Plaintiff Asher S. Cartagena had been driving along Beaver Ruin Road near Interstate 85 in Gwinnett County when a vehicle driven by defendant Cheryl A. Medford collided with Cartagena's, as Medford attempted to make a left turn out of a gas station, per the plaintiff complaint.

"Defendant was issued a citation for 'Failure to Yield' in violation of O.C.G.A. § 40-6-73; and was arrested for 'Driving a Motor Vehicle with a Suspended or Revoked License' in violation of O.C.G.A. § 40-5-121," the complaint read.

Plaintiff counsel said the collision left their client with "three herniated discs in his neck and a torn meniscus," but subsequent negotiations with Swift Currie McGhee & Hiers attorneys Brendan Thompson and Pamela Newsom Lee, on behalf of the defendant, failed to resolve the case.

From negligence to causation and damages, Rafi said, "the defense disputed everything."

"The defense's highest pre-trial offer was $150,000," Rafi said. "Our client had $83,000 in medical bills."

Remaining in dispute more than three years later, the matter proceeded to a jury trial before Gwinnett County State Court Judge Ronda S. Colvin on Feb. 27.

'Holding His Phone to His Ear'

At trial, plaintiff counsel said they faced the challenge of having to explain to jurors the value of their client's injury.

"His herniated discs were essentially asymptomatic by trial, and he underwent an arthroscopic surgery to repair his meniscus, which resulted in good pain relief, but not all," Rafi said. "The defense pointed out—and correctly so—that our client's herniated discs were virtually pain-free and that his knee surgery was done arthroscopically."

Defense counsel also contested "the reasonableness or necessity of the damages alleged," arguing the collision had been caused, in part, by the plaintiff.

Brendan Thompson (left) and Pamela Newsom Lee of Swift Currie McGhee & Hiers in Atlanta. (Courtesy photos)

"This defendant was making a left hand turn out of the Valero gas station on Beaver Ruin Road near I-85. As plaintiff exited the highway at a high rate of speed, the front of plaintiff's vehicle struck the front of defendant's vehicle. Defendant does not know exactly how fast plaintiff was traveling, but knows it was too fast for conditions," the defense's consolidated pre-trial order read. "Just prior to impact, defendant saw plaintiff holding his phone to his ear. Plaintiff's speed and failure to keep a proper lookout caused the impact."

Disputing the nature and extent of the plaintiff's injuries and treatment, defense counsel alleged Cartagena's medical conditions had been existing, rather than caused by the collision.

In support of their case, defense counsel presented jurors with testimony from Dr. John Hyman, an orthopedic surgeon who contested causation, according to plaintiff counsel.

To overcome the defense hurdles, plaintiff counsel said they focused on taking "an honest common-sense approach."

"We called the defendant as our first witness and then Dr. Hyman as our second because we wanted the jury to see the entire defense case, show that we were not running from it and then disprove each and every claim they made," Rafi said. "We spent a lot of time trying to figure out how we would explain to the jury that this was a million-dollar injury. In the end, we did not use any formula for damages, although the defense told the jurors we would, and instead asked the jurors to consider what our client's health was worth to him."

'Deter Frivolous Defenses'

Following a daylong trial, plaintiff counsel said jurors deliberated 90 minutes before returning a verdict awarding $1 million in compensatory damages to the plaintiff.

But the monetary recovery didn't stop there.

With the parties at odds about whether defense counsel presented "frivolous" claims under Georgia law, counsel looked to the the jury to weigh in again.

In addition to hearing testimony from him and the plaintiff, Rafi said jurors listened to defense attorney Thompson testify "that the defense still believed the defendant's story and it was not frivolous."

Mike Rafi of Rafi Law Firm. Courtesy photo.

"In other words, they thought the jury got it wrong," Rafi said. "It was certainly an interesting position for the defense to take, and one that the jury clearly did not believe."

Rafi said after less than an hour of deliberation, the jury awarded the plaintiff an additional "$512,000 in attorneys' fees, expenses and to deter frivolous defenses." The cumulative $1.5 million outcome left plaintiff counsel feeling relieved.

"Any time you know a client is right and you have the responsibility to prove something that you know is 100% true, it is scary. You don't want to let your client down," Rafi said. "I was relieved the jury got it right, and proud that we put on a case that showed that."

It's not yet clear if defense counsel will challenge the verdict, as a Daily Report request for comment went unanswered.