Martha Donaldson vs. Robert Myers
Case Background
On March 2, 2023, Plaintiff Martha Donaldson filed a Car Accident lawsuit in the Georgia State, State Court of Paulding County (Case number: 23-SV-000066). Judge Angela O’Conor presided over the case.
Cause
On June 1, 2021, a traffic accident occurred on Pine Valley Road near Hall Road in Paulding County, Georgia. Martha Donaldson, a 55-year-old resident of Cobb County, was driving eastbound. Robert Myers, a resident of Paulding County, was driving behind Donaldson’s vehicle in the same direction. As they approached the intersection with Hall Road, Myers failed to maintain a safe following distance and rear-ended Donaldson’s car, causing a significant collision. The accident was attributed to Myers’ failure to properly watch for other vehicles and his negligent following distance, which violated O.C.G.A. §40-6-49, Georgia’s law requiring safe following distances. The collision occurred in broad daylight, and no extenuating circumstances, such as poor weather, contributed to the crash.
Injuries
As a result of Myers’ negligence, Donaldson suffered injuries. While the exact nature and extent of her injuries were not detailed in the complaint, she experienced pain and suffering that impacted her quality of life.
Damages
Donaldson incurred medical expenses due to the accident, though the exact amount was not specified. She also may face future medical costs. The collision reduced her ability to work, labor, and earn money, resulting in lost wages. At 55 years old, with a life expectancy of 26.33 years, she argued for long-term effects on her earning capacity. She sought compensation for special and general damages, including medical expenses, lost wages, pain and suffering, and diminished earning capacity.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Martha Donaldson
- Counsel for Plaintiff: Chase Swanson | Andrew W. Jones
- Defendant(s):Robert Myers
- Counsel for Defendants: Bailey Armstrong | Davis Lackey
Key Arguments or Remarks by Counsel
In closing, Counsel for Plaintiff argued that the Defendant should take full responsibility for the injuries he caused to Plaintiff and asked the jury to award $650,000. The defense asked the jury to award $21,000, which accounted for the Plaintiff’s first emergency room visit only. After deliberating for 2 hours, the jury returned a verdict of $92,500, well less than the amount Plaintiff sought and an amount that represents 1.25 times the Plaintiffs medical bills. Because the liability carrier had already paid $25,000, so Ms. Armstrong & Mr. Lackey’s client only had to pay $67,500.
Claims
Donaldson’s Car Accident lawsuit focused on several claims. She alleged that Myers breached his duty of care, which is owed to all motorists. This breach occurred when Myers followed too closely behind her vehicle and failed to maintain a proper lookout, operating his vehicle negligently
Defense
Myers argued that Donaldson’s complaint failed to present a valid legal claim. He asserted that an accord and satisfaction had occurred, stating that Donaldson had already accepted a settlement for her damages. Myers denied any negligence on his part and claimed that Donaldson’s own contributory and comparative negligence caused her injuries. He argued that Donaldson’s damages resulted from her own failure to exercise ordinary care and that she could have avoided the consequences. Myers maintained that even if he were found negligent, Donaldson’s own negligence equaled or exceeded his. He denied most of her allegations, including those regarding the failure to maintain a safe distance, the severity of the collision, and her injuries. Myers only admitted to the basic facts of their presence on the road and his duty of care. He requested that the Court dismiss the complaint, release him from liability, and assign the costs of the action to Donaldson.
Jury Verdict
On September 12, 2024, the jury returned a verdict in favor of the Defendant in a Car accident lawsuit.
Court Documents:
Available Upon Request
Press Release:
Leave A Comment