On August 24, 2017, our client was driving home from dinner in Rome, GA when another driver coming from the opposite direction ran a red light and turned left into her car. His car hit our client’s car on the driver’s side door, causing her to spin out of control and off the roadway. Our client was stuck in her car. The fire department had to use the jaws of life to open her door. She was taken by ambulance to the hospital where she was diagnosed with a bruised spleen. She did not report any other symptoms at that time. She was discharged the next day with prescription pain killers and instructions to follow up with her primary care doctor.
A week later she had a follow up with her PCP. She only reported the pain in her side from the bruised spleen. In subsequent follow up visits over the next few weeks with her PCP, the spleen doc, and a chiro, she did not report any problems with her left foot. On October 10th, she had an appointment with a podiatrist. This was the first mention of left foot pain. An x-ray showed she had a small stress fracture in her second toe. The toe healed poorly and caused a deformity in her second toe that required surgery to correct. After our client’s last visit with the podiatrist in early 2018 for surgical follow up, she had four visits for her toe with various providers from then until the time of trial.
Our client’s total medical bills were $47K. She missed three weeks of work but we did not claim lost wages (she earned ok money in her job at Berry College but we didn’t want the jury hearing how much she made). State Farm had a $50K liability policy that they paid. Our client had $250K in add-on UM with Encompass. The most Encompass offered was a few thousand dollars because they said she didn’t break her toe in the wreck based on the absence of complaints for six weeks.
Darl Champion tried the case in Floyd County over two days before Judge Walter Matthews, a Senior Judge. Drew Curtright at Downey & Cleveland defended. The Champion Firm team called four live witnesses and two by video deposition. The live witnesses were two friends, the husband, and our client. The two depositions were an eyewitness to the wreck and the treating podiatrist.
The defense asked the jury to award $41,000. We asked for $647,000. The jury deliberated for an hour and a half and returned a $347,000 verdict on Tuesday, July 26 2022. No matter what it may take, getting our clients the result they deserve is our top priority at The Champion Firm.
ABOUT THE CHAMPION FIRM:
Started in 2014, The Champion Firm is a top-rated, full-service Atlanta personal injury firm specializing in motor vehicle accidents, premises liability, wrongful death, and medical malpractice. Led by Attorney Darl Champion, The Champion Firm team has successfully litigated and settled over $90 million for clients all across Georgia. No case is too big or too small for us to review – and consultations are always free.
$17 Million | Wrongful Death
$10.2 Million | Motor Vehicle Accident
$3 Million | Premises Liability
$2.8 Million | Medical Malpractice
$1.3 Million | Trucking Accident