December 12, 2019 – Partner Joseph Kaiser tried a case in the State Court of Gwinnett County arising out of a multiple vehicle automobile accident. The Plaintiff brought the suit against a named Defendant (Mr. Kaiser’s client) and a John Doe. The Plaintiff alleged that an unknown driver was driving erratically on I-20 in front of the vehicle in which she was a passenger. She claimed that the unknown vehicle or John Doe was weaving in and out of traffic on I-20 Eastbound and cut off a vehicle that was forced to make a sudden stop on the Interstate to avoid a collision. The Plaintiff’s son (who was driving the vehicle in which she was a passenger on a learner’s permit) then struck the rear of the stopped vehicle. The Plaintiff’s vehicle then spun out of control into the lane to the left and was struck by a vehicle being driven by Mr. Kaiser’s client. Plaintiff alleged both the John Doe and Mr. Kaiser’s client were negligent in causing the collision and were responsible for her alleged injuries.
Plaintiff contended she suffered multiple injuries to her body including a torn right meniscus which ultimately required surgical repair. She claimed medical damages in excess of $30,000 along with future medical damages and past and future pain and suffering. She further contended that the injury was permanent and debilitating.
The defense argued that neither John Doe, nor Mr. Kaiser’s client were negligent in any manner and that the Plaintiff’s son was the cause of the accident. The Defense further argued that her alleged injury was a chronic condition was completely unrelated to the accident.
The jury deliberated for 10 minutes and returned a defense verdict in favor of both Mr. Kaiser’s client and John Doe.
Nadia Nickerson of Law Office of James C. McLaughlin served as counsel for John Doe.
The case is Telita Todd v. Patrick Cleveland and John Doe, State Court of Gwinnett County, CAFN: 18-C-06162-S4
Groth & Makarenko is proud to be a Silver Level Sponsor for From Hunger to Hope – Gwinnett and is excited to join their mission to provide life-saving meals for children in desperate need around the world. The attorneys and staff at Groth & Makarenko look forward to working with other area organizations, volunteers and staff at From Hunger to Hope to reach the goal of providing more than 1,000,000 meals through the 2020 Feed My Starving Children MobilePack event.
November 20, 2019 – Partner Jay Eidex tried a case in the State Court of Fulton County involving a parking lot accident that occurred when the defendant had begun backing out of her parking space. The Defendant was unable to see around a large panel truck and had to back out with her vision partially obscured. As she backed around the truck, she was struck by the Plaintiff traveling through the parking lot. There was not property damage to the Defendant’s vehicle. The Plaintiff’s vehicle sustained a minor scuff which was buffed out at a cost of $50. The police were not called due to the low impact, lack of complaint of injury, and the fact that the collision occurred on private property.
Plaintiff claimed injuries including multiple bulging discs and soft tissue injuries for which she underwent mostly chiropractic treatment. At trial Plaintiff called her chiropractor to testify as to causation. In closing the Plaintiff asked for her medical damages of $10,930 plus a multiple for pain and suffering. The jury deliberated for less than 10 minutes and returned a defense verdict.
The case is Chianti Hatchett v. Jessica Loud, Superior Court of Fulton County, CAFN: 2018-CV-304253
Groth & Makarenko is pleased to announce that Jay Eidex and Joseph Kaiser have been elected to partnership.
Jay Eidex joined Groth & Makarenko in 2017 after serving in the Fulton County Solicitor’s office and then practicing in the Atlanta staff counsel office of one of the largest insurance companies in the country for 19 years. His practice continues to focus on automobile and premises liability defense as well as insurance coverage.
Joseph Kaiser joined Groth & Makarenko in 2018 after practicing as a prosecutor in St. Louis County, Missouri and then practicing in the Atlanta staff counsel office of one of the largest insurance companies in the country for 6 years. His practice continues to focus on automobile and premises liability defense.
Groth & Makarenko is pleased to announce the addition of two new attorneys to the firm’s growing litigation practice.
Ankur P. Trivedi joins the firm after operating his own practice at the Trivedi Law Firm, LLC where he focused on criminal defense as well as personal injury law.
L. Ashley Vest joins the firm after practicing insurance defense litigation in the staff counsel office for one of the largest insurers in the country.
August 29, 2019 – Attorney Jay Eidex tried a case in the State Court of Rockdale County involving unusual facts. The accident occurred on December 22, 2016 during the early morning hours when it was dark outside. The defendant was attempting to pull off of Highway 212 into the private drive of a hunting club. He missed the driveway which resulted in his Ford pickup truck getting stuck in a drainage ditch with the rear of his vehicle sticking out into the westbound traffic lane in a perpendicular manner. The Plaintiff alleged he was unable to see the Defendant’s disable vehicle until it was too late which caused him to strike the Defendant’s vehicle. There were no complaints of injury and no citation was issued at the scene of the accident. The Defendant contended that he activated his hazard lights upon his vehicle becoming disabled, but the Plaintiff contended that he never saw any hazard lights.
The Plaintiff claimed medical bills in excess of $61,000 and ;lost wages exceeding $40,000 resulting from injuries he alleged that were a result of the accident. At trial, Plaintiff called Dr. Shevin Pollydore to testify regarding causation of two lumbar herniated discs at L4-5 and L5-S1. The Defense called Dr. Barry Jeffries to rebut the causation findings of Dr. Pollydore. Both parties called expert accident reconstructionsists regarding the visibility, sight lines and ability to avoid a collision. On Cross Examination, the Plaintiff’s expert reconstructionist conceded that his math in calculating the perception reaction time and stopping distance may have been flawed.
The Plaintiff asked for the jury to award all of his past medical damages, lost wages and a multiple of those amounts for pain and suffering. The jury deliberated for approximately 5 hours before returning a defense verdict.,
The case is Michael David Cox v. James Edward Hospodarsky, State Court of Rockdale County, CAFN: 2017-SV-1454