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Partner Jim Devine obtained a defense verdict in favor of a client sued for negligence as a result of a rear-end collision, allegedly causing a whiplash injury with medical bills in excess of $20,000. Mr. Devine’s client, who was 88 years old at the time of the accident, did strike the back end of the plaintiff’s vehicle, but claimed that she was driving carefully and that her foot slipped off the brake. She claimed that it was a minor impact. The plaintiff claimed that the impact was severe enough to throw her forward and back, causing a whiplash injury to her neck and back.
The jury accepted Mr. Devine’s argument that the physical evidence confirmed that his client was driving with ordinary care as required by law and that the plaintiff was exaggerating her injuries. The case was tried in DeKalb County before Judge Bradley Waller from February 25-26, 2019. The plaintiff asked the jury to award $70,000 in damages. The jury deliberated for approximately 30 minutes and returned a verdict for Mr. Devine’s client, refusing to award the plaintiff any damages.
Mr. Devine is a partner in the firm’s litigation group, concentrating his practice in personal injury litigation. To schedule a consultation, contact Mr. Devine at 815-987-8909 or jdevine@wilmac.com.
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