March 29, 2023. Senior Associate Ankur Trivedi obtained a defense verdict in Gwinnett County with Associate Attorney Davis Lackey serving as second-chair during the trial. The lawsuit arose out of a rear-end collision which occurred on July 13, 2020 when Defendant bumped into the rear of Plaintiff’s vehicle.
Plaintiff complained of neck pain on scene, was treated by EMS, and was then transported to the ER on the date of loss. Following the ER visit, Plaintiff continued to treat for neck pain but also alleged wrist and shoulder pain, neither of which did she make complaints of at the ER. The treatment for both the alleged wrist and shoulder injuries culminated in surgery. Plaintiff alleged over $80,000 in medical bills, including a rotator cuff surgery for the shoulder and the wrist surgery. Plaintiffs treating surgeon testified that the cervical bulges, torn rotator cuff, carpal tunnel syndrome, and cubital tunnel syndrome were all acute in nature, and that Plaintiff required shoulder and wrist surgery as a result of this car accident.
At trial the plaintiff admitted to having prior neck pain and suffering from fibromyalgia. The defense presented testimony from their rebuttal expert, Dr. Barry Jeffries, a neuroradiologist. Dr. Jeffries testified that Plaintiff’s shoulder MRI showed no injury whatsoever, and that plaintiff’s cervical MRI showed chronic degenerative changes. Defendant’s expert opined that none of Plaintiff’s injuries were acute in nature, and there was no evidence of injury on the MRIs or other imaging to support Plaintiff’s conclusion.
After a 3 day trial, Plaintiff’s counsel asked the jury to return a verdict in the amount of $650,000. Mr. Trivedi asked the jury to return a defense verdict. After deliberating for four hours, the jury returned a defense verdict.
The Case is Alexandra Hernando-Reyes v. Ashley Esparza Lopez, State Court of Gwinnett County CAFN 21-C-00824-S4.
