Attorney Gary M. Kellar, partner in Spicer Rudstrom’s Nashville office, secured another victory in court last week, in defense of his client in a personal injury case for an incident that occurred last summer.
At trial, the plaintiff, Ms. Dohanos, stated that she was returning from a swimming outing at her aunt’s home. While sitting at a red light at the intersection of New Shackle Island Road and Creekwood Lane in Sumner County Tenn., she was struck in the rear by the defendant, Ms. Broussard. Ms. Dohanos indicated that she went forward and back. At trial, she testified that the impact felt as if the defendant went beneath her SUV. Ms. Dohanos also testified that her vehicle slammed down “a little bit.” The property damage to her vehicle was estimated to be $800.
The investigating officer found no complaint of injury at the accident scene so advised the plaintiff that, if she developed any injury within 72 hours, to contact him, and he would amend the police report. The plaintiff failed to contact the police officer to claim any injury but then, 23 days later, sought treatment.
She had an independent medical examination performed by Dr. David Gaw and underwent surgery for a herniated disc. Dr. Gaw related her treatment to the accident, and the medical expenses totaled more than $76,000. The plaintiff did not depose any of her treating physicians.
After the accident and surgery, the plaintiff took up tennis and played in several tennis tournaments as well as went on numerous family vacations to Florida and Utah.
After hearing all of the evidence from both sides, the jury returned a verdict in favor of Gary’s client, the defendant.
Gary is an experienced trial lawyer focusing on personal injury, trucking and transportation litigation, insurance defense, insurance subrogation and automobile liability. He has tried more than 30 cases over the past decade and is currently Top 10 in the State of Tennessee in trials since 2005 (according to the Tennessee Jury Verdict Reporter).