(Another) Successful Verdict in Personal Injury Case!
Butler Tobin won another verdict yesterday! This one was in Fulton County, and was our second successful verdict in three business days.
The Daily Report’s article on the case is available here. BT’s press release is below.
On Tuesday afternoon, a jury returned a verdict of $167,000 in favor of a pedestrian who had been struck by a Jimmy John’s bicycle delivery person, leading to a broken elbow and $33,000 in medical expenses. The trial, which lasted less than two days, included the calling of ten witnesses and the playing of two surveillance videos. Neither party objected to a single question or piece of evidence. It was the second successful personal injury verdict in three business days for Butler Tobin LLC, which also received a $935,000 verdict last Friday. One courtroom official quipped that the Jimmy John’s trial was “freaky fast,” according to Jeb Butler of Butler Tobin.
The case involved a plaintiff-pedestrian who was crossing Peachtree Street when a Jimmy John’s delivery bicyclist ran through a red light and hit him. The collision knocked the plaintiff to the pavement, which broke the bone at the tip of his elbow, requiring surgery. The injury also required therapy and limited the plaintiff’s ability to fish, play tennis, and golf. The plaintiff also sought punitive damages, which the jury declined to impose.
The case was tried in front of Judge Wesley Tailor in Fulton State Court. “Judge Tailor studies and thinks deeply about the law, and he was able to handle the thorny evidentiary and Constitutional issues ahead of trial,” said Butler. “When he did that and gave us a date certain for trial, it really allowed us to streamline this case.”
Darren Tobin, who also represented the plaintiff, said he thought the plaintiff’s testimony was key. “We had an honest, credible, hardworking client who told the truth,” said Tobin. “The jury got that, and responded to it.”
The case was defended by B. Brent Terry, in-house counsel for Cincinnati Insurance Company. “Mr. Terry is a first-class trial lawyer,” said Butler. “We wanted the jury to impose punitive damages in addition to the $167,000, but he persuaded them not to do it.”
The case was Ellis v. JJ’s of Atlanta, LLC, No. 16EV000766.