January 8,2019 – Attorney Joseph Kaiser secured a dismissal for his client, an insurance carrier, in the State Court of Clayton County. The Plaintiff initially brought suit against an alleged tortfeasor in the State Court of Clayton County. During the course of litigation, the Plaintiff reached a settlement with the tortfeasor’s insurance company and as part of that settlement executed a general release.
After agreeing to the settlement and executing a general release, Plaintiff then brought the Plaintiff’s uninsured motorist carrier into the case and sought to continue his litigation against the insurer. Attorney Kaiser moved to dismiss the case based upon the execution of a general release and the case was ultimately dismissed.
Attorney Joseph Kaiser Secures Dismissal in Clayton County
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December 18, 2018 – Partner Paul Groth tried a case in the State Court of DeKalb County before a 12 person jury. The Plaintiff alleged that the accident was caused by the Defendant driving erratically and striking his vehicle while weaving in and out of traffic. The Defendant asserted that she was attempting to make a lane change and underestimated the amount of room that she had. The Defendant was cited for making an improper lane change and she admitted negligence.
At trial the Plaintiff testified that he did not have any pain at the scene of the accident, but felt pain afterward and presented to a chiropractor where he treated for 2 months. It was revealed that the Plaintiff had a prior automobile accident a year prior and had similar complaints of injury and similar treatment. The Plaintiff went on to undergo pain management treatment including injections testified that he was considering surgery.
The Plaintiff asked the jury to award his medical bills and an amount for pain and suffering. Mr. Groth asked the Jury to award a defense verdict. After deliberating a short period of time, the jury awarded a defense verdict.
Partner Paul Groth Secures Defense Verdict in DeKalb County
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.
In May 2018, Attorney Joe Kaiser joined Groth & Makarenko. Joe came to Groth & Makarenko after working in-house at one of the largest insurers in the country. Prior to that, he served as a prosecutor and brings 14 years of experience in criminal and civil litigation to Groth & Makarenko. Joe has extensive first-chair jury trial experience. Joe and his wife Kimberly have two children, Vivian and Jack, and live in Dunwoody, Georgia.
To read more about Joe, please click here.