October 27, 2023. Partner Jay Eidex secured a favorable verdict for his client in Gwinnett County with the jury returning a verdict less than the defense last offer. Associate Attorney Latevia Priddy served as second chair at trial. This suit arose out of a motor vehicle accident that occurred on January 31, 2020. The Defendant was traveling on Medlock Crossing Parkway at its intersection with Medlock Bridge Road immediately behind the Plaintiffs when he failed to notice the Plaintiffs’ vehicle was stopped. The Defendant struck the rear of the Plaintiffs’ vehicle. There was minimal property damage to either vehicle and there was no airbag deployment in either vehicle. The defendant admitted fault and negligence was admitted at trial.
The Plaintiffs were husband and wife and were traveling in the vehicle struck by the Defendant. Both went to the ER on the date of loss with complaints of back and neck pain and both were treated and released. Both sought follow up treatment with an orthopedist who directed them to undergo an MRI and recommended physical therapy. Their claimed medical damages as trial were approximately $14,500 for plaintiff husband and $12,500 for plaintiff wife.
At trial, the plaintiffs testified regarding their injuries and treatment. Plaintiff presented medical testimony by way of a narrative issued by Dr. Scott Barbour.
In closing, Plaintiff’s counsel asked the jury to return a verdict that included past medical bills and pain and suffering for a total award of $50,000 for each Plaintiff. Mr. Eidex asked the jury to award the reasonable value of medical bills (arguing the bills were inflated) and a reasonable measure of pain and suffering. The Jury deliberated for approximately 2 hours before returning a verdict in favor of Plaintiff husband in the amount of $14,000 and Plaintiff wife in the amount of $16,000. Globally the verdicts totaled $30,000 which was less than the defense’s last offer to resolve the case of $36,000.
The Case is Dmitry Zernes and Svetlana Zernes v. Uchenna Agharanya, State Court of Gwinnett County CAFN 22-C-00002-S5.
Read more about Partner Jay Eidex here.