MKB Obtains de fact Defense Verdict in Hall County When Jury Returns Only $25,000 Award and Triggers Defendants' Claim for Attorneys' Fees Pursuant to OCGA 9-11-68
Zach Matthews
Luke Kennedy
McMickle, Kurey & Branch, LLP partners Zach Matthews and Luke Kennedy obtained a de facto defense verdict in an admitted liability truck wreck case in Hall County State Court before Judge Amy Robertson (Misty Crawford v. Chastain Janitorial Services, et al). The case involved a low-speed bumper tap rear end accident involving a commercial motor vehicle. At trial, Plaintiff claimed $130k in medical special damages predominantly related to a lumbar surgery. MKB’s attorneys showed at trial that Plaintiff had been recommended the exact same surgery prior to the subject accident as well as demonstrated multiple credibility concerns with Plaintiff. In closing arguments, Plaintiff’s counsel, Morgan & Morgan, asked the jury for $700k. The jury only awarded Plaintiff $25k which triggered Defendants’ prior OCGA 9-11-68 Offer of Settlement, resulting in Plaintiff owing more than the $25k awarded in defense counsel’s attorneys’ fees to Defendants’ insurer, Federated Mutual Insurance Company.