Radford v. Womack Paving
Plaintiff walks away from potential $300,000 settlement; recovers $21,987.88 at trial
Facts: HCF’s clients were Womack Paving and its driver, Darryl Ussery. Mr. Ussery was operating a heavy dump truck as he was preparing to turn left onto Hwy. 41 south of Macon, GA. Plaintiff (a passenger in a Dodge Neon) was traveling north on Hwy. 41 when Mr. Ussery turned into her path of travel. Defendants admitted that their negligence was the cause of the accident.
Plaintiff alleged that, as a result of this accident, she injured her lower back and had to undergo cage fusion surgery at the L4/5 and L5/S1 levels of her lower back. However, defense counsel presented evidence on cross examination at trial that the surgery on the lower back was actually caused by a subsequent on-the-job injury.
Alleged injury/damages: Disc herniations and cage fusion surgery at the L4/5 and L5/S1 levels of the lower back. Plaintiff presented total medical expenses of just under $144,000. Plaintiff claimed lost income of $9,753.60
Last offer/Last demand: Plaintiff walked out of mediation demanding $900,000. Defendants’ offer at that time was $100,000, but Defendants would have offered up to $300,000 to resolve the case at mediation if Plaintiff would have continued to negotiate in good faith.
Result: $21,987.88 verdict for Plaintiff
Court: Superior Court of Jones County, Georgia
Attorneys: Richie Foster and Zach Matthews for Defendants; Adam Deaver of Kenneth Nugent, PC for plaintiff.