Eggshell Plaintiff Loses Claim for Multiple Injuries
(courtesy of the Georgia Trial Reporter)
Case Caption: Anila Surani, et al. v. Dhamani Meherunnisa
Verdict: Defense verdict
Judge: John Doran, Jr.
Date of Verdict: 1/13/2010
Attorneys:
Plaintiff: James A. Rice Jr., Atlanta
Defendant: Paul L. Groth, Suwanee
Facts: An eggshell plaintiff claimed she had to undergo surgery after being involved in a rear-end collision with defendant. Causation was disputed as defendant argued that plaintiff’s preexisting conditions were the cause of the surgeries. A Gwinnett County jury returned a defense verdict after deliberating 40 minutes.
Plaintiff Anila Surani and Defendant Dhamani Meherunnisa were involved in a minor accident. Plaintiff had preexisting avascular necrosis and claimed the accident caused her condition to worsen to the point she required surgery sooner than she had planned.
Plaintiff alleged she had surgeries, such as hip and knee replacements, because the rear-end accident aggravated her preexisting conditions and accelerated the need for the surgeries, although plaintiff conceded she was going to need the surgeries eventually. Plaintiff’s medical expert testified that plaintiff’s conditions quickly deteriorated after the accident and attributed the need for the accelerated surgeries to the collision.
Defendant contended that plaintiff’s conditions were preexisting and she could not prove the accident caused any new injuries.
Plaintiff Profile: Plaintiff was a 40 year old divorced female employed as a nurse.
Alleged Injury: Soft tissue shoulder, neck, back, hip and bilateral knee injuries to an eggshell plaintiff. Plaintiff had preexisting avascular necrosis and ultimately had 10 surgeries, including hip and knee replacement. Plaintiff claimed she was completely disabled. Plaintiff’s counsel reported that plaintiff sought approximately $25,000 in medicals. Defense counsel indicated that plaintiff claimed $148,000 in medicals. Plaintiff’s family sought damages for loss of consortium.
Jury Deliberations: 40 minutes
Settlement Efforts: Last Demand: $250,000
Last Offer: $1,500
Insurance Carrier: State Farm
Expert(s):
Plaintiff: Robert S. Bachner, M.D.
Orthopedist – Decatur, GA
Defendant: None
Case Number: 07C-16267-6
Case Caption: Anila Surani, et al. v. Dhamani Meherunnisa
Verdict: Defense verdict
Judge: John Doran, Jr.
Date of Verdict: 1/13/2010
Attorneys:
Plaintiff: James A. Rice Jr., Atlanta
Defendant: Paul L. Groth, Suwanee
Facts: An eggshell plaintiff claimed she had to undergo surgery after being involved in a rear-end collision with defendant. Causation was disputed as defendant argued that plaintiff’s preexisting conditions were the cause of the surgeries. A Gwinnett County jury returned a defense verdict after deliberating 40 minutes.
Plaintiff Anila Surani and Defendant Dhamani Meherunnisa were involved in a minor accident. Plaintiff had preexisting avascular necrosis and claimed the accident caused her condition to worsen to the point she required surgery sooner than she had planned.
Plaintiff alleged she had surgeries, such as hip and knee replacements, because the rear-end accident aggravated her preexisting conditions and accelerated the need for the surgeries, although plaintiff conceded she was going to need the surgeries eventually. Plaintiff’s medical expert testified that plaintiff’s conditions quickly deteriorated after the accident and attributed the need for the accelerated surgeries to the collision.
Defendant contended that plaintiff’s conditions were preexisting and she could not prove the accident caused any new injuries.
Plaintiff Profile: Plaintiff was a 40 year old divorced female employed as a nurse.
Alleged Injury: Soft tissue shoulder, neck, back, hip and bilateral knee injuries to an eggshell plaintiff. Plaintiff had preexisting avascular necrosis and ultimately had 10 surgeries, including hip and knee replacement. Plaintiff claimed she was completely disabled. Plaintiff’s counsel reported that plaintiff sought approximately $25,000 in medicals. Defense counsel indicated that plaintiff claimed $148,000 in medicals. Plaintiff’s family sought damages for loss of consortium.
Jury Deliberations: 40 minutes
Settlement Efforts: Last Demand: $250,000
Last Offer: $1,500
Insurance Carrier: State Farm
Expert(s):
Plaintiff: Robert S. Bachner, M.D.
Orthopedist – Decatur, GA
Defendant: None
Case Number: 07C-16267-6