A National Trial Law Firm

Trials & Arbitrations 1999 - Present

Year

State

Venue

Style
(firm's client is bold)

Type of Case

Length of Trial/Arbitration

Verdict/Award

2008

GA

Arbitration before James Mahar

Wallace v. Timberlake

Construction, breach of contract, fraud, Fair Business Practices Act violations

1 day

Confidential settlement prior to the arbitration significantly below plaintiff's pre-arbitration demand

2008

FL

Alachua County State Court

Young v. Wooden; Clarksville Refrigerated Lines

Trucking; Plaintiff suffered partial paralysis in a truck and car accident

1 week

Defense Verdict

2008

GA

Fulton County State Court

Turner v. Wendy's International, Inc.

Premises liability; Slip and fall

2 days

$2,000; Final pretrial offer $30,000

2008

GA

Carroll County State Court

Buchanan v. Price

Medical malpractice; Wrongful death; Pneumonia patient allegedly discharged prematurely with inappropriate antibiotic coverage

4 days

Defense verdict

2008

LA

American Arbitration Association

National Process Controls Group, Inc. v. Jacobs Engineering Group, Inc.

Construction; Wrongful termination; Breach of contract

8 days

Award issued in favor of our client for full amount of claim, pre-award interest, attorneys' fees and arbitration administrative fees

2008

NM

Santa Fe County, First Judicial District Court

Mary Ann McConnell et al. v. Allsup’s Convenience Stores, Inc.

Security case involving abduction, rape and murder of 26-year-old single mother of three

13 days

Confidential settlement reached minutes before jury returned verdict for amount substantially larger than settlement

2008

GA

Elbert County Superior Court

Craft v. Elbert Memorial Hospital

Medical malpractice

4 days

Defense verdict

2008

WA

Snohomish Superior Court

Singh v. Edwards Lifesciences

Technological failure of medical device resulting in severe cardiac damage

6 1/2 weeks

Verdict for Plaintiff; Case on appeal

2008

TN

Hamilton County Chancery Court

Alcon Associates, Inc. v. Place Collegiate Development, LLC and Campus Development Foundation, Inc.

Commercial construction

10 days

$2.7 million plus interest and foreclosure of lien awarded to our client

2008

OK

Canadian County District Court

Ruth Elizabeth Derieg, Personal Representative for the Estate of Lucinda Elizabeth Rosser v. NES Traffic Safety LP, et al.

Trucking; Wrongful death

>1 day

Settled during jury selection for an amount well below pretrial demands and below amounts offered at earlier mediation

2008

IL

American Arbitration Association

Continental Electric Company, Inc. v. Northern Indiana Public Service Company

Commercial construction arbitration

5 days

Affirmative recovery on behalf of electrical subcontractor in an amount ten times greater than the latest offer

2008

DE

New Castle County Superior Court

Dant v. The Nemours Foundation

Medical malpractice; Wrongful death

8 days

Confidential settlement significantly below Plaintiff's pre-trial demand after jury announced 6-6 deadlock

2008

NM

Bernalillo County, 2nd Judicial District Court

Christine Urioste, Individually, and as Personal Representative of the Estate of Crystal Barela v. Ardent Health Services, et al.

Wrongful death of Plaintiff's 5-year-old daughter

7 days

Mistrial declared by trial judge following motion by defense counsel; Defense counsel costs to be paid by Plaintiff due to mistrial; Case to be retried

2008

NV

Clark County District Court

Hernandez v. United Road

Trucking accident; Multiple wrongful death and personal injuries claims

6 days

Settled for pretrial offer after cross examination of Plaintiff's liability expert

2008

NV

Clark County District Court

Parks v. Rumjungle at Mandalay Bay

Assault and battery; Negligent training, hiring and retention of security personnel; Punitive damages

5 days

Confidential settlement significantly below Plaintiff's pretrial demand

2008

NC

Warren County Superior Court

Vaughan v. Royster-Clark, Inc.

Trucking accident; Plaintiff suffered partial paralysis

7 days

Liability was admitted; Settlement was $1.8 million less than Plaintiff’s demand.

2008

GA

Fulton County State Court

Milam v. Tenet Healthsytem GB, Inc., et al.

Medical malpractice; Quadriplegia of an 18-year-old

Scheduled for 10 days; Settled at end of third day

Confidential favorable settlement; Plaintiff settled after 3 days of trial for $2 million less than amount previously rejected at onset of trial

2007

CA

Santa Clara County Superior Court

Cannon v. Valueclick, Inc., et al.

Violation of federal CAN-SPAM Act of 2003

1 day

Defense Verdict

2007

OK

Canadian County District Court

Charles Allen Prock, as Estate Reprentative v. NES Traffic Safety, LP, et al.

Wrongful death; Trucking; Construction

1 day

Confidential favorable settlement; Plaintiffs settled for amount well below last pretrial demand at beginning of jury selection

2007

GA

Fulton County State Court

Walter Schumacher, as Estate Representative v. Phoenix Corporation, et al.

Wrongful death; Vehicular accident from truck running red light

3 days

Admitted liability; Plaintiff's verdict less than Plaintiff's last demand and within high/low limitations

2007

GA

Fulton County State Court

Campbell v. McConnell; Piedmont-Peachtree Associates, P.C.

Medical malpractice; Plaintiff alleged failure to communicate proper diagnosis

4 days

Defense verdict; Other defendants settled for undisclosed amount prior to trial

2007

FL

Palm Beach County, Fifteenth Circuit

Estate of Raymond Schoberg v. Hubbard Construction Co., et al.

Wrongful death; Rollover of a paving roller machine, crushing the decedent

10 days

Defense verdict; Plaintiff's settlement demand during trial $17 million; Plaintiff asked jury for $24 million

2007

FL

Gadsden County Circuit Court

Wright v. Talquin Electric Company

Premises liability, negligence; Maintenance worker electrocuted during course of employment and died shortly afterward at hospital; Event witnessed by landowner

4 days

Confidential favorable settlement; Plaintiff's pretrial demand $3.5 million; Plaintiff settled after 4 days of trial within our client's original valuation of the case

2007

GA

Fulton County Superior Court

Maccarone v. Lenox Residential Development, LLC, et al.

Nuisance, trespass, negligence, negligence per se; Claims arose from water runoff from subdivision development

5 days

Plaintiff's verdict of $32,500 compensatory and $120,000 punitive damages; Plaintiffs sought $385,000 in compensatory and $250,000 in punitive damages, as well as attorneys fees

2007

GA

Coweta County Superior Court

Harris v. Newnan Hospital, et al.

Medical malpractice; Vestibular toxicity following claimed inappropriate antibiotic administration

2 weeks

Defense verdict for our client; Plaintiff awarded $585,000 against three remaining co-Defendants; Plaintiff’s last pre-trial demand was $410,000

2007

GA

Cobb County Superior Court

Hilb Rogal & Hobbs v. Hugh Holley

Breach of contract, unjust enrichment, breach of fiduciary duty

6 days

Plaintiff's verdict $28,500; Plaintiff alleged $800,000 in economic loss; Plaintiff’s last demand $250,000

2007

GA

Fulton County State Court

Wardlaw v. HealthSouth Surgery Center of Atlanta

Medical malpractice; Plaintiff alleged permanent injury resulting from needle transection of spinal cord during cervical epidural steroid injection

6 days

Defense verdict; Plaintiff alleged $4.8 million economic loss and $150,000 in medical expenses

2007

FL

St. Johns County, Seventh Judicial Circuit Court

Ladue v. Patco Transport, Inc., et al.

Wrongful death of college student at an intersection

7 days

Plaintiff's verdict $488,000; Plaintiff’s pre-trial demand $5 million, Defendant’s offer $2.5 million

2007

NC

Robeson County Superior Court

Locklear v. S & W Ready Mix Concrete Co., et al.

Wrongful death; Severe injuries in motor vehicle accident resulting in death the following day

1 day

Case settled at start of trial for a confidential amount significantly below Plaintiff’s demand

2007

OK

Canadian County District Court

Alisha Brummett and Ruth Derieg, as Estate Representatives. v. NES Traffic Safety, LP, et al.

Wrongful death; Fatal trucking accident in construction zone

8 days

During trial, Plaintiffs settled for a confidential amount, which was a small percentage of their pre-trial demand

2007

AK

Pulaski County Circuit Court, Second Division

Community  First Trust Co., et al. v.  Lexington Insurance Company, et al.

Personal injury; Boy Scout camping outing resulting in brain-injured child

2 days

During trial, Plaintiffs settled for a confidential amount significantly below their pre-trial demand

2007

AL

Etowah County Circuit Court

Mayer Electric Supply Co., Inc. v. St. Paul Mercury Insurance Co., et al.

Dispute over payment bond

2 days

Defense verdict; Recovery on offer of judgment

2007

PA

U.S. District Court, Eastern District of Pennsylvania

Svindland v. The Nemours Foundation

Medical malpractice, wrongful death

8 days

Defense verdict; Plaintiff’s pre-trial demand $4.5 million; (New trial granted by Third Circuit Court of Appeals)

2007

FL

Miami-Dade Circuit Court

Guinaldo v. Easterling

Medical malpractice; Neurologic injury

3 days

Defense verdict

2007

MO

Jackson County Circuit Court

Patricia Sapp, et al. v. Morrison Brothers Co., et al.

Product liability; Severe burns leading to death 12 days later

3 weeks

Defense verdict; Plaintiff's demand to jury $18 million

2007

NJ

New Jersey Superior Court, Middlesex County

Richard Douglas Cannon v. American Automobile Association, et al.

Personal injury; Severe burns from motor vehicle accident over 80% of Plaintiff's body

9 weeks

Defense verdict; Plaintiff’s last demand $18 million

2007

GA

Fulton County State Court

Atkinson v. Northpoint Ford

Failure to warn, fraud; Shattered pelvis requiring extensive inpatient rehabilitation

4 days

Defense verdict

2007

PA

U.S. District Court, Eastern District of Pennsylvania

Reger v. The Nemours Foundation

Medical malpractice, wrongful death

7 days

Defense verdict; Plaintiff’s pre-trial demand $1.5 million; (Affirmed by Third Circuit Court of Appeals)

2006

GA

Fulton County Superior Court

Sheffield v. Hoods, M.D.

Medical malpractice

2 days

Directed verdict for defense

2006

GA

U.S. District Court, Northern District

Tracye Currie and the Estate of Nodiana Antoine, deceased v. Chevron

Premises liability

3 days

Plaintiff's verdict $3.5 million (25% contributory negligence by Plaintiff)

2006

DE

U.S. District Court

Yong v. The Nemours Foundation

Medical malpractice; Catastrophic brain injury

3 days

Settled for substantially less than pre-trial demand

2006

FL

Third District Court of Appeals, Florida

Husak v. Siegel

Medical malpractice

2 weeks

Appellate court granted Defendant's appeal overturning the verdict with instructions to the trial court to enter an order granting defendant's motion JNOV

2006

MO

Circuit Court, City of St. Louis

Anderson v. Kohler Co. and Bratco, Inc.

Product liability, wrongful death

3 weeks

Trial prior to WWHGD involvement resulted in $25 million punitive damages verdict; On retrial, verdict against client less than $8 million in compensatory damages and no punitive damages; Confidential settlement

2006

GA

Superior Court of Lumpkin County

Jeffrey G. Olarsch v. Billy Gregg Newell

Negligence; Motor vehicle accident

4 days

Defense verdict

2006

GA

U.S. District Court, Northern District

Wright v. Case Corporation

Product liability, personal injury

3 days

Defense verdict

2006

TN

Circuit Court of Sumner County, TN at Gallatin

Teeples v. Boston Scientific Corporation

Product liability, personal injury

1 day

Favorable, confidential settlement after jury selection

2006

GA

Superior Court of Cherokee County

Spaeth v. Cherokee Center for Change, et al.

Medical malpractice, fiduciary breach, breach of contract

2 days

Directed verdict for defense; Plaintiff demanded $250,000 before trial; defense had offered $5,000

2006

FL

State Court, Hillsborough County

Condon v. Cingular Wireless, LLC

Debt collection practices

1 day

Defense verdict


2006


WA

U.S. District Court for the Western District of Washington at Seattle

City of Blaine, Cities Insurance Association of Washington and St. Paul Guardian Insurance Company v. Golder Associates Inc.

Breach of contract, negligence

9 Days

Plaintiff sought approximately $35 million on the breach of contract cause of action and additional $1.7 million on an indemnity claim: Total damages awarded on breach of contract claim were $91,000 and $975,000 on indemnity claim; Verdict less than last offer made by Defendant and substantially less than last demand made by Plaintiffs

2006

GA

American Arbitration Association

James and Debra Prescott v. Prestige Design, Inc.

Construction defect

3 days

Plaintiffs claimed construction defects in their $2.1 million home; Demand at arbitration was $369,000 plus prejudgment interest and attorneys’ fees; Award was $208,219.70 for costs to make repairs. No award for prejudgment interest or attorneys’ fees

2006

FL

15th Judicial Circuit District Court, Palm Beach County

Zainab Abughalia et al v. Michael Chapparo, M.D., Columbia/JFK Medicial Center LP, Patricia Thompson, R.N. and Palms West Pediatric Neurosurgery

Medical malpractice; Catastrophic brain injury

3 days

On third day of trial, Plaintiff accepted amount defense was prepared to pay at mediation

2006

GA

State Court of Fulton County

Fournell v. RPC

Wrongful death

8 days

Plaintiff’s demand early in trial $1.9 million; Plaintiffs asked jury for $4.5 million; Verdict $750,000

2006

MO

Circuit Court of Jackson County

Eric Wheaton v. IPC International and MBS Mall Investor-98 LLC

Premises liability; Catastrophic brain injury

2 weeks

Defense verdict; Plaintiff’s pre-trial demand was $40 million

2006

GA

Superior Court of Henry County

Shannon v. Mann, M.D.

Medical malpractice

8 days

Defense verdict; Plaintiff’s pre-trial demand was $500,000.

2006

FL

West Palm Beach

Finer v. Gold Kist

Personal injury; Traumatic brain injury

5 days

Admission of liability; Plaintiff's pre-trial demand was $14 million; case settled for the primary layer.

2006

GA

State Court of Cobb County

Michelle McKerley, et al. v. Douglas Women’s Clinic, LLP

Medical negligence

3 days

Case settled three days into trial for substantially less than Plaintiff’s pre-trial demand

2006

FL

Circuit Court of the 20th Judicial District, Hendry County

Joanna Grissom, et al., v. United States Sugar Corp.

Wrongful death

1 week

Case settled one week into trial for substantially less that Plaintiff's pre-trial demand

2006

KY

U.S. District Court, Eastern District, Covington Division

Edmond Embry, et al. v. Kenneth H. Chandler, Jr. et al., Geo Transportation of Indiana, Inc., et al.

Wrongful death; Trucking accident

4 days

Admission of liability; Verdict less than Plaintiff sought at trial

2006

GA

Superior Court of Coffee County

Basil Trail v. Contemporary Cars Inc. d/b/a Mercedes Benz of Orlando

Negligence resulting from identity theft

2 days

Plaintiff’s verdict $3,100; Plaintiff’s last demand $25,000; $100,000 verdict against identity thief

2005

GA

U. S. District Court, Northern District

Farley v. Dr. Richard Zellmer and North Metropolitan Radiology Associates, P.C.

Medical malpractice

3 days

Defense verdict

2005

FL

 

Guadagno v. Krikorian

Medical malpractice, wrongful death

3 days

Voluntary Dismissal during trial; Defendant paid nothing

2005

GA

Fulton County State Court

Carol Crisco, M.D. & Larry Van Crisco, M.D. v. C. Daniel Smith, M.D.; The Emory Clinic, Inc.;

Jay S. Miller, M.D.; Peachtree Vascular Associates, PC;

Averel B. Snyder, M.D.; and Peachtree Cardiovascular & Thoracic Surgeons, PA 

Medical malpractice   

2 weeks

Defense verdict

2005

FL

4th Judicial Circuit Court, Duval County

Pogodzinski, et. al. v. The Nemours Foundation

Medical malpractice; Paralyzed child

3.5 weeks

Defense verdict; Plaintiff’s pre-trial demand $27 million; Defendant’s pre-trial offer $3 million

2005

TN

Tennessee Circuit Court, Memphis

Woods v. Boston Scientific Corp. and Target Therapeutics

Medical device

18 days

Plaintiff's verdict $2.139 million; Defendant's last offer $2 million; Plaintiff's last demand $41.5 million 

2005

NV

American Arbitration Association

Tiffiny Painting and Lehrer McGovern Bovis v. Venetian Casino Resort, LLC

Breach of contract

6 days

Plaintiffs presented claims for $6.5 million; Defense counterclaimed $248,000; Defendant recovered on counterclaim; Plaintiffs awarded nothing

2005

TX

American Arbitration Association, Dallas

Mockingbird Station Partners LP and Simpson Texas Financing LP v. Selzer Associates, Inc. and C.D. Henderson, Inc.

Dispute regarding design and construction of multi-use development that failed to meet ADA requirements

2 weeks

Arbitration award on claims of $2.1 million – 100% of what we sought

2005

NV

Clark County State Court

Mark Brown v. Cirque du Soleil, Inc.

Catastrophic Injury; Products Liability

4 weeks

Plaintiffs' pre-trial demand $35 million; favorably settled for confidential amount after closing arguments.

2005

TN

U.S. District Court, Eastern District, Winchester Division

Surles v. Greyhound Lines, Inc.

Driver attacked by passenger on highway, causing bus to overturn resulting in 56-year-old paraplegic

7 days

Plaintiff’s verdict $8 million; Plaintiff’s first demand $15 million; last demand $10 million.

2005

GA

Fulton County State Court

Knight v. West Paces Ferry Hospital

Medical malpractice

5 days

Defense verdict; Plaintiff had almost $2 million in special damages

2005

KS

Johnson County, Civil Court, 10th District

Sara Hotchkiss v. Olathe Medical Center, et. al.

Medical malpractice

2.5 days

Settled on third day of trial for a minimal amount in addition to offer made three months before trial.

2005

GA

Henry County State Court

Heflin v. Goodman & AutoNation, et al.

Malicious prosecution

2 days

Directed verdict as to all causes of action.

2005

TN

U.S. District Court, Eastern District

Luster v. Equity Residential Apartments

Premises liability; Swimming pool accident at apartment complex owned by national real estate company; Guest became quadriplegic jumping into shallow end when lights were burned out

8 days

Plaintiff’s verdict $1.385 million; Plaintiff had medical bills of over $1 million; Plaintiff’s last demand $25 million

2005

AR

Circuit Court for Drew County, Monticello

Sullivan v. Coca-Cola Enterprises, Inc.

Wrongful Death; Truck accident resulting in death of brother and sister and rendering third sibling severely brain damaged

7 days

Death cases settled; Plaintiff’s verdict $12 million; Plaintiff’s lowest demand $17 million; Defendant’s last offer $10 million; a high-low agreement was reached after closing arguments and final result was within parameters of that agreement

2005

GA

Bartow County Superior Court

Gouge v. Cartersville Medical Center

Medical Malpractice

4 days

Defense verdict.

2005

MI

Wayne County Circuit Court

Henderson v. Green Meadows

Wrongful Death; drowning of 15-year-old girl

1 day

Admission of liability; Plaintiff’s verdict $1.53 million; Plaintiff’s demand $5 million. Client subsequently granted complete indemnification from co-defendant. 

2005

GA

U.S. District Court, Northern District

Custer v. Terex Corp.

Wrongful Death

1 week

Plaintiff’s verdict $150,000; Judge subsequently granted JNOV.

2005

MO

Jackson County Circuit Court

Taliaferro v. Green Valley Transportation Co.

Wrongful Death

8 days

Plaintiff’s verdict; case settled pursuant to a high/low agreement for $3 million less than verdict.

2005

GA

Hall County Superior Court

Linda and Don Villyard v. Lanier Park Hospital and Trish Farmer

Medical Malpractice

4 days

Defense verdict.

2005

NV

Clark County State Court

Midwest Drywall v. Venetian Casino Resort LLC

Liens; Construction/Contract Dispute

2 weeks

Plaintiff’s demand $20 million; settled for $5.25 million.

2005

GA

Ware County

Superior Court

Cox v. Satilla Health Services

Medical Malpractice

4 days

Jury deadlocked 11-1 for Defendants; Judge granted our motion notwithstanding the mistrial. See also first trial in 2004.

2005

FL

Palm Beach County State Court

Zetlan v. JFK Hospital

Wrongful Death; Medical Malpractice

4 days

Admission of liability; verdict $1.1 million; Plaintiff’s demand $7.2 million.

2005

GA

Fulton County State Court

Luther v. Historic Homes

Construction Defect

3 days

Admission of liability; Plaintiff’s demand $200,000; Plaintiff’s award $38,000.

2005

GA

Fulton County State Court

Southern Prestige Investment Company d/b/a Stone Mountain Flea Market, and Pyung Kil Kim v. Developers Diversified Realty Corporation

Landlord-Tenant; Breach of Real Estate Contract

2 days

Case settled while Court was considering Defendant's Motion for Directed Verdict, by Plaintiff agreeing to dismiss with prejudice their claims for $300,000 in damages in exchange for Defendant agreeing to refrain from seeking attorney's fees.

2005

GA

Arbitration before John D. Sours 

LNBJ Construction Company, Inc. v. City of Ellijay

Construction Dispute; Contract

2 days

Obtained award of $42,000 and interest for Claimant; Respondent’s counterclaim denied.

2005

GA

Construction Arbitration Associates

Greenwald v. The Halpern Corporation

Construction Defect Claims; Contract

2 days

Claimants awarded $17,000 on $136,00 + costs demand. 

2005

AR

Circuit Court of Pulaski County, 6th Division

Elvin Johnson, et. al. v. Quapaw Quarter Nursing Center, LLC

Nursing Home; Alleged Assault

9 days

Settled on last day of trial before closing for substantially less than Plaintiff’s demand.

2005

NC

Brunswick County Superior Court

Mary Thompson, et. al. v. Autumn Corporation

Nursing Home; Alleged Assault

Settled prior to trial

Plaintiff’s demand $3 million; set for 2-3 week trial but settled prior to trial very favorably for client.

2005

GA

Cobb County Superior Court

Glenn and Etta Cason v. Wysocki Brothers, Inc. and Karl Wysocki

Construction; Breach of Contract; Breach of Warranty; Negligence

1 day

Claimants’ demand before arbitration $85,000+ in fees, costs and damages; Claimants awarded $18,747.90 for repairs and correction, $1,857.25 for consultants’ fees and expenses, and $10,000 in attorney’s fees (all other claims denied).

2005

GA

American Arbitration Association

Michael Forrest v. InfoMart, Inc.

Breach of Employment Contract; Unlawful Termination

3 days

Claimant demanded all commissions past due, future salary and commissions; Claimant awarded $0 for lost salary, $0 for vacation pay entitlement, and 5% commissions on certain accounts (minus $809.42 already paid); Respondent awarded $10,000 on counterclaim related to copying and removing confidential information

2005

GA

American Arbitration Association

Fairman v. Greenwood Homes

Construction defect

1 day

Case settled on favorable terms during arbitration.

2005

GA

Construction Arbitration Association

Jackson v. Greenwood Homes

Construction defect

1 day

Plaintiff awarded one-third of what she sought.

2005

FL

Securities Arbitration before NASD

Carter v. Banc of America Securities

Securities fraud

3 days

Award in favor of Claimant for less than half of claimed damages.

2005

TX

Securities Arbitration before NASD

Levin v. Salomon Smith Barney

Securities fraud

3 days

Unanimous award by 3-member panel dismissing customer complaint seeking over $700,000 in market losses.

2004-2005

NV

American Arbitration Association

Lehrer McGovern Bovis, Inc. v. Venetian Casino Resort, LLC

Breach of Contract: LMB’s Claim 1a.008 - Marble Fabrication; Claim 7a.001-7a.087 – Acceleration, Delays and Overtime Breakdown; Claim 7b.001-7b.025 – The Schedule Pool

17 days

Claimant’s claim $9,415,003; award $0.00; judgment rendered on summary judgment.

2004-2005

NV

American Arbitration Association

Lehrer McGovern Bovis, Inc. v. Venetian Casino Resort, LLC

Breach of Contract: Claim Types – Multi-Bay Suites, etc.; Tower Coordination Issues; Misc. Issues at Tower Level 3-32

17 days

Claimant’s claim $4,368,382; award $718,969.

2004

NV

American Arbitration Association

Lehrer McGovern Bovis, Inc. v. Venetian Casino Resort, LLC

Breach of Contract: East Property and Back of House

11 days

Claimant’s claim $1,170,129; award $474,659.

2004

NM

U.S. District Court

DeLeon v. Northrop Grumman Systems, Inc.

Product Liability; severely crippled female firefighter due to allegedly defective fire truck

2.5 weeks

Plaintiff’s demand $18 million; offer $8 million; Plaintiff’s verdict $8.75 million but our client, the only Defendant, found responsible for 17.5%, so the net verdict was $1.531 million.

2004

FL

Circuit Court of Hillsboro County

Chau v. Brookside Properties

Premises Liability

2 weeks

Plaintiff’s verdict; appeal pending.

2004

FL

11th Circuit Court of Dade County

Rene Izquierdo v. Jorge Cabrera, M.D.

Medical malpractice – orthopedic injury

6 days

Defense verdict

2004

FL

11th Circuit Court of Dade County

Dannelly v. Blacher, M.D.

Medical malpractice – failure to diagnose heart problem

5 days

Defense verdict

2004

FL

11th Circuit Court of Dade County

Emilio Lopez v. Angel Vidal, M.D.

Medical malpractice – failure to diagnose cancer

4 days

$500,000

2004

FL

11th Circuit Court of Dade County

Alfreda Robinson as Pers. Rep. v. Jorge Murillo, M.D.

Medical malpractice - death

5 days

Voluntary Dismissal During Trial. Defendant paid nothing

2004

FL

11th Circuit Court of Dade County

Linda Rodriguez as Pers. Rep. v. Antonio Barquet-Leon, M.D.

Medical malpractice - death

5 days

Defense Verdict

2004

GA

DeKalb County Superior Court

Daniel v. Dunwoody Medical Center

Medical Malpractice

4 days

Plaintiff’s verdict for $3.75 million; admission of liability in case; appeal pending.

2004

GA

Fulton County State Court

Estate of Nahid Farhadi Kermani v. Ted Monitz, M.D., and Cardiac Disease Specialists, P.C.

Medical Malpractice; Wrongful Death

4.5 days

Defense verdict.

2004

GA

Fulton County State Court

Moss v. U-Haul Corp.

Product Liability: four deaths and brain damaged paraplegic child

7 days

Mistrial.

2004

NC

Wake County Superior Court

Hammel v. USF Dugan

Tractor-trailer Accident; Brain Damage

10 days

Admission of liability; verdict $6 million; appeal pending.

2004

GA

Crisp County Superior Court

Beckom v. Forward Air

Wrongful Death: Tractor-trailer collision with driver on illegal drugs –3 deaths

3 days

Favorably settled for confidential amount.

2004

TX

Nueces County Court

McCullough v. Western Geco, LLP and Trek International Safaris, Inc.

Wrongful Death

9 days

Defense verdict.

2004

GA

American Arbitration Association, Fulton County

Zebra Construction Co., Inc. v. H.R. Russell & Co.

Breach of Contract

8 days

Plaintiff’s demand in excess of $700,000; Plaintiff presented damages in excess of $800,000; Plaintiff’s verdict for approximately $130,000, equivalent to Defendant’s offer.

2004

GA

Fulton County State Court

Farr v. William Mayfield, M.D. and Peachtree Cardiovascular & Thoracic Surgeons, P.A.

Wrongful Death

6 days

Last demand $2.5 million; no settlement money offered; jury deliberated approximately 1 hour before returning a verdict in favor of all Defendants.  

2004

MO

U.S. District Court, Western District, Southern Division

Heidlage v. Terra Renewal Services, Inc. and Christopher King

Tractor-trailer accident: significant traumatic brain injury to farmer, who was rendered the mental capacity of 6-year-old

2 weeks

Case settled at closing arguments for just over $4 million; settlement was $10 million less than Plaintiff’s pre-trial demand and less than what had been offered at mediation several weeks before trial.

2004

FL

11th Judicial Circuit, Miami-Dade County Court

Husak v. Siegel

Medical Malpractice

2 weeks

First trial: mistrial; Second trial: Plaintiff’s verdict; See also 2006: Appellate court granted Defendant's appeal overturning the verdict with instructions to the trial court to enter an order granting Defendant's motion JNOV.

2004

FL

18th Judicial Circuit Polk County Court

Richards v. High Reach

Personal Injury

2 weeks

Admission of liability; Plaintiff’s verdict $1.6 million; Plaintiff’s demand $6 million; verdict less than Defendant’s offer.

2004

GA

Fulton County State Court

Roderique v. Kolb

Defamation

1 week

Plaintiff’s verdict $70,000; Plaintiff’s demand $250,000.

2004

GA

Paulding County Superior Court

Stricker v. Thompson

Domestic/Modification

1 day

Defense verdict; relief sought by client awarded.

2004

SC

SC Office of State Engineer

EllisDon v. Clemson University

Breach of Contract

7 days

$2.2 million claim; appeal pending.

2004

GA

Ware County Superior Court

Cox v. Satilla Health Services, Inc.

Medical Malpractice

3 days

Directed verdict; subsequently vacated by same Judge. See also second trial in 2005.

2004

GA

Fulton County State Court

Woods v. Gordon, M.D.

Medical Malpractice

4 days

Defense verdict.

2004

GA

Glynn County Superior Court

Sinclair v. Satilla Regional Medical Center

Medical Malpractice

5 days

Defense verdict.

2004

GA

Laurens County State Court

Castleberry v. Fairview Park Hospital

Premises Liability

3 days

Plaintiff’s award $41,000; last demand $950,000.

2004

GA

Fulton County State Court

Shari MacDonald v. Northpoint Ford

Personal Injury

2 days

Admission of liability; verdict less than last offer of settlement.

2004

GA

Fulton County State Court

Bullock v. Lynn, M.D.

Dental Malpractice

3 days

Settled immediately prior to jury verdict.

2004

GA

Jackson County State Court

Martin v. Bolton Enterprises

Personal Injury; Truck Accident

2 days

Defense verdict.

2004

FL

11th Judicial Circuit, Miami-Dade County Court

Negrin-Perez v. Kendall Medical Center

Medical Malpractice

2 weeks

Defense verdict.

2004

GA

Construction Arbitration Associates

Van De Velde v. John Willis Homes, Inc.

Construction; Breach of Contract

3 days

Plaintiff’s award $227,000; Plaintiff's last demand $550,000.

2004

GA

State Court of Fulton County

Samford et al. v. Kauffman Tire et al.

Negligent Maintenance and Failure to Warn Claim

1 day

Settled on first day of trial for amount of Defendant’s pre-existing settlement offer.

2004

TN

Shelby County State Court

Washington, et. al. v. ServiceMaster DHS, LP

Nursing Home Malpractice; Wrongful Death

2.5 weeks

Mistrial granted at Defendant’s request; then settled for less than Defendant’s pre-trial offer.

2004

GA

Baldwin County Superior Court

Tamayo v. Hull Storey

Personal Injury

1 day

Settled at trial for one-seventh of Plaintiff’s original demand.

2003

WY

U.S. District Court

Williams v. Vail Resorts

Wrongful Death; Brain Injury

23 days

Plaintiff’s verdict $8.312 million; Plaintiff’s demand lowered from $145 million to $60 million during trial; Defendant’s offer $19 million.

2003

AL

Baldwin County Circuit Court

Daniel v. Snap Products

Products Liability; Explosion and Wrongful Death

3.5 weeks

Clear liability; Plaintiff’s verdict below Defendant’s offer.

2003

FL

11th Circuit Court of Dade County

Norbert Klein & Helga Klein v. Gonzalo Yanez, M.D., P.A.

Medical malpractice – failure to diagnose heart problem

7 days

Defense Verdict

2003

FL

11th Circuit Court of Dade County

Malka Fink, a minor, et. al. v. Dina Chung, M.D., P.A.

Medical malpractice – severe brain injury to newborn; economic damages in excess of $11,000,000

7 days

Defense Verdict

2003

FL

11th Circuit Court of Dade County

Yaffa Raviv v. J. Howell Tiller, M.D.

Medical malpractice – plastic surgery

4 days

$162,500.00. (less than
plaintiff’s settlement demand)

2003

FL

11th Circuit Court of Dade County

Gloria Delgado v. Victor Beraja, M.D.

Medical malpractice – plastic surgery

5 days

Defense Verdict

2002

FL

16th Circuit Court of Monroe County

John Darbie v. William Chambers, D.O.

Medical malpractice

13 days

Defense Verdict

2003

OH

Columbus Circuit Court

Roberts v. Hendrix Manufacturing

Products Liability; Wrongful Death

3 weeks

Defense verdict; $10 million demand.

2003

GA

Fulton County State Court

Adams v. Huber

Premises Liability: mining company death of 60-year-old female

2 weeks

Plaintiff’s verdict for $550,000 – exactly half of our pre-trial offer.

2003

MI

Muskegon County Circuit Court

Dow Argosciences v. Lomac Chemical Co.

Breach of Contract; Negligence

3 weeks

Favorable settlement before verdict­­ – 40% of mediation award and 30% of pre-trial demand.

2003

FL

Monroe County Circuit Court

Snodgrass v. Synagro of Florida and Nance

Personal Injury

3 days

Settled mid-trial for significantly less than settlement demand.

2003

GA

DeKalb County State Court

Henderson v. Morton

Personal Injury

4 days

Plaintiff’s (our client) verdict.

2003

GA

Henry County State Court

Moore v. Henry Medical Center

Medical Malpractice

2 days

Settled mid-trial for less than settlement demand.

2003

TN

U.S. District Court, Eastern District

All-American Built, Inc. v. Alcon Associates, Inc.

Construction Defect

9 days

Defense verdict.

2003

GA

Paulding County Superior Court

Moses v. Wellstar Paulding Hospital

Medical Malpractice: 4 deaths, 5 injuries

2 weeks

Defense verdict; demand $4 million.

2003

GA

Fulton County State Court

Davis v. Reid, M.D.

Medical Malpractice

5 days

Defense verdict; demand $600,000.

2003

GA

Cobb County State Court

Womack v. Pham, M.D., et al.

Medical Malpractice

8 days

Plaintiff’s verdict (our client) $5.4 million.

2003

NY

U.S. District Court, Southern District

Figueroa v. Boston Scientific Corp.

Medical Device

5 days

Defense verdict.

2003

GA

Fulton County State Court

Scott v. Team Dodge of Stone Mountain

Breach of Warranty

2 days

Defense verdict.

2003

GA

Fulton County Superior Court

EllisDon v. Bryson Constructors

Breach of Contract

3 days

Plaintiff’s award $55,000; directed verdict on Defendant’s $250,000 counterclaim.

2003

GA

Bartow County Superior Court

Durham v. Crosley, et al.

Breach of Contract

3 days

Consent order in favor of Plaintiff (our client) following trial.

2003

VA

Richmond County Circuit Court

Robert Locke v. Marvin Andrews, RTL Trucking, and Christopher King

Wrongful Death; 33-year-old working mother of two children

5 days

Admission of liability; verdict of $1.75 million – the same amount as Defendants’ last pre-trial offer and below Plaintiff’s last demand of $4 million.

2003

GA

Fulton County Superior Court

Louis Hernandez v. Lexford Properties, Inc.

Premises Liability: home invasion in high crime area resulting in the shooting of a tenant

4 days

$300,000 verdict – substantially below Plaintiff’s $4 million demand.

2003

GA

Madison County Superior Court

Vargo v. Compton

Motor Vehicle Accident

2 days

Plaintiff’s verdict $9,000.

2003

GA

Floyd County State Court

Goss v. Redmond Regional Hospital

Premises Liability

1 day

Settled first day of trial, well below pre-trial demand.

2003

GA

U.S. District Court, Northern District

Harrison v. Northwest Airlines

Discrimination

2 weeks

Defense verdict.

2003

GA

DeKalb County State Court

Smith v. Crawford Long Hospital

Negligence

3 days

Hung jury; settled for 1/18th of Plaintiff’s last demand.

2003

GA

Cobb County State Court

Michael Kolar v. Waste Management, Inc.

Trucking

3 days

Defense verdict.

2003

GA

Richmond County Superior Court

Erlein v. Doctors Hospital of Augusta (HCA)

Medical Malpractice

1 week

Plaintiff’s verdict $145,000 – less than Plaintiff’s settlement demand during trial.

2003

GA

Bartow County Superior Court

Tankersly v. Cartersville Medical Center

Medical Malpractice: death of fetus

2 days

Dismissed by Plaintiff without prejudice.

2003

GA

Gwinnett County State Court

Luis v. Siegel, M.D.

Medical Malpractice: delay in abscess diagnosis

5 days

Defense verdict.

2003

GA

Fulton County State Court

Minnie Lee Brown v. Doctors Hospital

Medical Malpractice

7 days

Defense verdict.

2003

GA

Fulton County State Court

Blasingame v. Payne, M.D.

Medical Malpractice

5 days

Plaintiff’s verdict; settled while on appeal for less than judgment.

2003

GA

Fulton County State Court

Williamson v. Mitchell, M.D., et al.

Wrongful Death; Medical Malpractice: failure to diagnose abscess

7 days

Plaintiff’s verdict against our client and co-defendant.

2002

GA

Fulton County State Court

Knight v. West Paces Ferry Hospital

Medical Malpractice

8 days

Directed verdict for Defendant; $1 million in special damages. See also second trial in 2005.

2002

NV

District Court, Clark County

Lehrer, McGovern, Bovis, Inc. v. Venetian Casino Resort LLC

Construction; Breach of Contract

9 months

Plaintiff’s verdict – 40% of Plaintiff’s final pre-trial demand.

2002

GA

DeKalb County State Court

Marte v. United Waste Services, Inc.

Truck Accident: traumatic brain injury

4 days

Plaintiff’s verdict $1.3 million; demand $4 million; offer $2 million.

2002

GA

Fulton County State Court

Benjamin v. Kennestone Hospital

Medical Malpractice; Wrongful Death

3 weeks

Defense verdict for our Physician; Plaintiff’s verdict $12.5 million against Co-defendant.

2002

GA

Rockdale County Superior Court

Philips v. Rockdale Hospital

Medical Malpractice: Plaintiff in permanent semi-coma

2 weeks

Defense verdict for our client (the hospital) and a hung jury for the physician Defendant.

2002

GA

Paulding County Superior Court

Michael Jordan v. Johanna & Timothy Womack

Motor Vehicle Accident

2 days

Defense verdict.

2002

GA

Laurens County State Court

Henderson v. Fairview Park Hospital

Premises Liability

2 days

Defense verdict.

2002

OH

Franklin County Circuit Court

American Select Insurance Co. v. Koorsen Fire Protection

Defense of fire loss; Property Damage

3 weeks

Plaintiff’s verdict (our client) $580,000.

2002

GA

Cobb County State Court

Williford v. AutoNation d/b/a Sutherland Chrysler-Plymouth

Fraud; Breach of Contract

2 days

Defense verdict.

2002

FL

6th Judicial Circuit, Pinellas County Court

Florio v. Bally’s

Personal Injury; Back Injury

4 weeks

Plaintiff’s verdict $900,000; demand $8 million; offer $1.5 million.

2002

GA

Gwinnett County State Court

Jennings v. TGM Partners, LLC

Wrongful Death

2 weeks

Plaintiff’s verdict; settled on appeal.

2002

GA

Floyd County State Court

Groover v. Redmond Regional Medical Center

Medical Malpractice: Plaintiff in permanent vegetative state

7 days

Settled mid-trial.

2002

GA

Fulton County State Court

Lawler v. Cresco Lines

Wrongful Death

4 days

Third mistrial; subsequently settled.

2002

PA

Court of Common Pleas, Philadelphia

Jackson v. Boston Scientific Corp.

Medical Device

8 days

Plaintiff’s verdict.

2002

NV

Clark County Court

Stayton v. Northwest Pipe

Wrongful Deaths (6): Tractor-trailer accident

4 days

Case settled mid-trial significantly below pre-trial demand.

2002

GA

Fulton County State Court

Turner v. Crawford Long Hospital

Medical Malpractice

6 days

Defense verdict.

2002

TN

Madison County Circuit Court

Ross v. Eck Miller & Engum

Tractor-trailer accident

5 days

Admission of liability; favorably settled on appeal.

2002

GA

Construction Arbitration Association

John and Diane Norton v. Osley Builders, Inc.

Construction

1 day

Defense verdict; award to Defendant on counterclaim.

2002

TN

U.S. District Court, Eastern District

Steve McKelvie and Jim Bellock v. Ameritruck, Inc.

Tractor-trailer: traumatic brain injury to one Plaintiff and significant orthopedic injuries to another

5 days

$2.1 million verdict; $1 million less than Plaintiffs’ last demand.

2002

TN

U.S. District Court, Middle District

Diane Coggins v. Stewart Foy and KLLM, Inc.

Wrongful Death:

17-year-old female’s vehicle rear-ended by tractor-trailer, causing decedent’s fuel tank to rupture and explode.

10 days

$5.3 million verdict, $2 million less than last demand.

2002

GA

Cobb County State Court

Mobley v. Universal Management Co.

Intentional Tort; Malicious Prosecution; False Arrest

1 week

Defense verdict.

2002

TN

Madison County Circuit Court

State of Tennessee v. Clifford

Murder

2 days

Pled to lesser charge on second day of trial.

2002

GA

Douglas County Superior Court

State of Georgia v. David West

Aggravated Assault on Police Officer

1 week

Acquittal.

2002

GA

U.S. District Court, Northern District

Fulton-DeKalb Hospital Authority v. Kanawha Healthcare Solutions, Inc.

Negligent Misrepresentation

3 days

Defense verdict.

2002

PA

Court of Common Pleas

Yankosky v. Reading Crane

Wrongful Death

2 days

Favorably settled mid-trial for $4.1 million.

2002

GA

U.S. District Court, Northern District

Martinez v. Boydston, M.D.

Medical Malpractice: brain damaged child

5 days

Defense verdict for two physicians.

2002

GA

Rockdale County Superior Court

Phillips v. Rogers, M.D.

Medical Malpractice: brain damage following surgery

7 days

Hung jury.

2002

GA

Clayton County State Court

Hines v. Arshad, M.D.

Medical Malpractice: fetal death

4 days

Defense verdict.

2002

GA

Bibb County State Court

Thompson v. Thompson, M.D.

Medical Malpractice

4 days

Defense verdict.

2002

GA

Fulton County State Court

Wert v. Godfrey, M.D.

Medical Malpractice

9 days

Defense verdict.

2002

GA

American Arbitration Association

Walsh v. Fuqua Construction

Construction defect

1 day

Award returned for less than Plaintiff’s last demand.

2002

GA

American Arbitration Association

The Coca-Cola Bottling Company v. Blimpie Subs & Salads

Breach of Contract

2 days

Received substantial award on behalf of Claimant (our client).

2001-2002

NV

American Arbitration Association

Lehrer McGovern Bovis, Inc. v. Venetian Casino Resort, LLC

Breach of Contract: CCDs 139, 155 and 156

22 days

Claimant’s claim $3,402,550; award $938,718.

2001

GA

Cobb County State Court

Pierce v. Jerdan, M.D.

Medical Malpractice: misdiagnosis of cancer for 6-year-old boy with significant growth retardation and deformity from radiation and cancer

3 weeks

Plaintiff’s verdict $770,000 – 1/10th of last demand; $8 million demand while the jury was out with a $5 million offer by Defendant just before verdict returned.

2001

FL

11th Circuit Court of Dade County

Nelson Morales v. Andrew Schmer, D.C.

Medical malpractice

4 days

Defense Verdict

2001

GA

Cobb County Superior Court

Farr v. Kleiman, M.D.

Medical Malpractice; Wrongful Death: 24-year-old mother

2 weeks

Defense verdict; $2 million demand.

2001

GA

Clayton County State Court

Jordan v. AutoNation

Breach of Contract

2 days

Defense verdict.

2001

IL

U.S. District Court, Eastern District

Hicks v. Boston Scientific Corp.

Medical Device

5 days

Defense verdict.

2001

CA

King County Circuit Court

Williams v. Boston Scientific Corp.

Medical Device

9 days

Defense verdict.

2001

KY

Bullitt County Circuit Court

Fritsch v. MHF Express, Inc.

Personal Injury

1 week

Mistrial; settled before second trial.

2001

AL

Jefferson County Circuit Court

Coleman v. Boyd Brothers

Tractor-trailer; Severe Brain Damage

2 weeks

Plaintiff’s verdict $500,000; Plaintiff’s demand $15.5 million; verdict less than Defendant’s offer.

2001

GA

Cobb County State Court

Kloninger v. AutoNation

Personal Injury

5 days

Plaintiff’s verdict below settlement demand.

2001

GA

DeKalb County State Court

Jones v. Tsakiris, M.D.

Medical Malpractice

1 week

Defense verdict.

2001

GA

Fulton County State Court

Lawler v. Cresco Lines

Wrongful Death

3 days

Two mistrials in three days.

2001

AL

Claire County Circuit Court

Boyd v. Southern Haulers

Personal Injury

1 week

Plaintiff’s verdict.

2001

GA

Fulton County State Court

Arriola v. Starwood Hotels & Resorts

Premises Liability

2 weeks

Plaintiff’s verdict $435,000; Defense offered $1.2 million prior to our Entry of Appearance.

2001

UT

U.S. District Court

Gallegos v. Dick Simon Trucking

Tractor-trailer Accident; Wrongful Deaths (2); Brain Damage

3.5 weeks

Plaintiff’s verdict $15.8 million; admission of liability; verdict less than Plaintiff’s settlement demand; reversed on appeal.

2001

GA

Cobb County Superior Court

Fallon v. Fallon

Divorce

1 day

Defense verdict; relief sought by client awarded.

2001

GA

Fulton County Superior Court

Ryan Kodadek v. Northlake Regional Medical Center and Dr. Joseph Liberman

Medical Malpractice: suture needle left in patient

4 days

Plaintiff’s verdict $35,000 verdict – $450,000 less than Plaintiff’s last demand.

2001

GA

Fulton County State Court

Clark v. Gordon

Motor Vehicle Accident

2 days

Settled favorably.

2001

GA

Hall County Superior Court

Wallis v. Lanier Park Hospital

Medical Malpractice

4 days

Admission of liability; settled while on appeal for half of Plaintiff’s last pre-verdict demand.

2001

GA

Fulton County State Court

Richardson v. Manor Care

Nursing Home Malpractice; Wrongful Death

5 days

Plaintiff’s verdict.

2001

GA

Gwinnett County State Court

Wing v. Arora, M.D.

Wrongful Death: child

4 days

Favorably settled.

2001

GA

Fulton County State Court

Gilmore v. Franklin, M.D., et al.

Medical Malpractice

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