Henry "Dee" C. DeBardeleben IV
Practice focuses on civil litigation with emphasis on professional negligence, transportation litigation, premises liability, construction litigation, commercial litigation, real estate litigation, products liability, collection, and catastrophic injury. Has litigated and resolved cases, and advised clients in several states in suits involving serious injury, wrongful death, and permanent disability, and commercial disputes involving, among other things, engineering and architectural services, management services, and construction, in Alabama, California, Florida, Georgia, Nevada, Texas, and South Carolina.
- Defense verdict for a hospital in a wrongful death case alleging failure to monitor, where well over a million dollars was sought from the jury.
- Defense verdict for pulmonologist, in retried case, after the initial trial was hung 11-1 in client’s favor. The matter involved a mother who died post-partum in the ICU, and the plaintiffs sought an award over $5 million from the jury.
- Defense verdict for otolaryngologist who nicked an eye muscle during sinus surgery, rendering one of plaintiff’s eyes useless. Damages sought in that matter were well over a million dollars.
- Defense verdict for gastroenterologist who allegedly failed to diagnose prostate cancer and the plaintiff eventually died of metastatic cancer. Damages sought in that matter were well over a million dollars.
- Defense verdict for OB/GYN who ruptured the small bowel during a D&C procedure, which caused septic shock and ultimately death, after a month long stay in the ICU. Plaintiff sought $2 million from the jury.
- Successfully defended a bus company and the driver in a case where the bus driver nearly crushed a fireman after the bus mistakenly entered a parade route; Plaintiff sought several million dollars and received a $500K verdict.
- Successfully settled a fetal death case for an OB/GYN after a trial where the jury hung.
- Defense verdict for an orthopaedist who allegedly nicked a woman’s small bowel during back surgery causing her to nearly die and to spend 29 days in the ICU as a result of the infection. Damages sought were well over a million dollars.
- Defense verdict for an orthopaedist who allegedly failed to diagnose an infection in an elbow, which caused an adolescent a long stay in the ICU and 3 subsequent surgeries. Damages sought were well over a million dollars.
- Won on a summary judgment motion for an orthopaedist in a surgical burn case.
- Won on a summary judgment motion as a plaintiff grading subcontractor against the contractor for failure to pay invoices over a disputed pay-when-paid clause.
- Won on a summary judgment motion on behalf of a car dealership on an alleged fraud case.
- Won on a summary judgment motion on behalf of a car dealership on a breach of contract case.
- Successfully settled a subrogation action for significantly less than the plaintiff had been seeking.
- Assisted in the successful defense of one of the world’s largest engineering and design firms in arbitration brought by design-build contractor concerning construction of the largest state-funded construction project in South Carolina history.
- Assisted in the successful defense of pharmaceutical manufacturer in litigation arising out of a professionally labeled OTC product.
- Successfully resolved multiple premises liability cases involving personal injury and wrongful death.
- Successfully resolved multiple commercial lease disputes for both landlords and tenants.
- Successfully helped hotelier clients collect on judgments based upon franchisee agreements.
Professional Memberships and Affiliations
- American Bar Association
- Atlanta Bar Association
Admissions to Practice
- State Bar of Georgia
- Minnesota State Bar
- State Bar of Nevada
- Georgia Court of Appeals
- U.S. District Courts, Northern and Middle Districts of Georgia
- B.A., Auburn University, 2002; Alpha Lambda Delta
- J.D., cum laude, Georgia State University, 2007; Litigation Honors Recipient, Student Trial Lawyers Association, Mock Trial Team
- Has worked on several publications concerning Georgia lien law, premises liability, and federal preemption of medical devices.
- Saiia Constr., LLC v. Terracon Consultants, Inc., 310 Ga. App. 713, 714 S.E.2d 3 (2011)
- Blockbuster Investors LP v. Cox Enters., Inc., 314 Ga. App. 506, 724 S.E.2d 813 (2012)