Dalton, GA—A former restaurant waitress who has been receiving pain management treatments since an automobile accident in 2012 lost her personal injury lawsuit in Whitfield County Superior Court against the driver who rear ended her, following defense suggestions that two chiropractors who treated her during this time may actually have caused the pain. Christy Carr Fowler v. Shelby McFarland (14-CI-197-J)

In many personal injury cases involving older accident victims, the dispositive issue is whether the plaintiff’s back or neck pain was caused or aggravated by the accident or whether it is a natural byproduct of the aging process that results in degenerative disc disease. Often juries have to evaluate the conflicting testimony and opinions of expert witnesses retained by the defense and those of the plaintiff’s treating physicians. However, in the recent DeKalb County State Court case of William Rice v. Frankie Gilmore (13A48441), the defense was able to bolster its case by using the video deposition of a somewhat unusual witness.

Atlanta—A physician whose patient died of liver failure after being prescribed Lamisil for athlete’s foot won a wrongful death medical malpractice case in Fulton County State Court brought by the deceased patient’s relatives. The case was titled Samuel J. Moody v. Novartis Pharmaceuticals Corporation et al. (07EV002473) when filed. However, due to substitution of parties and dismissals, the case proceeded to trial under the name Eunice White et al. v. Timothy Young, M.D., et al.