March 21, 2024. Partner Paul Groth won a defense verdict for his client in a case tried in the State Court of Gwinnett County this week. The case involved significant claimed medical special damages by the Plaintiff. The suit arose out of a motor vehicle accident that occurred on September 18, 2027 when the defendant rear-ended a work van being driven by the plaintiff. The Plaintiff did not initially want to involve the police, however a month later, the plaintiff filled out a Personal Report of Accident where he stated he sustained neck and back injuries in the accident. Negligence was admitted at trial, however the Defendant contended the collision was very minor.
The Plaintiff did not go to the ER after the accident but did start treating with a Chiropractor that day, where he complained of back and neck pain. In addition to the Chiropractor, he sought pain management treatment where he underwent multiple rounds of injections over a 2 month period. At trial, the Plaintiff claimed medical damages of approximately $95,000.
During the trial, the plaintiff presented testimony of Dr. Jonathan Eugenio, a radiologist who testified that the Plaintiff had cervical and lumbar disc herniations which were acutely caused by the motor vehicle accident. Dr. V.K. Puppala who testified that that Plaintiff’s injuries were acute, caused by the accident and that the injections and treatment rendered by him was all reasonable and necessary.
Mr. Groth called Dr. Barry Jeffries, a neuroradiologist who testified that the diagnostic studies showed degenerative changes in the plaintiff’s brain, neck, back and no evidence of any acute injuries or aggravations of either. He also presented the testimony of Evan McConnell, M.S., P.E. a Biomechanical Engineer. He testified that the Delta-V (change in velocity) was less than 11 M.P.H and the Plaintiff would have rebounded forward within the occupant compartment at less than 5 mph or less. or at less than twice typical human walking speed. He testified that mechanism required for the traumatic herniation of intervertebral discs in the spine was not present in this accident.
During his closing, the plaintiff’s attorneys asked the jury to award the past medical bills of $95,000 and whatever they felt was fair for pain and suffering. Mr. Groth asked the jury to return a defense verdict. The jury deliberated for 3 hours and returned a defense verdict.
The Case is Robert Eason vs. C. Douglas Vanburen, State Court of Fulton County CAFN 19-C-02428-S4.
Read more about Partner Paul Groth here.
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