Mr. J was driving to work when a pickup truck slammed into the back of his car. The wreck tore his rotator cuff and bicep tendon, and he required surgery. BBGA attorneys, including Alex Hughes, filed suit and prepared the case for trial and secured a $300,000 settlement for Mr. J. The settlement was nearly four times Mr. J’s medical bills, which were $80,000.
The Crash
Mr. J was traveling west on Highway 316 in Gwinnett County. The defendant, who was working at the time of the wreck, was driving immediately behind Mr. J. When Mr. J slowed down because of traffic, the defendant, who was following too closely and on his cell phone, slammed into the rear-end of Mr. J’s car. The driver of the pickup was cited at the scene by police for following too closely.
Crash Causes Neck, Back, and Shoulder Injuries
After the wreck, Mr. J was lightheaded, disoriented, nauseated, and heard ringing and buzzing in his ears. Doctors diagnosed Mr. J with a shoulder dislocation, total rotator cuff tear, and bicep tendon injuries, and testified that the crash caused his injuries.
Mr. J underwent surgery for a dislocated shoulder, a rotator cuff repair, and a bicep tendon release. While the surgery went well and Mr. J made a good recovery, he continues to have pain in his shoulder and suffers from limited range of motion, which has affected his active lifestyle.
Motion for Sanctions
BBGA filed a motion for sanctions that proved the defendant provided false discovery responses and failed to preserve evidence. On the day of the wreck, the driver sent an email to his employer stating that he was “at fault” for the wreck, but the company responded to plaintiff’s discovery stating that no such email existed. The company only produced the email after the driver testified about it in his deposition. Secondly, the employer failed to preserve the company cell phone the defendant was using on the day of the wreck, despite our firm sending a letter specifically requesting the cell phone be preserved.
Settlement
While the motion for sanctions was pending, the defense agreed to settle with Mr. J for $300,000. We are pleased to have helped Mr. J with his case and we wish him the best in his recovery.
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