* $13 MILLION VERDICT IN WRONGFUL DEATH CASE involving 20-year-old single mother strangled to death in her apartment by an apartment complex maintenance worker. The apartment complex maintenance worker had an extensive criminal background, but the management company did not perform a criminal background check on him as required by its own policy. The complex owner and manager contended that it was not legally required to perform background checks. Interestingly, prospective residents of the complex had to submit to criminal background checks in order to lease an apartment. Had the background check been performed, the maintenance worker's criminal history, including the fact that he was currently a fugitive (arising from a burglary charge), would have been discovered and he would not have been hired. We also contended that the complex owner and manager had notice of criminal activity on the premises, including the likelihood that an employee was involved because complex residents had reported numerous "no forced entry" thefts after the maintenance worker started working in the complex. Additionally, on one occasion, a resident returned home early and discovered the maintenance man in her apartment. The worker stated that he was responding to a maintenance requests, but the resident said that there had been no request. Finally, we contended that the complex failed to maintain control and limit access to apartment keys, which allowed the maintenance worker uncontrolled access to apartment keys. The victim, who was engaged and working as a secretary, was survived by her minor son and parents, who filed suit against the complex owner and manager. A Gwinnett County, Georgia, jury returned a verdict for $10,625,000 in wrongful death damages and $2,500,000 for the victim's pain and suffering before death. [go to top]

	* $9 MILLION VERDICT IN A CASE involving medical negligence resulting in the death of a 48-year-old man. The patient had a history of peptic ulcers and had been treated for this condition for several years by his primary care physician and at a health clinic which had been established by the patient's health insurer to provide care for employees of the patient's employer, a large airline. When the patient's wife called the primary care physicians office to report that her husband was experiencing symptoms of peptic ulcers (which, if not treated, can perforate the stomach lining and result in death), the physician's office refused to see the patient and did not provide any instructions for obtaining care elsewhere. The patient's wife then called the health insurer which directed her to bring her husband to the employee clinic. A nurse-practitioner saw the patient in the clinic and provided medication to treat the patient's symptoms of nausea and pain and instructed the patient to follow-up in two or three days if he did not improve. The patient refused to leave the clinic, asking that he be seen by a physician. The patient eventually received a GI cocktail which relieved his pain (but did not treat the ulcer), and left the clinic. Interestingly, during the course of the lawsuit, a physician at the clinic claimed to have examined the patient after he refused to leave the clinic, but this examination was not documented in the medical records at all. The patient went home and was found dead in his bed early the next morning by one of his teenage daughters. The patient's wife's suit against the primary care physician and his practice group were settled before trial, and the trial proceeded against the health insurer-related health clinic. The patient's wife contended her husband died due to a perforated ulcer which had been mismanaged, misdiagnosed, and improperly treated by the defendants. Additionally, the patient's wife contended that the clinic had failed to follow its own policies for treating patients with the symptoms reported by her husband, and failed to obtain the patient's medical history and records. A Fulton County, Georgia, jury returned a verdict in favor of the patient's wife for $8 million in damages for the wrongful death of her husband, and $1 million for the pain-and-suffering experienced by her husband before his death. * Emergency room/quadriplegia: Our client's neck fracture was not diagnosed or properly treated in the E.R., resulting in a spinal cord injury. Montezuma, Georgia Confidential Settlement. * Pediatric bacterial meningitis/brain damage: An 8-month-old child was repeatedly turned away by HMO medical offices without proper care, and was brought to a hospital by his mother where meningitis was diagnosed and treated. The child survived, but was left with brain damage due to delayed treatment. Atlanta, Georgia Confidential Settlement. * Pulmonary embolism resulting in death: Our client died of a pulmonary embolism after outpatient knee surgery. She had complained of the symptoms of pulmonary embolism to her doctor, but she was not properly evaluated or treated. Savannah, Georgia Confidential Settlement. * Anesthesia/pre-op evaluation/intubation/death: Our client's asthma medication was improperly discontinued prior to outpatient surgery and her post-operative asthma attack and respiratory distress were not properly treated, resulting in her death. Snellville, Georgia Confidential Settlement. * Nursing/medication/brain damage/death: While recuperating from surgery in the hospital, our client was over-medicated with pain-relieving narcotics and not monitored for side effects, resulting in cardio-pulmonary arrest. Our client survived, but was left with severe brain damage and died two years later. Atlanta, Georgia Confidential Settlement. [go to top]

	* CONFIDENTIAL SETTLEMENT OF A FEDERAL EMPLOYERS' LIABILITY ACT (FELA) CASE involving the death of a 48-year-old railroad employee in South Georgia. We represented the surviving spouse of a locomotive engineer who was killed when his locomotive derailed at night due to a washed out track/roadbed. Debris, including trees and brush cut by beavers, blocked a drainage culvert under the elevated roadbed, creating a large backup of water, which was nearly 20 ft. deep in places. A local property owner reported the condition to the railroad's main office, but no action was taken. The railroad contended that it inspected the track a few days before the accident and found nothing amiss. This was contradicted by local property owners and residents who reported that the water had accumulated to such a degree that it formed a small lake which was frequented by duck hunters. We contended that the railroad was negligent in not properly inspecting and clearing its culverts, especially when it had been put on notice of the accumulated water. Other railroads had policies and procedures for locating, inspecting, and clearing culverts. The railroad's track inspector admitted seeing water, but he contended that the water was not a problem because it had not reached the track level. Accumulated water is a hazard to railroad roadbeds because it can seep into and weaken the roadbed, eventually causing the roadbed to washout or collapse, as it happened in this case. The case settled for a confidential settlement after mediation. * Norfolk Southern Rwy. Co.: Engineer sustained brain damage when struck and thrown to the ground by a water hose which had been stretched across the main line and was struck by a locomotive. The train dispatcher improperly permitted a train to proceed through the area where another train was receiving water from the hose, which had to be stretched across the mainline track to a siding. Eastern Tennessee $3,000,000 settlement total payout. * Norfolk Southern Rwy. Co.: Trainman injured his back attempting to align a railcar drawbar. Atlanta, Georgia Verdict: $1,575,000. * Norfolk Southern Rwy. Co.: Trainman injured his back due to a defective cut lever on a railcar. Chattanooga, Tennessee $525,000 Settlement during trial. [go to top]

	* $800,000 SETTLEMENT OF A PRODUCT LIABILITY AND NEGLIGENCE CASE involving injuries caused by the collapse of a portable storage building's loft storage unit in suburban Atlanta. Our client, a 56-year-old postal worker, sustained broken ankles when the interior shelving (loft) of a portable building in his backyard collapsed on him when he opened his storage building's doors. The building was purchased from the manufacturer's retail facility and included overhead storage shelves. The building was assembled on our client's property by a crew provided by the manufacturer. Approximately one month after delivery and assembly of the building, the owner opened the door to remove his lawn mower and one of the overhead storage shelves crashed down on him, causing both of his ankles to break. The broken ankles had to be repaired with metal plates and screws. Our client incurred $90,000 in medical bills and lost approximately $30,000 in wages. He is no longer able to deliver mail, but he was able to return to work in a lighter duty position. We contended that the overhead storage shelf was improperly designed and improperly constructed. Specifically, the unit which collapsed was centered over the door, but was not supported by a header and was only connected to the building's structure by nails, instead of joist hangers. We had the building inspected by a professional engineer who specialized in the design and construction of wood frame buildings and who had extensive experience in the investigation of failures and defects and wood frame construction for the construction and insurance industry. We made the building available for inspection by the manufacturer's insurer and employees before we filed a lawsuit. The manufacturer's employees, insurance claim representative, and attorney spent less than five minutes examining the building. We also provided the engineer's report and affidavit to the manufacturer's insurance company before filing suit, but the insurer refused to discuss resolving the claim in any manner, which forced us to file a lawsuit. The case settled for $800,000 after mediation. * Automobile fuel system fire resulting in burns and death. The driver of a pick-up truck was burned to death and his spouse, a passenger, was severely burned and lived nearly a year before dying. Part of the fuel system malfunctioned, causing a fire when leaking fuel contacted hot engine parts. Atlanta, Georgia Confidential Settlement. * Flammable children's fabric resulting in severe burns to back and underarms. Atlanta, Georgia $2,000,000 Verdict. Defective safety switch on foreign made concrete block manufaturing machine resulting in amputation of 29 year old worker's leg during machine maintenance. Atlanta, Georgia Confidential Settlement. * Defective industrial hose/nozzle: While cleaning a storage tank at a chemical plant, our client was severely burned when the high pressure hose separated from the nozzle, causing the client to be sprayed with the hot cleaning agent. Savannah, Georgia Confidential Settlement. [go to top]

	* CONFIDENTIAL SETTLEMENT OF A TRUCK WRECK CASE involving the death of a 63-year-old woman from Tennessee. Our client's wife of 43 years and her brother were driving south on interstate 75 in central Georgia when their minivan was struck from behind by an 18 wheel tractor-trailer (a moving van for a national moving company). The collision squashed the minivan between two trucks, and killed both of the minivan's occupants. The collision occurred in a construction zone where traffic was restricted to one lane. The truck driver claimed that the traffic ahead of him suddenly stopped in the roadway and that he could not stop in time to avoid the collision. However, witnesses reported (and photographs and documents proved) that the construction zone was clearly and properly marked and that multiple advance warnings were given before the traffic was reduced to one lane. The truck driver passed at least three warning signs indicating the upcoming laying closure, and he passed at least two signs advising motorists to slow down and be prepared to stop. Witnesses also reported that the minivan and the traffic in front of it did not stop suddenly as alleged by the truck driver. After our offer of settlement was refused by the trucking company's insurer, we filed suit against the driver and company. After the depositions of our client and the truck driver, the insurer requested that we mediate the case, and the case settled after mediation for a confidential amount. * Failure to secure load and negligent hiring resulting in death. A large international construction company hired a small, poorly equipped trucking company to transport the components of a large excavator. A large piece of equipment fell from a trailer during transport and killed a passing motorist. Charleston, West Virginia $2,700,000 Settlement * Auto Collision: Our client, a teenager, was a passenger in a car and was severely injured when the driver lost control and the car overturned. Toccoa, Georgia $778,000 Verdict * Aircraft Maintenance/Operations/death: Young woman killed in a crash of private plane at take-off. Atlanta, Georgia Confidential Settlement * Railroad employee killed in railroad crossing collision with a tanker truck. Jackson, Tennessee $2,000,000 Settlement [go to top]

	* Wrongful Death/Apartment Security: 20-year-old single mother strangled to death by maintenance man with extensive criminal record. The mangement company did not obtain a background check as its own policy required. Gwinnett County, Georgia $13,000,000 verdict. * Premises Liability/security/office building/rape: Our client was assaulted by a janitor in an office building. The janitor had a criminal record. Marietta, Georgia Confidential Settlement.

	* Chemical contamination of neighborhood/class action. Fort Valley, Georgia $11,425,000 Settlement. * Arsenic contamination/personal injuries and property damage. Atlanta, Georgia Confidential Settlement after 8 weeks of trial FEDERAL TORT CLAIMS ACT. * Paralysis due to VA hospital negligence. Our client was paralyzed as a result of negligence during and after back surgery. Augusta, Georgia Confidential Settlement. * Brain damage due to military hospital negligence. Our client, a military dependent-spouse, was rendered comatose and brain damaged after being discharged from the ER where test results showing she was in danger of diabetic shock were ignored. Georgia military hospital Confidential Settlement. [go to top]

	* Securities fraud/sale of inappropriate and fraudulent investment instruments. We helped represent investors who purchased shares in a fraudulent investment scheme. Marietta, Georgia $8,397,000 Judgment. * Unpaid sales commissions after merger of two advertising companies. We represented account executives whose six figure sales commissions were not paid by the acquiring company. Atlanta, Georgia Confidential Settlement. * Defective product components used in clothing manufacturing. We represented a clothing manufacturer who purchased defective garment components from a supplier, which caused retailers to reject and return our client's finished products. Athens, Georgia Confidential Settlement. [go to top]