The Verdict
On December 11, 2015, Attorney Joel Williams and his co-counsel, Alan Hamilton of Shiver Hamilton, secured a $1,975,000.00 verdict in the State Court of Fulton County in favor of their client who was hit by a forklift. The verdict came on the heels of a one week trial where the defense denied both liability and causation. The case was Daniel Jones v. RD America, LLC d/b/a Restaurant Depot, Civil Action No. 14EV001101D.
The Plaintiff’s Case
The forklift collision occurred when Plaintiff was buying supplies for his store at a Restaurant Depot in Atlanta. As Plaintiff stood on an aisle looking at cleaning supplies, a Restaurant Depot employee backed a forklift into him causing Plaintiff to fall over his flatbed shopping cart. As Plaintiff fell, the back of his head and neck stuck some steel shelving resulting in a cervical disk herniation. The Plaintiff declined medical treatment at the scene but went to the emergency room later that afternoon with complaints of neck, back, and radiating arm pain. Medical treatment included physical therapy, epidural steroid injections, and a one-level cervical fusion surgery. At the time of trial, past medical expenses were just over $184,000.00.
The Defense
The defense presented the testimony of two of Defendant’s former employees who claimed that the forklift never hit the Plaintiff. At most, the defense claimed, the forklift hit the Plaintiff’s shopping cart. The defense noted that Plaintiff did not report neck pain at the scene and walked out of the store and returned to work. The defense also claimed that Plaintiff’s pain was caused by arthritis, a degenerative condition that progresses with age. To support this theory, the defense hired an orthopedic surgeon who testified that the cervical damage was all degenerative and not caused by trauma. The jury did not buy this defense because, as Plaintiff’s orthopedic surgeon testified, the Plaintiff never needed treatment for neck pain prior to the day he was hit by the forklift.
Ultimately, the jury rejected the defenses’ denials and found in favor of the Plaintiff. Attorneys Joel Williams and Alan Hamilton were able to show material inconsistencies in the testimony of the defense witnesses. They were also able to show that the Defendant’s practice of operating forklifts in and around customers without any warnings or barriers was inherently dangerous. https://www.osha.gov/SLTC/poweredindustrialtrucks/hazards_solutions.html
Importance of Preserving Evidence
Throughout the case, the defense claimed there was no surveillance video of the incident because there was no camera in the store “facing the direction” of the aisle where it happened. Just before trial, on a hunch, we sent someone out to “trust but verify.” Sure enough, there was a camera mounted on the wall that was facing the direction of the aisle where the incident occurred. We believe this key contradiction, along with the fact the video was not preserved from the day of the incident, was detrimental to the corporate defendant’s story of what really happened that day.
The Jury
The jury began deliberations on Thursday, December 10, 2015 at approximately 5:00 p.m. and deliberated about an hour before going home. They returned the following day and returned a $1,975,000.00 Plaintiff’s verdict. The verdict was nearly 10x the highest offer made by the defense prior to trial and was a reminder of the vital role juries play in our civil justice system. The jury took their job seriously and provided long awaited vindication for a very deserving client.
