June 15, 2026. Partner Kevin James won a full defense verdict in a case that was tried to a jury in the State Court of DeKalb County before Judge Kimberly Alexander. The suit arose from a four-vehicle motor vehicle collision that occurred on October 3, 2019, where both parties were traveling eastbound on I-285 near the I-85 junction. Traffic came to stop when Defendant rear ended vehicle 2, which then was pushed into Plaintiff, and subsequently Plaintiff was pushed into vehicle 4. There were no reports of injuries at the scene. The Plaintiff’s vehicle sustained minor damage to the rear end and minor damage to front. Defendant admitted to simple negligence in causing the accident; therefore, negligence was admitted at trial.
Plaintiff went to the ER five days after the date of loss with complaints of low back pain. Plaintiff continued to treat, immediately following up for chiropractic care the next day. Plaintiff testified that she injured both her neck and back and her treatment continued up until present, as she treated with a neurologist, orthopedic surgeon, physical therapist, home health, and pain management. During Plaintiff’s care, she received a laminectomy and right sided transforaminal lumbar interbody fusion (TLFI) in December of 2019. Plaintiff’s surgery allegedly did not heal, and Plaintiff suffered from an osteomyelitis infection, requiring hospitalization and home health. Once cleared from infection, Plaintiff had another procedure to remove a fractured pedicle screw in 2020. Since 2020, Plaintiff has been in pain management and has received a spinal cord stimulator, multiple injections, and an SI Joint Fusion. As of the date of trial, Plaintiff continued to treat with pain management. Plaintiff claimed past medical damages in excess of $1,170,000 and presented a life care plan with future care needs in excess of $2,400,000 (inclusive of 68 cervical injections, 1 SI Joint Fusion revision, and 3 spinal cord stimulator revisions).
At trial, Plaintiff presented medical testimony by way of video deposition from Dr. An Do who testified that the Plaintiff’s herniations and disc bulges were caused by the motor vehicle accident. Plaintiff next called Dr. Chintan Desai, radiologist, who went over Plaintiff’s x-rays, and MRIs he reviewed post-accident, and testified that all of the findings were caused by the accident. Plaintiff next called Dr. Gabriel Marrero, via video deposition, who testified regarding the spinal cord stimulator and pain management treatment he performed and that the accident was the cause of the alleged injury. Dr. Gabriel Marrero was then called to appear live to testify about current treatment and discuss the SI Joint Fusion. Plaintiff also called Dr. Rachel Williams, life care planner with LCPpro, who testified that she collaborated with Dr. Marrero, spoke with Plaintiff via Zoom, and prepared a life care plan for the remaining 34 years of Plaintiff’s life, projecting future care needs in excess of $2,400,000. Plaintiff took the stand and testified as to her pain and how her injuries have impacted her. Plaintiff also presented two of her friends as before and after witness, and one of the other drivers involved in the accident as a rebuttal witness.
Defendant provided expert testimony from Fatiesa Sulejmani, Ph.D., bio-mechanical engineer, who testified that she inspected the black box data of Defendant’s vehicle and calculated the Delta-V forces involved in the accident. Defendant next called Dr. Henry Barnard, expert orthopedic surgeon, who testified as a rebuttal to Plaintiff’s life care plan. Defendant next called Dr. Barry Jeffries, expert neuroradiologist, who reviewed before and after imaging and opined that the conditions identified on the MRI and CT scans for the neck and back 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. Defendant took the stand and testified about the accident and his observations.
In closing the Plaintiff suggested the jury award a verdict in a range that exceeded $8 million for past special damages, future special damages and past and future general damages, including pain and suffering. Mr. James argued the Plaintiff had not met their burden on causation so a defense verdict would be warranted. The jury deliberated for approximately 45 minutes before returning a verdict in favor of the defense for $0. Mr. James submitted an Offer of Settlement in 2021 for $100,000 and is in position to recover all fees under that Offer.
The case is Lisa Coleman v. Stephon Avery, State Court of DeKalb County CAFN 20A81985.
Read more about Partner Kevin James here.
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