McMickle, Kurey & Branch, LLP partners Scott McMickle and Matt Sessions obtained a de facto defense verdict in an admitted liability truck wreck case in the United States District Court for the Northern District of Georgia before Judge Charles Pannell. Defendants uncovered significant evidence of bias, intent, and motive of Plaintiff’s post-accident medical provider, Spine Center Atlanta (“SCA”), including communications showing that the Plaintiff was referred to SCA by his attorneys, Witherite Law Group, and that SCA specifically asked the Witherite for permission prior to performing medical procedures on the Plaintiff. Defendants also possessed evidence that the Witherite had referred hundreds patients to SCA in a three-year period worth over millions of dollars in medical bills.

Despite these significant causation and credibility issues, Plaintiff pushed the case to trial.  At trial, Plaintiffs sought roughly $8,000,000 for Mr. Lowe’s pain and suffering related to an alleged back injury requiring the surgical implant of a spinal stimulator and Mrs. Lowe’s loss of consortium claim. Defendants mounted a vigorous causation defense incorporating the points discussed above, and the jury awarded Plaintiff Steven Lowe a total of $5,000 for his pain and suffering and $0.00 to Mrs. Lowe for loss of consortium. This triggered Defendants’ prior OCGA 9-11-68 Offer of Settlement, resulting in Plaintiff owing attorneys’ fees of more than $140k to Defendants’ insurer, County Hall Insurance Company.