Interstate Rear-Ender Results in Verdict for Shoulder Injury

Case Caption: Laverne Bailey v. D. Grillot
Case Number: 08A96839
Verdict: $57,636
Court: DeKalb County State Court
Judge: Janis C. Gordon
Date of Verdict: 9/15/2009
Attorneys:
Plaintiff: Lloyd W. Hoffspiegel, Atlanta
Defendant: John B. Austin, Atlanta

Facts:

A DeKalb County jury was asked to determine the amount of damages awardable to a woman who was injured in a rear-end collision in which liability was admitted. It awarded her $57,636.

Plaintiff Laverne Bailey was driving home from work. She was traveling eastbound on I-285 near I-20. As she slowed for traffic ahead of her, she was hit from behind by Defendant Dennis Grillot’s vehicle. Plaintiff’s vehicle was totaled in the accident and defendant’s vehicle sustained $12,000 in property damage.

Plaintiff alleged that defendant failed to keep a proper lookout and was following too closely.

Defendant initially contended that traffic was merging and the plaintiff cut off his lane of travel. He later admitted liability, but contested damages. He argued that the accident was not the proximate cause of plaintiff’s shoulder injury. Defendant also noted that plaintiff had a history of arthritis.

Plaintiff Profile: Plaintiff was a 37 year old married female who was employed as a legal secretary.

Alleged Injury: Shoulder injury requiring arthroscopic surgery.

Plaintiff claimed $49,314 in past medical specials and $5,600 in past wage loss.

Insurance Carrier: Motorists Mutual

Expert(s):
Plaintiff: Thomas Ross, M.D.
Orthopedist – Atlanta, GA
Defendant: None Ross, Thomas, M.D.
None
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