In May 2018, Attorney Joe Kaiser joined Groth & Makarenko. Joe came to Groth & Makarenko after working in-house at one of the largest insurers in the country. Prior to that, he served as a prosecutor and brings 14 years of experience in criminal and civil litigation to Groth & Makarenko. Joe has extensive first-chair jury trial experience. Joe and his wife Kimberly have two children, Vivian and Jack, and live in Dunwoody, Georgia.
To read more about Joe, please click here.
Attorney Joe Kaiser joins Groth & Makarenko
March 6-7, 2018- The Plaintiff alleged a low back injury after a rear impact collision in 2014, while his wife alleged loss of consortium. The Plaintiff admitted he had prior low back pain in 2011 and 2012, but that his pain had completely resolved in 2012. He alleged the 2014 collision caused a new onset of low back pain, from which he continues to suffer.
The Plaintiffs presented an expert treating physician who testified, after comparing a 2011 MRI and 2015 MRI, that there was a significant enlargement of herniation at L3-L4 and that the Plaintiff’s low back pain was a case of aggravated herniation and was caused by the collision.
The Defendant’s counsel, Attorney Jay Eidex argued that the changes in the Plaintiff’s MRIs were a result of the degenerative process. This was based on the fact that the Plaintiff had evidence of pre-existing arthritis in the 2011 MRI and the only change from the 2011 MRI to the 2015 MRI was the enlargement of herniation at L3-4. Attorney Eidex presented an expert who had reviewed the Plaintiff’s MRI films from before and after the collision and testified to this effect.
The Jury deliberated for an hour and a half and returned with a verdict in favor of the Defendant and returned no money to the Plaintiffs.
November 2017 – State Court of Hall County
Claiming medical injuries to the ulnar nerve in the elbow and median nerve in the wrist were a result of an automobile accident with the Defendant, the Plaintiff presented a Hall County jury with a request for reimbursement of $71,140.00 in medical bills plus a multiple of that amount for pain and suffering.
The Plaintiff introduced deposition testimony of his surgeon who had performed surgeries on both areas for nerve entrapment. An additional rotator cuff surgery was performed about 1 ½ years later
Defense attorney Paul Groth took the evidentiary deposition of Dr. Daniel Cobb of Gainesville Neurology, EMG, who concluded ulnar entrapment around the left elbow, moderate to severe and mild to moderate ulnar and median neuropathy at the wrist. However, Attorney Groth argued that Diabetes (which the plaintiff had) could be an explanation for the neuropathies, as it is the most common, non-trauma cause for the condition. Dr. Cobb and the jury agreed.
Deliberating for less than 2 hours, the jury returned a verdict in the amount of $2,066.00 – the amount of the ER bill.
October 14, 2017 –The Defendant, who was working at the time, fell asleep at the wheel, and after striking the Plaintiff’s truck, the vehicle flipped several times. The Plaintiff, who was a front seat passenger, claimed injuries to his neck and back. Ultimately Plaintiff underwent surgery to his back, accruing past medical expenses in excess of $324,000. The Plaintiff’s employer, family members and treating physician testified that his injuries were due to this car accident. Specifically, Dr. Armin Oskouei testified that the Plaintiff’s herniated disc in his low back was due to this car accident, and that he had performed surgery to correct the problem. Defense counsel, Nik Makarenko, Jr., retained a physician to review the Plaintiff’s scan, who ultimately testified that the surgery was not due to the car wreck. Following 6 hours of deliberations to consider the Plaintiff’s request to award past medical expenses, and an additional $400,000 in pain and suffering damages against the Defendants, a Henry County jury secured a verdict in the amount of $123,000. The verdict represented medical expenses prior to the treatment with Dr. Oskouei and some amount for pain and suffering.
July 2017 – Attorney Nik Makarenko was successful in defeating a Plaintiff’s claims that her neck and back surgeries were due to a car accident with his client. Requesting that the the jury award her between $2.4 to $3.8 million dollars for her damages, the Plaintiff presented 7 before and after witnesses, including family members, co-workers, and friends. She testified to and presented two doctors, Dr. Pollydore and Dr. Chappius via video deposition, relating her injuries to the accident. Dr. Chappius performed surgery to her neck, and thereafter performed surgery on her back. The Plaintiff presented past medical bills of approximately $243,000. Attorney Makarenko argued that the need for surgery was not due to this wreck, having a doctor testify on behalf of the Defendant. The Gwinnett County jury deliberated about 5.5 hours before returning a verdict of $30,750.