In personal injury cases, trial juries are expected to employ their common sense and knowledge in determining liability. Expert testimony may provide a jury with specialized knowledge, but, as the Georgia Supreme Court has said in Cower v Widener, most “simple negligence” cases such testimony is not required “to establish a causal link between the defendant’s conduct and the plaintiff’s injury.” Recently, the Georgia Court of Appeals applied this principle to a dispute between an accident victim and his insurance company.
In February 2002, the victim was waiting in his car at an intersection. An unknown driver rear-ended him. The victim’s head slammed against the window. The victim exited his vehicle in a “dazed” state and proceeded to speak briefly with the other driver. However, before the victim could obtain any further vehicle or insurance information, the other driver fled the scene.
Shortly thereafter, the victim started receiving chiropractic treatment for lower back pain. Nine months later, an MRI revealed a herniated disk. The radiologist supervising the MRI concluded the injury was “possibly several months of age,” putting it within the time frame of the February accident.