Defense Verdict in Fulton County Car Wreck Case

Case Caption:  Stoddard v. Greenberg and Lawrence, Civil Action File No. 09EV007816
Court:  Fulton County State Court
Judge:  Honorable Susan B. Forsling
Plaintiff’s Attorneys: Lloyd N. Bell, Bell & Mulholland, LLC
Defendant’s Attorneys: Nikolai Makarenko Jr., Groth & Makarenko, LLC
Stephanie Chavies, Sharon W. Ware & Associates
Alleged Damages: Cervical Fusion
Verdict: Defense Verdict
Date of Verdict:  March, 2011

Summary: 
Plaintiff, a 60-year-old woman, sought close to $1 million in damages for herniated discs necessitating a cervical discectomy and two-level neck fusion.  Liability was not hotly disputed, but a  Fulton County jury returned a verdict for the defendants, apparently believing that Plaintiff’s spinal court problems were pre-existing and degenerative in nature.

Plaintiff’s claim arose out of a February 21, 2009 accident, where Defendant Lawrence struck the rear of Plaintiff’s vehicle with his motorcycle.  Plaintiff called a witness who testified that Plaintiff was rubbing her neck at the scene but the defense introduced evidence that Plaintiff  had not complained of an injury at the scene, did not seek any medical treatment until she saw a chiropractor two days after the accident, and that she had prior degenerative neck problems.

The jury refused to award any damages and Plaintiff’s counsel has promised an appeal.

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