DESPITE TESTIMONY OF DOCTOR, JURY DELIVERS EXCELLENT VERDICT

September 2017- In an admitted liability case, in which the Plaintiffs sought to recover past medical expenses, lost wages and pain and suffering damages from a Gwinnett County jury, attorney Nik Makarenko, Jr., was able to obtain a Judgment against his client that was less than the pre-trial settlement offers. Producing their treating physician live to trial, who related all of their injuries and treatment to this car wreck, the Plaintiffs requested in excess of $206,000 and $95,000 from the jury.  The jury deliberated for about 2.5 hours before returning verdicts in the amounts of $16,100 and $10,800.    

 

Lowry v. Cochran

Lowry v. Cochran, 305 Ga.App. 240, 699 S.E.2d 325 (2010):

Although the Georgia Court of Appeals declined to find that skydiving was an inherently dangerous activity in this matter of first impression in Georgia, because the skydiver was unable to present evidence that the injuries he sustained resulted from colliding with a spectator rather than his inevitable impact with the ground during a crash landing after his parachute malfunctioned, the spectator was entitled to judgment as a matter of law on the skydiver’s personal injury suit against her.

Assigned attorneys: Paul L. Groth, Esq. & Laura Danielle Johnson, Esq.

Stoddard v. Greenberg

Ga. App. A12A0182 (April 25, 2012)
The case involved a three-vehicle motor vehicle accident.

O’Hara v. Gilmore

O’Hara v. Gilmore, Ga. App. A11A0075 (July 7, 2011):

The Georgia Court of Appeals ruled that the plaintiff’s failure to perfect service of process upon the defendant driver within the statute of limitations, and the resulting dismissal of the plaintiff’s Complaint against her for lack of personal jurisdiction over the defendant driver, precluded maintaining a claim against the defendant parents of the driver under the Family Purpose Doctrine because liability of the parents would be derivative of the liability of the driver. Since a valid judgment could not be entered against the driver, a valid judgment holding the parents vicariously liable for the negligence of the driver cannot be entered as a matter of law.

Assigned attorneys: Nikolai Makarenko, Jr., Esq. & Laura Danielle Johnson, Esq.

Kilgore v. Stewart

Kilgore v. Stewart, Ga. App. A10A1089 (November 17, 2010):

The Georgia Court of Appeals ruled that the plaintiff’s failure to obtain the trial court’s approval of his attempts to unilaterally dismiss individual defendants in the original suit, prior to filing a purported renewal suit under O.C.G.A. § 9-2-61, required dismissal of the second suit. Pursuant to O.C.G.A. § 9-11-21, a plaintiff cannot dismiss less than all defendants without approval of the trial court. Until such approval is granted, a plaintiff’s attempts to do so are null and void. Accordingly, any attempt to file a renewal suit under O.C.G.A. § 9-2-61 violates the procedural requirement that the original action be validly dismissed without prejudice prior to filing a second action.

Assigned attorneys: Nikolai Makarenko, Jr., Esq. & Laura Danielle Johnson, Esq.

Shin v. Camacho

Shin v. Camacho, 302 Ga.App. 243, 690 S.E.2d 444 (2010):

The Georgia Court of Appeals ruled that the Georgia Dram Shop Act does not impose liability upon a social host for injuries to a third person arising out of a guest’s operation of a motor vehicle while under the influence of alcohol where the host does not supply or serve alcohol to the guest after the guest becomes noticeably intoxicated.

Assigned attorneys: Paul L. Groth, Esq. & Laura Danielle Johnson, Esq.