November 30, 2023. Partner Kevin James won a defense verdict in a case that was tried to a jury in the State Court of Fulton County before Judge Susan Edlein. The suit arose from a motor vehicle collision that occurred on November 11, 2019, where both parties were traveling westbound with the Defendant behind Plaintiff. Plaintiff was stopped at a red light when she was rear-ended by the Defendant. Defendant claimed she was unable to stop because an aerosol air freshener rolled under her brakes. There were no reports of injuries at the scene. The Plaintiff’s vehicle sustained moderate damage to the rear end. Negligence was admitted at trial.
Plaintiff went the ER later on the date of loss with complaints of low back pain. Several days later she presented to an orthopedist with complaints of right shoulder pain and she ultimately had surgery to repair a rotator cuff tear. She saw another orthopedist at the same practice for neck and back pain and they recommended 1 of 2 potential surgeries. As of the date of trial, she had not had surgery to her back or neck. She claimed past medical damages (including the shoulder surgery) of $152,569.96 and claimed future surgical recommendation for $97,000.
At trial, Plaintiff presented medical testimony by way of video deposition from Dr. Scott Barbour who testified that the rotator cuff tear was caused by the motor vehicle accident and that the surgical intervention was necessary and successful. Plaintiff also presented Dr. Douglas Linville who testified the plaintiff’s claimed back injuries were related to the motor vehicle accident and that she would require 1 of two potential surgeries. Plaintiff also presented her husband, friend, cousin and employer as before and after witnesses.
Defendant provided expert testimony from Dr. Colby Chastain, a radiologist who opined that the conditions identified on the MRI and CT scans for the neck, back, and shoulder were all chronic and degenerative in nature and that there was no evidence of an acute injury to either the neck, back or shoulder which could be related to the motor vehicle accident.
In closing the Plaintiff asked the jury to award a verdict 2.5 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, however Plaintiff had the right to get checked out and so Plaintiff should be awarded the date of loss treatment and diagnostic imaging. The jury deliberated for approximately 3 hours before returning a verdict in the amount of $17,315, significantly less than the last offer made by the defense.
The Case is Gloria Gutierrez v. Dominique Heyward, State Court of Fulton County CAFN 21EV005539.
Read more about Senior Associate Kevin James here.
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