November 21, 2024.  GMKE Attorneys Davis Lackey and Nick Harof won in trial this week in a case that was tried to a jury in the State Court of Forsyth County this week before Senior Judge John Carbo.  This case arose out of a motor vehicle accident that occurred on July 15, 2021 on ton Main Street at its intersection with Mason Street in Cumming, Georgia.

The Defendant, Mr. Lackey & Mr. Harof’s client was traveling on Mason Street, attempting to cross Main Street. At the same time, the Plaintiff was traveling on Main Street in the left lane. The Defendant struck the plaintiff in a T-bone type collisions that resulted in significant damage to both vehicles.  After the initial impact, the vehicles spun and collided again, which pushed Plaintiff’s vehicle into a fire hydrant.  The Defendant admitted fault and negligence was not an issue at trial.

Plaintiff did not seek treatment on the date of the accident.  She first presented to an Orthopedist roughly 3 weeks after the accident.  She also began chiropractic treatment with complaints of neck pain, mid-back pain, and lower back pain.  She had an MRI of her lumbar and cervical spine which revealed multi level disc herniations.   She ultimately underwent multiple rounds of epidural steroid injections, medial branch blocks and a rhizotomy.  She underwent Physical Therapy for roughly 12 visits.   The total amount of medical bills presented at trial were approximately $140,000.

At trial, Plaintiff testified that she Plaintiff began to experience neck and back pain a couple of days after the accident. Plaintiff denied any prior/subsequent injuries or complaints of pain. Plaintiff testified that she is still experiencing neck and back pain as a result of the accident.  Plaintiff also introduced a medical narrative from Dr. Douglas Linville, MD which related the claimed injuries to the motor vehicle accident.  Finally, she presented 2 before and after damage witnesses.

Mr. Lackey & Mr. Harof presented their client and expert testimony at trial from Dr. Barry Jeffries, an expert neuroradiologist who reviewed the records and films and and provided an opinion that the injuries were degenerative in nature and pre-existed the accident.  Further Dr. Jeffries also testified as to the extent of the Plaintiff’s prior injuries and the fact that her records also revealed prior complaints of back and neck pain.

During his closing, the plaintiff asked the jury to award all of the past medical bills and pain and suffering in a total amount of $500,000.  Mr. Lackey asked the jury to award the Palintiff $10,000.  The jury deliberated for approximately 45 minutes before returning a verdict of $15,000.

Prior to trial, GMKE had filed an Offer of Settlement under O.C.G.A. 9-11-68 for $75,000 and is now positioned to recover fees and costs against the Plaintiff.

The Case is Toni Knapp v. Christopher Palmer, State Court of Forsyth County CAFN 2023SV000317.

Read more about Attorney Davis Lackey here.

Read more about Attorney Nick Harof here.

Read more about GMKE at http://www.gmke.law.

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