Georgia Verdicts

Amount:

$2,800,000

Type:

Verdict-Plaintiff

State:

Georgia

Venue:

DeKalb County

Court:

DeKalb County, State Court

Injury Type(s):

Case Type:

Motor Vehicle – Truck, Rear-ender, Tractor-Trailer; Worker/Workplace Negligence – Negligent Maintenance

Case Name:

Johnny Parks and Carolyn Parks v. Jessie R. Arnold and Atlanta Dealer Trades, Inc.,
No. 12A43109

Date:

December 19, 2013

Plaintiff(s):

Johnny Parks (Male, 48 Years), 

Carolyn Parks (Female, 48 Years)

Plaintiff Attorney(s):

Andrew C. Ausband;
The Ausband Firm;
Stockbridge,
GA,
for
Johnny Parks, Carolyn Parks ■ Milton F. Eisenberg II;
Dan Chapman & Associates, LLC;
Conyers,
GA,
for
Johnny Parks, Carolyn Parks

Plaintiff Expert(s):

Philip Ploska;
M.D.;
Orthopedics;
McDonough,
GA called by
Andrew C. Ausband, Milton F. Eisenberg II

Defendant(s):

Jessie R. Arnold, 

Atlanta Dealer Trades Inc.

Defense Attorney(s):

Adam H. Long;
Eraclides Gelman Hall Indek Goodman & Waters, LLC;
Lawrenceville,
GA,
for
Jessie R. Arnold, Atlanta Dealer Trades Inc.

Defendant Expert(s):

Lee Kelley;
Orthopedics;
Peachtree,
GA called by
Adam H. Long

Insurer(s):

Accident Insurance Company for Arnold and Atlanta Dealer Trades

Plaintiff Johnny Parks, a tractor-trailer driver, and Carolyn Parks, disabled, both of whom were in their late 40s, were passengers in a Chevy pickup truck traveling in heavy traffic on I-85. Their vehicle was struck from behind by a tractor-trailer driven by defendant Jessie R. Arnold and owned by Arnold’s employer, defendant Atlanta Dealer Trades Inc. The accident occurred when the brake system on defendants’ truck allegedly failed. The tractor-trailer hit the pickup truck in the rear, and then sideswiped another vehicle before hitting a pedestrian. The pedestrian was a Department of Transportation employee who was clearing a tire from the lanes of traffic. Mr. Parks claimed cervical and lumbar disc herniations; Mrs. Parks claimed a lumbar disc herniation and a sacroiliac joint injury. The Parks sued Arnold and Atlanta Dealer Trades for negligence. Plaintiffs alleged that the defendants failed to properly maintain the truck. They asserted that the DOT inspection of the truck at the accident scene found several DOT violations and the inspection also found 6 of the 10 brakes out of adjustment. Two passengers in the other vehicle struck by the truck were injured and pursued claims against the same defendants, as did the pedestrian who was hit. They settled their claims with defendants for confidential amounts. Defendants contended that the brakes failed due to a crack in a valve and that the truck lost all air pressure in the brake lines.

The Parks sought emergency treatment, followed by chiropractic care. Mr. Parks then sought orthopedic treatment and was diagnosed with multi-level cervical disc herniations and a lumbar disc herniation. He underwent a four-level cervical fusion two years post-accident. Future cervical and lumbar fusions were anticipated. Mrs. Parks was diagnosed with a lumbar disc herniation and a sacroiliac joint injury. She ultimately underwent an S1-joint fusion in her pelvis two and a half years post-accident. Future lumbar fusion was anticipated. Plaintiffs claimed a total of $750,000 in medicals, plus damages for pain and suffering and punitive damages Defendants contended that the plaintiffs treated with a chiropractor and began seeing their own orthopedic doctors upon referral by their attorney. Also, defendants argued that the plaintiffs’ injuries occurred several years prior to the subject accident and those prior injuries were the cause of the surgeries performed after the accident. Defendants suggested that the jury award $55,000 to the plaintiffs for their chiropractic care only.

The jury returned a general verdict of $2.8 million and the court awarded plaintiffs an additional $400,000 in attorney’s fees for bad faith. The plaintiffs withdrew their claim for punitive damages at trial when the jury was hung on that issue. After trial, plaintiffs’ counsel spoke to a number of jurors, who said they were deadlocked 11-1 on awarding more than $1 million in punitive damages.

Actual Award:

$3,200,000

Judge:

Dax E. Lopez

Demand:

$1 million (both plaintiffs)

Offer:

$286,000 (both plaintiffs)

Trial Length:

3
 days

Trial Deliberations:

12
 hours

Jury Vote:

12-0

Post Trial:

Defendants were expected to appeal the verdict.

This report is based on information that was provided by plaintiffs’ and defense counsel.