Defense Verdict Results in No Exposure and Judgment in Favor of Carrier Client
Defense Verdict – Blair Cash and Jason Hammer successfully defended their insurance company client during a jury trial in the State Court of Fulton County. The Defendant’s liability insurer paid its policy limits of $25,000.00 before suit was filed and our firm represented Plaintiff’s underinsured motorist carrier. The Defendant rear-ended the Plaintiff at a high rate of speed, totaling both vehicles involved in the accident, and pled guilty to DUI, fleeing the scene, and child endangerment. In pre-trial motions, Mr. Cash and Mr. Hammer successfully excluded all evidence regarding allegations of DUI, fleeing the scene, or child endangerment. The Plaintiff was a 21 year old woman who had sustained two bulging discs and one herniated disc in her neck as a result of the accident. At trial, we defended the case in the name of the Defendant and admitted negligence and proximate cause, arguing only that the Plaintiff’s claimed damages were not supported by the evidence. The Plaintiff submitted $16,000.00 in undisputed medical bills. The defense successfully challenged the Plaintiff’s damages, arguing her attorney-referred treatment, gaps in treatment, and alleged limitations since the accident did not support a significant award of pain and suffering. In closing, the Plaintiff asked the jury to award $151,500.00. For the defense, Mr. Cash argued the evidence supported an award of $22,819.00, which was less than the amount already paid by the liability carrier. After approximately one and a half hours of deliberation, the jury awarded the exact amount suggested by Mr. Cash – $22,819.00 — which resulted in no underinsured motorist exposure and a judgment in favor of the carrier. Prior to trial, the Plaintiff rejected an offer of $15,000.00 from our client and actually increased her demand from $25,000.00 to $90,000.00 over the course of the litigation.
Jason W. Hammer is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Atlanta, Georgia, where he practices primarily in general liability litigation, including everything from basic car wrecks to complex wrongful death cases. Jason can be reached at jhammer@luederlaw.com.
Blair J. Cash is an associate in the Alpharetta office of Lueder, Larkin & Hunter where his practice focuses on general liability defense and litigation. Blair can be reached at bcash@luederlaw.com.