Serious Vehicle Collision. Counsel in auto collision necessitating cervical diskectomy and fusion. Our client had significant pre-existing conditions, including five prior epidural injections. Our client was pain and symptom free for the two-year period immediately preceding the collision. However, the herniated disc causing the pain and symptoms was the same on imaging before and after the collision. Confidential settlement after filing motion to exclude the testimony of the defendant's medical causation expert.
Phillips v. Harmon, 297 Ga. 386, 774 S.E.2d 596 (2015). Wrote all briefs and other pleadings in the Court of Appeals and Supreme Court and argued before the Court of Appeals and Supreme Court. In this case, the Supreme Court reversed the Court of Appeals' holding and trial court's decision regarding spoliation sanctions for destruction of evidence and affirmed the Court of Appeals' decision reversing a defense jury verdict based on the trial judge's ex parte communications with the jury. The Supreme Court's decision is significant because it clarifies that, under Georgia law, a party or potential party has a duty to preserve evidence when litigation is reasonably foreseeable and overrules numerous contrary Court of Appeals decisions.