Verdicts Hinton v. Rosa Ann Fears

Zack B. Hinton, Jr v. Rosa Ann Fears, Superior Court of Butts County, Civil Action File No. 99-V-602

Liability Facts: The Plaintiff was injured when the Defendant failed to stop at a stop sign at the bottom of an exit ramp, causing a side impact collision. The Plaintiff’s SUV subsequently rolled over. The Plaintiff was not belted.

CT scans initially revealed that the Plaintiff had a fractured skull and he was taken to Emory where he was placed in intensive care. He remained in intensive care for five days. Plaintiff had no sense of smell following the accident and complained of mild cognitive losses secondary to the closed-head injury.

Plaintiff was self-employed and had missed approximately two months of work as a result of injuries. The Glasgow Coma Scale and subsequent neuropsychiatric evaluations did not support severe cognitive deficit. The Defendant had the minimum insurance limits under Georgia Law. Plaintiff settled with the Defendant for the policy limits and filed a UM claim.

Defendant did not contest liability. Defendant contested the extent of damages. Plaintiff’s loss of smell was a significant issue. Plaintiff settled with the UM carrier prior to trial.

Injury Facts:Closed head injuries secondary to automobile accident.

Medical Expenses: $45,000.00
Future Medical: Not applicable
Medical Expert: Thomas Hedaya, M.D. ER Physicians at Henry Medical Center ICU Physicians at Emory
Offer/Demand: $150,000.00/$450,000.00
Verdict/Settlement: Plaintiff settled with the Defendant for policy limits, which was the minimum under Georgia law. Plaintiff settled with the UM carrier prior to trial for $174,000.00.

Plaintiff’s Attorney: Andrew C. Ausband, Ausband & Farr, P.C., Atlanta/Stockbridge, Georgia
Defendant’s Attorney: William McKenzie Dallas, III, Beck, Owen & Murray, Griffin, Georgia