February 7, 2020 – Partner Jay Eidex tried a case in the State Court of Hall County arising out of a an accident that occurred on April 8, 2013 on Highway 60 in Gainesville at the interchange with I-985. Liability was disputed in the case.
The Plaintiff was a taxi cab driver and he alleged that he was proceeding straight on Highway 60 with a green light across the highway when the Defendant failed to yield, turning left in front of them in an attempt to enter I-985. A witness later came forward several weeks after the accident to support that account. The Defendant contended he turned left on a green arrow and the Plaintiff’s vehicle ran a red light causing the collision. The collision was significant. Due to the conflicting accounts, no citations were issued.
The Plaintiff sustained a skull fracture and complained of low back pain. His treatment consisted of emergency room treatment on the date of loss, follow up visits related to the fractured skull and Physical Therapy for his low back pain. His total medical bills were approximately $20,000.
At trial, the Plaintiff called his passenger and an independent witness to corroborate his account. However, his passenger was impeached based upon the fact that he had also made a claim and in a prior deposition had testified that the Plaintiff had run the red light. Additionally, the independent witness was impeached and it was unclear that he had actually witnessed the accident.
The primary focus of the case was on the issue of negligence/liability. The jury deliberated for less than an hour and rendered a defense verdict.
The case is Jose Mejia v. Mark Cohea, State Court of Hall County, CAFN: 2013SV659Z
Groth & Makarenko is pleased to announce the addition of two new attorneys to the firm’s growing litigation practice.
Ryan O. Bell joins the firm after practicing as a civil litigator primarily focused on consumer debt.
Douglas A. MacKimm joins the firm after practicing as both a criminal defense attorney and Assistant Solicitor in Clayton County, Georgia.
January 8, 2020 – Partner Jay Eidex tried a case in the State Court of Cobb County arising out of a an accident that occurred on I-75. The facts of the accident were disputed at trial. The Plaintiffs contended that the Defendant failed to maintain his lane, striking another vehicle an causing his vehicle to spin striking other vehicles. Plaintiffs then contends that their vehicle was struck. The Defendant agrees that he lost control of his vehicle and that it spun striking multiple vehicles, however, he contended that he was first struck by a John Doe or unknown driver which caused him to lose control of his car. One Plaintiff claimed medical bills totaling approximately $20,000. Another Plaintiff claimed medical bills totaling approximately $4,300. The third Plaintiff was asserting a claim for loss of consortium.
At trial, the Plaintiffs called no witnesses to corroborate their account of the accident and they admitted they had not seen the Defendants car prior to the collision and did not know what caused it to start spinning. Mr. Eidex moved for a directed verdict which was granted by the Court.
The case is Justenia Chambers, Jamaine Chambers & Paris Metcalf v. Miguel Gamez Venegas, State Court of Cobb County, CAFN: 18-A-2132-1
January 7, 2020 – Partner Paul Groth tried a case in the State Court of Gwinnett County arising out of a rear end collision. The plaintiff was a rear-seat passenger and alleged that he suffered neck and low back injuries. The property damage to the rear bumper of the vehicle the in which the Plaintiff was a passenger was minor and the total repair bill was approximately $600. The Defendant admitted negligence in causing the accident.
Plaintiff first sought treatment at the ER 2 days after the accident and then continued treatment with a chiropractor, other doctors and also had an MRI of her lumbar spine. Plaintiff alleged past medical bills of $16,000 and asked the jury to award $75,000 inclusive of past medical damages, future medical damages and pain and suffering. Mr. Groth asked the jury to return a defense verdict.
The jury deliberated for approximately an hour and returned a defense verdict.
The case is Dennis Williams v. Amber Wilhite, State Court of Gwinnett County, CAFN: 18-C-02131-S1
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.