July 21, 2026. Partner Kevin James won a defense verdict in a case that was tried to a jury in the Superior Court of Coweta County before Judge Emory Palmer. The suit arose from a rearend motor vehicle collision that occurred on May 9, 2020, where both parties were traveling southbound on Amlajack Boulevard at its intersection with GA 34. Plaintiff was stopped in the left turn lane waiting to make a left turn onto GA 34, when Defendant rear ended Plaintiff’s vehicle. There were no reports of injuries at the scene. The Plaintiff’s vehicle sustained minor damage to the rear end. Defendant admitted to simple negligence in causing the accident; therefore, negligence was admitted at trial.
Plaintiff went to Georgia Bone & Joint ten days after the date of loss with complaints of neck pain radiating into his left arm. Plaintiff’s treatment included multiple injections, physical therapy, and an ACDF procedure at C4-6. Plaintiff testified that his pain continued and that he was recommended to have a second ACDF extending to another level of the cervical spine. As of the date of trial, Plaintiff claimed past medical damages in excess of $142,000.
At trial, Plaintiff, appeared pro se, and called five pain and suffering witnesses, who all testified that they knew Plaintiff for 20+ years and observed a difference in Plaintiff’s behavior, complaints of pain, and ability to work. Plaintiff himself testified from the stand and discussed the impact the motor vehicle collision had on his health, familial relationships, ability to work, medical treatment, and overall continued pain. During the cross examination of Plaintiff, the defense was able to highlight Plaintiff’s long history of neck pain with radicular complaints, dating back to 2006.
Defendant, who was a registered nurse, took the stand and testified the accident was minor and that Plaintiff appeared uninjured at the scene. Defendant provided expert testimony from Dr. Barry Jeffries, expert neuroradiologist, who reviewed Plaintiff’s imaging and opined that the conditions identified on the MRI and X-ray scans for the neck were all chronic and degenerative in nature and that there was no evidence of an acute injury which could be related to the motor vehicle accident.
In closing, the Plaintiff tried to appeal to the emotions of the Coweta County jurors by highlighting his long history and involvement in the community, the impact his injuries have had on his life, and the fact he had an ACDF procedure. Ultimately, Plaintiff asked the jurors to award what the jurors deemed to be fair and just. Mr. James argued the Plaintiff had not met his burden on causation so a defense verdict would be warranted. The jury deliberated for approximately 35 minutes before returning a verdict in favor of the defense for $0.
The Case is Charles Alton Simmons v. Regina Dawn Vickery, Superior Court of Coweta County CAFN SUV2022000462.
Read more about Partner Kevin James here.
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