A Fulton County, Georgia state court judge has declared a mistrial in a tractor trailer accident lawsuit in early November concerning a woman who alleges that she suffered serious personal injuries that prevent her from working, stemming from a 2013 crash with a tractor-trailer.

The judge ordered a mistrial after the attorney for the plaintiff attempted to introduce evidence of the medical treatments that she received but did not disclose via discovery until days before the trial started. 

The 31 year-0ld woman claims that she was seriously injured when the big rig hit her car on I-85 in Gwinnett County, Georgia. However, just a few days before the start of the trial, the plaintiff’s attorneys submitted new records of the woman’s medical treatment that she did not disclose previously.

Court documents stated that the defense’s pre-trial motion was granted to exclude the records of those medical treatments. But at trial, the plaintiff’s attorneys tried to get the woman to testify about the medical injections she had. This led the judge to declare a mistrial and provide the defense with the chance to depose the woman.

The judge noted that the attorney for the plaintiff stated that she did not disclose the injections because she was ‘confused about the specifics of the medical treatment.’ However, the judge wrote that incomplete or evasive answers about discovery usually warrant a continuance or mistrial.

The plaintiff’s attorney stated during the opening of the trial that his client suffered serious injuries to her back, knee, and neck that would require years of medical treatment. But the defense argued that the woman had recovered much faster than she claimed, and it questioned how much the truck crash really limited her ability to work. A new trial date has not been set.

Our View

From the perspective of a Virginia personal injury attorney, it is unfortunate that a mistrial was declared in the above case in Georgia. It could easily be weeks or months before a new court date is scheduled. In that time, the woman who allegedly suffered serious personal injuries in a truck crash may not be able to work and to enjoy life. Many people who have sustained serious truck crash injuries need the funds from a settlement or verdict to help them get back on their feet literally and figuratively.

Truck accident lawsuits are notoriously complex, and it is very important for a personal injury attorney to have a high level of experience in dealing with aggressive defense attorneys. A successful outcome can result in large settlements or verdicts, but it requires a high level of legal skill and tenacity to obtain a favorable outcome.