February 14, 2024. Partner Jay Eidex won a favorable verdict for his client in Fulton County with the jury returning a verdict of $6,798, well less than the defense last offer. The case was tried to a 12 person Jury presided over by Judge Eric Richardson. Associate Attorney Nathan Chong served as second chair at trial. This suit arose out of a motor vehicle accident that occurred on September 15, 2022. The Defendant was at the security gate of her apartment complex in Sandy Springs, Georgia during a heavy rainstorm. She was at a complete stop behind another vehicle that was stopped at the entrance gate and that other vehicle attempted to back up from the gate. The Defendant then attempted to back up to allow that vehicle room to leave, but the did not realize there was a vehicle immediately behind her. When she began to back up, the Defendant struck the Plaintiff’s vehicle. The collision resulted in extremely minor damage and negligence was admitted at trial.
The Plaintiffs went to the ER on the date after the accident complaining of headaches and shoulder pain. Tree days later, the Plaintiff presented to an orthopedic clinic that he admits he was referred to by his attorney. In addition to undergoing chiropractic treatment, the Plaintiff underwent multiple injections and radiofrequency ablations in his lumbar and cervical spine. The medical damages presented at trial were approximately $108,000 in past medical damages and $85,000 in future medical damages.
At trial, the plaintiff testified regarding his injuries and treatment. Plaintiff presented medical testimony by way of a narrative issued by Dr. David Katz, MD which related the alleged injuries to the motor vehicle accident and concluded that the damages were reasonable, related and necessary.
Mr. Eidex presented the testimony of Dr. Barry Jeffries, MD who reviewed the medical records and films and noted that the Plaintiff had no prior symptoms but had omitted prior injuries and treatment. He further noted that all of the objective findings were related to the discs but the treatment was focused on the facet joints. Finally, because the Plaintiff had prior claims, Dr. Jeffries was able to compare pre and post accident imaging and noted that all of the objective findings were long term chronic conditions and that there were no acute findings on the post accident images.
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 $178,000 for each Plaintiff. Mr. Eidex asked the jury to award the medical bills for the initial treatment at the ER. The Jury deliberated for a little over an hour before returning a verdict in favor of Plaintiff in the amount of $6,798.
The Case is Lee Wilcox v. April Hughes Watson, State Court of Fulton County CAFN 22EV005157.
Read more about Partner Jay Eidex here.
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