This case lasted two days and was tried in Fulton County State Court, over which Judge Myra Dixon presided. The Plaintiff’s attorney presented his client, her husband, pictures, and a surgical recommendation as part of his case. The Plaintiff was impeached through the use of her interrogatories and her deposition regarding a pre-existing injury. Results…The jury awarded less than half of the Plaintiff’s medical bills.
Jackson State Court: Plaintiffs demanded $960,000 prior to trial but a Jackson County jury only awarded them $139,490. Nik represented a truck driver and his employer in a crash involving the Plaintiff and his son that took place 9 years ago. The employee was driving a tractor trailer when he crossed the center line and stuck the Plaintiff’s pickup truck two times. The driver had moved away and was not present at trial but liability was admitted so the issues for the jury were causation and damages. The Plaintiff sought to recover past medical expenses, pain and suffering damages and although he did not present a specific lost wage claim, he has not returned to work since this wreck. Following the wreck the Plaintiff claimed injury to his neck, back, right shoulder and headaches. He was set to have shoulder surgery but when he tried to get this done it was determined that he had a serious heart issue and he had to undergo open heart surgery. This was unrelated to the wreck but complicated his claim as he could now not return to work and was not able to have the recommended surgery and thus he continues to suffer from ongoing pain in his shoulder.
Forsyth Superior Court: In another case of admitted liability, the Plaintiff did not convince a jury that her need for knee and back surgery was related to this wreck and only recovered $30,000. The elderly Plaintiff had prior issues with these body parts but claimed that the need for surgery was due to this wreck. The Defendant admitted that she turned left in front of the Plaintiff and thus the trial proceeded on the issues of causation and damages. At trial the Plaintiff requested an award somewhere between $250,000 and $500,000 with claimed medical bills in excess of $133,000. The jury felt that her initial treatment was reasonable and awarded her an amount that they felt would allow her to pay her doctor and attorney. The Plaintiff was offered $100,000 prior to trial.
March 6-7, 2018- The Plaintiff alleged a low back injury after a rear impact collision in 2014, while his wife alleged loss of consortium. The Plaintiff admitted he had prior low back pain in 2011 and 2012, but that his pain had completely resolved in 2012. He alleged the 2014 collision caused a new onset of low back pain, from which he continues to suffer.
The Plaintiffs presented an expert treating physician who testified, after comparing a 2011 MRI and 2015 MRI, that there was a significant enlargement of herniation at L3-L4 and that the Plaintiff’s low back pain was a case of aggravated herniation and was caused by the collision.
The Defendant’s counsel, Attorney Jay Eidex argued that the changes in the Plaintiff’s MRIs were a result of the degenerative process. This was based on the fact that the Plaintiff had evidence of pre-existing arthritis in the 2011 MRI and the only change from the 2011 MRI to the 2015 MRI was the enlargement of herniation at L3-4. Attorney Eidex presented an expert who had reviewed the Plaintiff’s MRI films from before and after the collision and testified to this effect.
The Jury deliberated for an hour and a half and returned with a verdict in favor of the Defendant and returned no money to the Plaintiffs.
November 2017 – State Court of Hall County
Claiming medical injuries to the ulnar nerve in the elbow and median nerve in the wrist were a result of an automobile accident with the Defendant, the Plaintiff presented a Hall County jury with a request for reimbursement of $71,140.00 in medical bills plus a multiple of that amount for pain and suffering.
The Plaintiff introduced deposition testimony of his surgeon who had performed surgeries on both areas for nerve entrapment. An additional rotator cuff surgery was performed about 1 ½ years later
Defense attorney Paul Groth took the evidentiary deposition of Dr. Daniel Cobb of Gainesville Neurology, EMG, who concluded ulnar entrapment around the left elbow, moderate to severe and mild to moderate ulnar and median neuropathy at the wrist. However, Attorney Groth argued that Diabetes (which the plaintiff had) could be an explanation for the neuropathies, as it is the most common, non-trauma cause for the condition. Dr. Cobb and the jury agreed.
Deliberating for less than 2 hours, the jury returned a verdict in the amount of $2,066.00 – the amount of the ER bill.
October 14, 2017 –The Defendant, who was working at the time, fell asleep at the wheel, and after striking the Plaintiff’s truck, the vehicle flipped several times. The Plaintiff, who was a front seat passenger, claimed injuries to his neck and back. Ultimately Plaintiff underwent surgery to his back, accruing past medical expenses in excess of $324,000. The Plaintiff’s employer, family members and treating physician testified that his injuries were due to this car accident. Specifically, Dr. Armin Oskouei testified that the Plaintiff’s herniated disc in his low back was due to this car accident, and that he had performed surgery to correct the problem. Defense counsel, Nik Makarenko, Jr., retained a physician to review the Plaintiff’s scan, who ultimately testified that the surgery was not due to the car wreck. Following 6 hours of deliberations to consider the Plaintiff’s request to award past medical expenses, and an additional $400,000 in pain and suffering damages against the Defendants, a Henry County jury secured a verdict in the amount of $123,000. The verdict represented medical expenses prior to the treatment with Dr. Oskouei and some amount for pain and suffering.
July 2017 – Attorney Nik Makarenko was successful in defeating a Plaintiff’s claims that her neck and back surgeries were due to a car accident with his client. Requesting that the the jury award her between $2.4 to $3.8 million dollars for her damages, the Plaintiff presented 7 before and after witnesses, including family members, co-workers, and friends. She testified to and presented two doctors, Dr. Pollydore and Dr. Chappius via video deposition, relating her injuries to the accident. Dr. Chappius performed surgery to her neck, and thereafter performed surgery on her back. The Plaintiff presented past medical bills of approximately $243,000. Attorney Makarenko argued that the need for surgery was not due to this wreck, having a doctor testify on behalf of the Defendant. The Gwinnett County jury deliberated about 5.5 hours before returning a verdict of $30,750.