April 10, 2024. Partner Paul Groth won a defense verdict for his client in a case tried in the State Court of Cherokee County this week. The case involved significant claimed medical special damages by the Plaintiff including surgery for a torn rotator cuff. The suit arose out of a motor vehicle accident that occurred on January 29, 2015 when the defendant rear-ended the vehicle being driven by the plaintiff. The police report indicated the vehicles had slight damage and there were no injuries reported at the scene.
The Plaintiff did not go to the ER the day of the accident, but presented the following day with complaints of right shoulder and neck pain. She also treated with an orthopedic surgeon undergoing rotatory cuff surgery and ultimately a revision surgery when that surgery failed. At trial, the Plaintiff claimed medical damages of approximately $157,000.
During the trial, the plaintiff presented testimony of Dr. Jeff Traub, M.D., an Orthopedic Surgeon who testified that the Plaintiff sustained a torn rotator cuff in her right shoulder as a result the subject accident. He further testified that, while the plaintiff had pre-existing degenerative changes in her AC joint, because the plaintiff never had any pain or similar problems, it was the accident that either caused the tear or caused the tear to become symptomatic. Regarding the revision surgery, he testified that the plaintiff had a compromised rotator cuff from the accident and resulting surgery.
Mr. Groth called Dr. Barry Jeffries, a neuroradiologist who testified that the diagnostic studies showed a full thickness tear of the supraspinatus tendon but also showed AC joint arthrosis and chronic degenerative changes along with no evidence of acute injury tot he rotator cuff. He additionally testified the cervical spine had multi-level degenerative changes and no evidence of acute trauma. Mr. Groth also presented the testimony of Richard V. Baratta, Ph.D., P.E. a Biomechanical Engineer. He testified that the Delta-V (change in velocity) was less than 5-7 M.P.H and that such an impact could result in minor cervical and lumbar sprains but that the mechanism of injury and forces were not sufficient to cause a rotator cuff tear.
During his closing, the plaintiff’s attorney asked the jury to award the past medical bills of $157,000 and pain and suffering of approximately $314,000 for a total award of $471,000. Mr. Groth asked the jury to return a defense verdict. The jury deliberated for 30 minutes and returned a defense verdict.
The Case is Connie Honea v. Morgan Allgaier, State Court of Cherokee County CAFN 16SC0992.
Read more about Partner Paul Groth here.
Read more about GMKE at http://www.gmke.law. Follow GMKE on Linkedin, Facebook, Instagram and Twitter.
