James Merritt (Atlanta) (Automobile Liability) obtained a complete Defense Verdict in plaintiff-friendly Dekalb County, GA. This was a disputed liability accident involving a motor vehicle operated by Plaintiff Robain, and motorcycle operated by Defendant Espinal-Walker. The accident occurred on I-20 near the Six Flags exit. Plaintiff alleged he was maintaining his lane of travel, when unexpectedly, the Defendant ran into the back of his vehicle, causing injuries to his neck and back which required hospitalization and physical therapy treatment. The Defendant alleged Plaintiff failed to maintain his lane, and swerved into her lane of travel, causing the impact. The reporting officer found the Defendant to be at-fault for the accident and gave her a citation.
Prior to trial, the Defense was successful in moving to exclude 1) the citation, because the Defendant did not plead guilty and it was adjudicated on the merits, and 2) the conclusions of the reporting officer, because they were based on inadmissible hearsay. Ultimately, the Jury felt the Plaintiff did not meet his burden of proof and returned a verdict of no negligence after only an hour of deliberation.