Tucker v. Smith, Case no. CE17-00846.

James Merritt, Jr. (Atlanta, GA) (Commercial Auto). This claim is a personal injury case arising from an automobile accident in which the Plaintiff’s vehicle was totaled and our client admitted sole negligence in causing the accident. The Plaintiff claimed orthopedic spinal injuries which led to multiple surgical procedures including implantation of a spinal cord stimulator. The Plaintiff also claimed to have had an allergic reaction to a pain medication he was taking for his injuries, which he claimed caused his kidney disease to progress to stage-4 failure, requiring dialysis and necessitating a transplant. In total, the Plaintiff alleged around $750,000 in total special damages and claimed permanent injuries and disabilities from the accident, as well as a permanent loss of future income. Our client’s insurer had two policies which combined to provide $1.1 million in total liability coverage, yet they rejected the Plaintiff’s $1.1 million policy-limits demand. Prior to trial, the defense offered up to $750,000 to settle the case, but that offer was rejected with Plaintiff counsel saying his client wouldn’t settle the case now even $1 million was offered. Plaintiff’s counsel was a very experienced and well-known trial lawyer in this part of southern Georgia, having tried over 500 cases in this very court. The Defendant testified at trial and took complete responsibility for causing the accident, but explained that the property damage was not as bad as the photos looked. After a 1-week jury trial in the Superior Court of Glynn County, Plaintiff asked for a total verdict of over $10,000,000.00 in closing argument. In closing arguments, Mr. Merritt suggested that a total verdict of between $30,000 – $50,000 would be more reasonable and fair. After deliberating for only about 30 minutes – 15 minutes of which was spent selecting a foreperson – the jury returned a total verdict of only $2,500.00, including $0 for pain and suffering and $0 for the Plaintiff’s extensive kidney injuries and treatment. Plaintiff filed a motion for a new trial, but the trial court subsequently denied that motion as well.