Brian Guter recently obtained a favorable result in April 2023 for a client following a jury trial in Thomas County, Georgia. His client’s policy limits were rejected by the Plaintiff and the case proceeded to trial with the Plaintiff alleging that an admitted liability parking lot accident led to a cervical fusion surgery with a complicated recovery and medical bills that were 4 times higher than the insurance coverage.
At trial, Brian successfully established that this was a relatively minor impact and that the Plaintiff’s initial complaints were inconsistent with his complaints that ultimately led to the neck surgery. In addition, Brian argued that the findings noted in the surgeon’s operative note were actually present on a 2005 cervical MRI. After less than 30 minutes of deliberations, the jury returned a verdict for less than what the defense had suggested they award the Plaintiff. Due to a long-expired offer to settle with a fee trigger, the Plaintiff dismissed the suit, resulting in no judgment being entered against Brian’s client.