Levy & Pruett Wins Defense Verdict in Rear-End Collision

Breena L. Burgess v. Brianna A. Proctor
Fulton County State Court
Civil Action File No. 11EV013165C
Defense Verdict: August, 2012

On November 15, 2010, Defendant high school student and her twin sister were in their mother’s 2000 Toyota Camry on the way home from visiting friends.  Defendant exited I-85 toward Flat Shoals Road behind Plaintiff, a substitute school teacher who was driving her 1986 Mercedes.  Both vehicles approached the intersection of the exit ramp and Flat Shoals, where there was a Yield sign for right turning drivers.  Plaintiff came to a complete stop before turning right and Defendant stopped behind her.  When traffic cleared on Flat Shoals, Plaintiff started to make her right turn, as did the Defendant.  Suddenly, for no apparent reason, Plaintiff stopped again.  Defendant was unable to stop quickly enough on the wet pavement and she rear-ended Plaintiff's vehicle.  Defendant was charged with following too closely.

Plaintiff claimed neck, back, and shoulder injuries.  The defense contested liability and strongly disputed that any injuries were caused by the relatively light impact.  Additionally, we argued that the evidence suggested that Plaintiff’s medical care had been dictated by her lawyers, rather than out of any real need for treatment.  The jury agreed and returned a verdict in favor of the Defendant in less than an hour.
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