Donggue Lee’s Appeal Halts David Smith From Collecting Damages

Stemming from an automobile accident in 2012 that involved Donggue Lee and Olympic high jumper David Smith, a Georgia Supreme Court issued a ruling on February 10.

This ruling is for the trial court to reconsider Lee calling an expert to testify that was previously excluded by the trial court. After Smith’s lawyers called a witness that identified the potential loss of future earnings. This was not previously included in the lawsuit.

The defense planned a rebuttal witness, but the court stated that the deadline for this had passed.

The jury was able to hear Smith’s witness on his loss of future earnings from the accident, but not the rebuttal witness. They awarded Smith $2 million in damages. Lee appealed this decision.

Donggue acknowledged his causing the accident openly in court. This accident caused Smith to sustain a broken hip. Even after the accident, when Smith healed, he went on to compete in the 2016 Olympic Games in Brazil. It wasn’t until after that he alleged that a bone fragment from his broken hip remained and he had to have surgery.

Because of this surgery, they state that Smith will never be to full potential again with his high jump. This was when the lawsuit was filed for the original accident.

If the trial court decides to allow the expert and determines that they should not have been excluded, a new trial should be ordered per the Supreme Court.

This means that the previous judgment awarded to Smith will no longer be valid. The defense stated that it was not until he was seen by a doctor at Southern Orthopedics that they figured out the problem Smith had been experiencing.

They state that he had still been in pain even after rehabilitating from the accident, but it was the doctor who discovered the bone fragment that diagnosed the potential damages the Olympian would face going forward.

When the trial court returns with their ruling, the story will be updated.