CIVIL JURY VERDICT REPORT
PLAINTIFF: Jessica H. Smith
DEFENDANTS: Katrina A. Partee
and John Doe
CIVIL ACTION NO.:
63663
JUDGE: William P. Adams
TYPE OF CASE:
Motor Vehicle Collision,
TRIAL DATE:
VERDICT: Plaintiff for $35,642.88, broken down as
follows: $8,710.88 for Medical Expenses, $4,312.00 for Lost Income, $22,620.00 for
Pain and Suffering, with fault allocated 90% to Defendant Partee
and 10% to Defendant Doe
CLAIMED MEDICAL EXPENSES:
$8,710.88
CLAIMED LOST INCOME:
$4,312.00
INSURANCE CARRIERS: Allstate Insurance Company and Progressive
Max Insurance Company
LAST PRE TRIAL
OFFER/DEMAND: $11,250.00/$25,000.00
PLAINTIFF’S ATTORNEYS:
George O. Haskell, IV and Anthony Kalka
DEFENDANTS’ ATTORNEYS: Defendant Partee/Sonja
Profit, Defendant Doe/ Randy Howard
OTHER INFORMATION:
This motor vehicle collision
happened on Interstate 75 South where Interstate 16 merges into I-75. Plaintiff was traveling on I-75. Defendant Partee
was traveling on I-16 merging into I-75.
Defendant Partee lost control of her vehicle
and went into Plaintiff’s lane of travel where a collision occurred. Defendant Partee’s
vehicle then struck another unrelated vehicle before bouncing back across the
interstate for a second collision with Plaintiff. Defendant Partee
testified her car was struck first by a John Doe driver and this caused her to
lose control of her vehicle leading to the collisions. Plaintiff and two other eye witnesses
testified they did not see the John Doe vehicle. Plaintiff went to an emergency room the day
after the accident and then followed up with a chiropractor for several months
of treatment. She was later checked out
by an orthopedic surgeon and a neurologist but their diagnostic tests did not
reveal any other problems. Plaintiff’s
case consisted of her own testimony, the testimony of the investigating police
officer, the testimony of an eye witness, the testimony of her sister who was
also an eye witness, the testimony of her husband, and the live testimony of
Dr. Jay Cranford, her treating chiropractor.
Defendant Partee testified in her own
behalf. The jury deliberated about one
hour and twenty minutes before reaching its verdict. This case arose after the 2005 tort reform
bill so under O.C.G.A. § 51-12-33(b), the jury was asked to allocate fault on
their finding that both defendants were at fault. Plaintiff had $50,000.00 in uninsured
motorist coverage with Progressive.
Allstate had $25,000.00 in liability insurance. Progressive had also paid $5,000.00 in med
pay benefits to Plaintiff. Judgments
were entered against the respective defendants based on the allocation of fault
as applied to the total award, with the attorneys then taking on the task of
calculating how much Progressive would be required to pay.