March 30, 2023. Partner Paul Groth secured a victory for his client in a case that was tried to a jury in the State Court of Gwinnett County in a 3 day trial. The suit arose out of a motor vehicle accident that occurred on May 30, 2017 on Dacula Rd. in in Gwinnett County. The Plaintiffs’ vehicle was at a stop waiting to turn onto Evergreen Rd. when they were rear-ended by the Defendant. The Defendant was found to be at fault and admitted negligence at trial.
The Plaintiffs both went to the Emergency Room on the date of the accident. The husband and claimed back and neck pain radiating into his right shoulder. He continued his treatment and ultimately claimed he sustained a permanent brain injury which causes him slower cognition and affects his ability to run his electrical contracting business. He also claimed constant neck pain and bilateral shoulder pain. His treatment included physical therapy as well as injections. He was ultimately diagnosed with a partial thickness rotator cuff tear and SLAP tear. His medical bills totaled $23,566.44. The wife made complaints of back and neck pain at the emergency room. She also underwent physical therapy and injections. Her medical bills totaled $20,170.10.
At trial, Plaintiff presented Dr. Sellers at Peachtree Spine Physicians who heavily supported the plaintiffs’ various claims of having re-injured or aggravated previous issues with their spines and shoulders. Mr. Groth called Dr. Barry Jeffries, a board certified neuroradiologist who provided an opinion that the diagnostic studies showed revealed long term chronic and degenerative changes that were not caused by the accident.
During his closing, the plaintiff asked the jury to award the medical bills of $23,566.44 and $20,170.10 for the respective plaintiffs as well as an additional $70,000-110,000 each for pain and suffering. Mr. Groth suggested the plaintiffs had not proven any acute injury and, thus, a defense verdict was appropriate, however, as an alternative he suggested that any award should only cover the initial treatment.
The jury took 1 hour and 20 minutes to deliberate and returned a verdict for the husband int he amount of $7,200 and for the wife in the amount of $7,900.
The Case is Thaddaeus Rogers and Sharon Rogers v. Barbara Welling, State Court of Gwinnett County CAFN 19-C-01836-S5.