In a recent Georgia appellate decision, a woman was involved in a car accident with a couple, and the couple sued for medical expenses that arose from the accident. During the trial, the defendant admitted that she was liable for the collision, but she disagreed that she’d caused the plaintiffs’ injuries and disagreed with how much was awarded in damages. The husband was awarded $734,563.78.
The defendant appealed the denial of her motion for a new trial to argue that: (1) the lower court made a mistake in applying the wrong legal standard by restricting her biomechanical expert’s testimony and stopping him from testifying that the force created in the collision was enough to cause the husband’s herniated discs and back, and (2) the lower court made a mistake in not granting her motion for a directed verdict on a claim for future medical expenses.
Before trial, one of the plaintiffs moved to stop the defendant’s biomechanical expert from testifying about his opinion that the force created by the collision couldn’t have caused the plaintiff’s spinal injuries. The defendant’s attorney said that at first he thought that the expert could testify about the forces particular to the accident and whether these forces were strong enough to cause the particular claimed injuries in the case.