Articles & Case Information
Macon, Georgia
Case Information
Greene County, GA Superior Court
Case # 2005-SU-CV-323
Judge: E. Byron Smith
Date of Verdict 11/27/2007
Plaintiff's Attorney (s): Jeffrey N. Powers, Macon GA - David M. Cusson, Macon GA
Facts:
Causation of a back injury was disputed in this motor vehicle case. The defendant argued that the injury was due to degenerative disc disease. The case was presented to a Green County jury, who awarded the plaintiff $150,000.00
Plaintiff was operating a Toyota Camry, she was on her way to a hair appointment when she stopped to allow pedestrians to cross the roadway. Defendant was operating a BMW. He struck the rear of the plaintiff's vehicle when plaintiff stopped. Plaintiff asked the police for medical assistance at the scene and was transported to the hospital by ambulance. Plaintiff's vehicle sustained $737 in property damage. There was no damage to the defendant's BMW.
Plaintiff alleged that she had a preexisting neck injury that was aggravated by the accident, but the injury resolved shortly after the accident. Plaintiff's primary injury complaint was that she sustained a permanent back injury in the accident. She also attributed a subsequent knee injury to the weakened condition of her back claiming that her weak back caused her to fall. Plaintiff's treating physician testified on plaintiffs behalf.
Plaintiff Expert Witness: Dwayne L. Clay M.D.
Editor's Note:
Per plaintiff's counsel Powers, this case was impacted by the credibility of the plaintiff with regard to her past medical history, the testimony of a supporting witness who traveled extensively with the plaintiff before the accident and the medical testimony of plaintiff's treating physician.
