Defense Verdict - Jason Hammer and his associate, Lewis Glenn, represented the Defendant in a case arising out of 2017 motor vehicle accident, in which the Defendant admittedly failed to yield while turning left in front of the Plaintiff. The collision was significant and the Plaintiff’s head shattered the windshield of his vehicle. The Plaintiff was transported to the emergency room by ambulance where he underwent diagnostic testing and was discharged. Fortunately, his only injury was a contusion / laceration to the side of his head. However, Plaintiff claimed he suffered a mild traumatic brain injury resulting in permanent cognitive impairment, which Plaintiff supported with two neuropsychological evaluations. Mr. Hammer argued that although the Plaintiff admittedly suffered a mild concussion as a result of the accident, any cognitive impairment evidenced by the evaluations was consistent with Plaintiff’s pre-loss cognitive function and scholastic performance and more likely attributable to his pre-existing ADHD diagnosis than the accident. The last pre-trial demand was $1,750,000 and the last offer was $50,000.

During the 3-day trial in Cobb County State Court Plaintiff called numerous “before and after” witness, as well as the neuropsychologist who performed the evaluations. The defense rebutted with the defendant’s testimony, as well as their own neuropsychologist who opined on the raw testing data from Plaintiff’s expert’s evaluations. In closing arguments, Plaintiff asked the jury to return a verdict of $3,000,000 and Mr. Hammer argued a verdict of $25,000 was fair, assuming the Plaintiff had met his burden of proof. After about 3 hours of deliberations the jury returned a defense verdict. A nominal post-judgment settlement resolved any motion for new trial arguments and/or appellate issues.