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Laura Shelley v. Eagle Parking, LLC

Alwyn Fredericks and Ken Barré, of Cash, Krugler and Fredericks, recently tried Laura Shelley v. Eagle Parking, LLC in Fulton County State Court in front of Judge Wesley Tailor. Sharon Andrews, of the Law Office of James C. McLaughlin, represented the Defendant in the two-day trial.

This case involved an injury to Ms. Shelley’s left foot that occurred on September 30th, 2011. An employee of Eagle Parking, LLC ran over Ms. Shelley’s foot at the Cobb Galleria valet while Ms. Shelley was in the process of removing her daughter from the rear seat of the vehicle. Following the incident, Ms. Shelley needed two surgeries to deal with the arthritis that formed as a result of the injury to her foot.

The Defendant’s primary arguments at trial were that Ms. Shelley’s gaps in treatment, ability to perform her work, and ability to travel frequently following the injury lead to the conclusion that any and all treatment, subsequent to the thirteen-month gap in treatment, was not related. In closing, the Defendant recommended that the jury award Ms. Shelley around $10,000. In the end, the jury found for the Plaintiff for $410,000.00. Liberty Mutual paid the Judgment and no appeals were filed.

Throughout the entirety of the litigation, the Defendant made no offers to settle the case. The week prior to trial, the Defendant’s insurer, Liberty Mutual, offered $350,000.00 as their top and final offer.

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