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.
Attorney Joe Kaiser joins Groth & Makarenko
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.