'What a Joke'

The six-figure settlement comes four years after a vehicle driven by the plaintiff, Ashley House, got T-boned along Herrington Road in Gwinnett County.

Plaintiff counsel argued defendant  Bonnie Seo struck House's vehicle while attempting to make a left turn onto the roadway from a private drive.

Following the February 2019 collision, plaintiff counsel attempted to negotiate a settlement with Allstate Insurance Co. on behalf of the driver and co-defendant Chang Seo, who'd owned the vehicle at the time of the crash.

"Our case was pretty simple. Allstate admitted fault but contested causation and damages," Flanagan said. "Allstate responded with a little over $16,000. [The] top offer from Allstate never rose [above] $19,550.00."

After repeated negotiation attempts failed, plaintiff counsel said he sent the insurer a $100,000 policy limits demand with "a roughly 10% interest rate," upon receiving a trial date last September.

When two months passed without a response from Allstate, Flanagan said plaintiff counsel sent a second demand "for $130,000, locking in 10.5% pre-judgment interest." The secondary demand sparked additional negotiation talks, but no resolutions.

"Allstate calls and asks, 'Would your client consider $80,000?' I talk with [my] client and she says if Allstate offers $80,000, she would accept before trial," Flanagan said. "I relay that message to Allstate. Their response: 'We don't have $80,000. We just wanted to know if she would consider it. Would she consider $50,000?' What a joke."

Arguing that their client faced more than $45,000 in medical and property damage expenses, Flanagan said plaintiff counsel had no choice but to take the case to trial.

'Cried Genuine Tears'

Gathered before Gwinnett County State Court Judge Erica Dove, Flanagan and Lyndall appeared opposite Atlanta-based defense counsel Matthew McKagen and Saskia Olczak of Goodman McGuffey on Feb. 27.

Flanagan said the plaintiff team centered its trial strategy around how the crash had impacted their client's life.

Through testimony provided by the plaintiff, her family, colleagues and medical narratives, plaintiff counsel connected with the jury by relaying the plaintiff's loss of independence.

Matthew P. McKagen (left) and Saskia H. Olczak of Goodman McGuffey. (Courtesy photos)

"[She's a] single, working mom of two having to rearrange her whole life to go to treatment, take breaks at work, underperform at work and ultimately lose clients in her makeup artistry business," Flanagan said. "Her supervisor testified that she noticed Ashley had changed after the wreck [by] asking for more breaks, time off and not performing as she once did as a valued member of the team."

Across the aisle, defense counsel challenged "the nature and extent of the injuries" alleged by the plaintiff, according to a consolidated pre-trial order.

"Defendants deny that plaintiff's treatment and bills are reasonable or necessary," the order read. "The plaintiff may also be exaggerating the nature and extent of the alleged injuries."

Defense counsel, which did not respond to a Daily Report request for comment, focused on a deposition in which the plaintiff testified "that she 'got better' with treatment" as part of their trial strategy, per plaintiff counsel.

"We were concerned that her testimony might make some jurors think the injuries were not serious. We were dealing with only soft-tissue injuries; no herniations or broken bones," Flanagan said. "At trial, she said she 'got better,' but was never back to '100% healed,' and still had flareups in her back from time to time."

To overcome defense counsel's exaggerated-injury defense, plaintiff counsel said they honed in "on the medical narratives" in conjunction with his client's presentation on the stand.

"Two doctors opined that this wreck most likely caused [the] plaintiff's injuries and pain," Flanagan said. "She cried genuine tears when recounting the trauma of enduring a violent car wreck."

Following defense counsel's closing arguments, Flanagan said the trial judge granted a directed verdict on causation, leaving jurors to decide damages.

'Agreed to Settle All Claims'

Hoping to correlate his client's work experience with damages, plaintiff counsel said he showed the Gwinnett County State Court jurors an online job listing for the plaintiff's position. Flanagan said he then provided the jury a per diem model to illustrate pay rates at $20, $50 and $100 per hour, noting his client works with pain.

"I suggested a minimum verdict of $143,000, which represented plaintiff's medical bills, plus [a] $50 per hour per diem for the three months she was [in treatment]," Flanagan said. "[The] jury came back with $200,000 after deliberating roughly three hours."

On the third day of trial, jurors sat through either side's arguments regarding attorney fees.

According to plaintiff counsel, Allstate argued it'd made a reasonable offer above the value of the plaintiff's medical expenses when it asked plaintiff counsel to consider reopening a $40,000 settlement offer from 2020, but Dove and plaintiff counsel disagreed.

Meanwhile, plaintiff counsel sought $80,000 in attorney fees, but the jury awarded just over half at about $41,000, per Flanagan.

But it's what plaintiff counsel did next that might have inspired the defendant's insurer to settle post-trial on March 3. Rather than enter a final judgment, Flanagan said plaintiff counsel asked the trial court to hold off until he'd filed post-verdict 9-11-68, or offers of settlement, motions.

"Fees continue accruing through entry of judgment," Flanagan said. "Allstate knew a pending 9-11-68 motion was incoming, and additional pre-judgment interest under 51-12-14, [a demand for unliquidated damages]. They agreed to settle all claims for $300,000."