Trials & Arbitrations 1999 - Present
| Year |
State |
Venue |
Style |
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 |
|
|
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 |
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 |
|
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, |
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 |
|
|
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 |
|
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 |
|
Woods v. |
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
|
Dispute regarding design and construction of multi-use
development that failed to meet |
2 weeks |
Arbitration award on claims of $2.1 million – 100% of what we sought |
| 2005 |
NV |
|
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 |
|
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 |
|
Knight v. |
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 |
|
Heflin v. Goodman & AutoNation, et al. |
Malicious prosecution |
2 days |
Directed verdict as to all causes of action. |
| 2005 |
TN |
|
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 |
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 |
|
Gouge v. |
Medical Malpractice |
4 days |
Defense verdict. |
| 2005 |
MI |
|
|
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 |
|
Custer v. Terex Corp. |
Wrongful Death |
1 week |
Plaintiff’s verdict $150,000; Judge subsequently granted JNOV. |
| 2005 |
MO |
|
Taliaferro v. |
Wrongful Death |
8 days |
Plaintiff’s verdict; case settled pursuant to a high/low agreement for $3 million less than verdict. |
| 2005 |
GA |
|
Linda and Don Villyard v. |
Medical Malpractice |
4 days |
Defense verdict. |
| 2005 |
NV |
|
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 |
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 |
|
Zetlan v. |
Wrongful Death; Medical Malpractice |
4 days |
Admission of liability; verdict $1.1 million; Plaintiff’s demand $7.2 million. |
| 2005 |
GA |
|
Luther v. Historic Homes |
Construction Defect |
3 days |
Admission of liability; Plaintiff’s demand $200,000; Plaintiff’s award $38,000. |
| 2005 |
GA |
|
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 |
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 |
|
Elvin Johnson, et. al. v. |
Nursing Home; Alleged Assault |
9 days |
Settled on last day of trial before closing for substantially less than Plaintiff’s demand. |
| 2005 |
NC |
|
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 |
|
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 |
|
Construction defect |
1 day |
Plaintiff awarded one-third of what she sought. |
| 2005 |
FL |
Securities Arbitration before NASD |
Carter v. Banc of |
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 |
|
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 |
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 |
|
Daniel v. |
Medical Malpractice |
4 days |
Plaintiff’s verdict for $3.75 million; admission of liability in case; appeal pending. |
| 2004 |
GA |
|
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 |
|
Moss v. U-Haul Corp. |
Product Liability: four deaths and brain damaged paraplegic child |
7 days |
Mistrial. |
| 2004 |
NC |
Wake |
Hammel v. USF Dugan |
Tractor-trailer Accident; Brain Damage |
10 days |
Admission of liability; verdict $6 million; appeal pending. |
| 2004 |
GA |
Crisp |
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 |
|
McCullough v. Western Geco, LLP and Trek International Safaris, Inc. |
Wrongful Death |
9 days |
Defense verdict. |
| 2004 |
GA |
American Arbitration Association, |
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 |
|
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 |
|
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, |
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 |
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 |
|
Roderique v. Kolb |
Defamation |
1 week |
Plaintiff’s verdict $70,000; Plaintiff’s demand $250,000. |
| 2004 |
GA |
|
Stricker v. Thompson |
Domestic/Modification |
1 day |
Defense verdict; relief sought by client awarded. |
| 2004 |
SC |
SC Office of State Engineer |
EllisDon v. |
Breach of Contract |
7 days |
$2.2 million claim; appeal pending. |
| 2004 |
GA |
|
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 |
|
Woods v. Gordon, M.D. |
Medical Malpractice |
4 days |
Defense verdict. |
| 2004 |
GA |
|
Sinclair v. |
Medical Malpractice |
5 days |
Defense verdict. |
| 2004 |
GA |
|
Castleberry v. |
Premises Liability |
3 days |
Plaintiff’s award $41,000; last demand $950,000. |
| 2004 |
GA |
|
Shari MacDonald v. Northpoint Ford |
Personal Injury |
2 days |
Admission of liability; verdict less than last offer of settlement. |
| 2004 |
GA |
|
Bullock v. Lynn, M.D. |
Dental Malpractice |
3 days |
Settled immediately prior to jury verdict. |
| 2004 |
GA |
|
Martin v. Bolton Enterprises |
Personal Injury; Truck Accident |
2 days |
Defense verdict. |
| 2004 |
FL |
11th Judicial Circuit, |
Negrin-Perez v. |
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 |
|
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 |
|
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 |
|
Tamayo v. |
Personal Injury |
1 day |
Settled at trial for one-seventh of Plaintiff’s original demand. |
| 2003 |
WY |
|
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 |
|
|
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 |
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 |
|
Roberts v. Hendrix Manufacturing |
Products Liability; Wrongful Death |
3 weeks |
Defense verdict; $10 million demand. |
| 2003 |
GA |
|
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 |
|
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 |
|
Snodgrass v. Synagro of |
Personal Injury |
3 days |
Settled mid-trial for significantly less than settlement demand. |
| 2003 |
GA |
|
|
Personal Injury |
4 days |
Plaintiff’s (our client) verdict. |
| 2003 |
GA |
|
|
Medical Malpractice |
2 days |
Settled mid-trial for less than settlement demand. |
| 2003 |
TN |
|
All-American Built, Inc. v. Alcon Associates, Inc. |
Construction Defect |
9 days |
Defense verdict. |
| 2003 |
GA |
|
Moses v. |
Medical Malpractice: 4 deaths, 5 injuries |
2 weeks |
Defense verdict; demand $4 million. |
| 2003 |
GA |
|
|
Medical Malpractice |
5 days |
Defense verdict; demand $600,000. |
| 2003 |
GA |
|
Womack v. Pham, M.D., et al. |
Medical Malpractice |
8 days |
Plaintiff’s verdict (our client) $5.4 million. |
| 2003 |
NY |
|
Figueroa v. Boston Scientific Corp. |
Medical Device |
5 days |
Defense verdict. |
| 2003 |
GA |
|
Scott v. Team Dodge of Stone Mountain |
Breach of Warranty |
2 days |
Defense verdict. |
| 2003 |
GA |
|
EllisDon v. Bryson Constructors |
Breach of Contract |
3 days |
Plaintiff’s award $55,000; directed verdict on Defendant’s $250,000 counterclaim. |
| 2003 |
GA |
|
|
Breach of Contract |
3 days |
Consent order in favor of Plaintiff (our client) following trial. |
| 2003 |
VA |
|
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 |
|
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 |
|
Vargo v. |
Motor Vehicle Accident |
2 days |
Plaintiff’s verdict $9,000. |
| 2003 |
GA |
|
Goss v. |
Premises Liability |
1 day |
Settled first day of trial, well below pre-trial demand. |
| 2003 |
GA |
|
Harrison v. Northwest Airlines |
Discrimination |
2 weeks |
Defense verdict. |
| 2003 |
GA |
|
Smith v. |
Negligence |
3 days |
Hung jury; settled for 1/18th of Plaintiff’s last demand. |
| 2003 |
GA |
|
Michael Kolar v. Waste Management, Inc. |
Trucking |
3 days |
Defense verdict. |
| 2003 |
GA |
|
Erlein v. Doctors Hospital of Augusta ( |
Medical Malpractice |
1 week |
Plaintiff’s verdict $145,000 – less than Plaintiff’s settlement demand during trial. |
| 2003 |
GA |
|
Tankersly v. |
Medical Malpractice: death of fetus |
2 days |
Dismissed by Plaintiff without prejudice. |
| 2003 |
GA |
|
Luis v. Siegel, M.D. |
Medical Malpractice: delay in abscess diagnosis |
5 days |
Defense verdict. |
| 2003 |
GA |
|
Minnie Lee Brown v. |
Medical Malpractice |
7 days |
Defense verdict. |
| 2003 |
GA |
|
Blasingame v. Payne, M.D. |
Medical Malpractice |
5 days |
Plaintiff’s verdict; settled while on appeal for less than judgment. |
| 2003 |
GA |
|
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 |
|
Knight v. |
Medical Malpractice |
8 days |
Directed verdict for Defendant; $1 million in special damages. See also second trial in 2005. |
| 2002 |
NV |
District Court, |
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 |
|
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 |
|
Benjamin v. |
Medical Malpractice; Wrongful Death |
3 weeks |
Defense verdict for our Physician; Plaintiff’s verdict $12.5 million against Co-defendant. |
| 2002 |
GA |
|
Philips v. |
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 |
|
Michael Jordan v. Johanna & Timothy Womack |
Motor Vehicle Accident |
2 days |
Defense verdict. |
| 2002 |
GA |
|
|
Premises Liability |
2 days |
Defense verdict. |
| 2002 |
OH |
|
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 |
|
Williford v. AutoNation d/b/a Sutherland Chrysler-Plymouth |
Fraud; Breach of Contract |
2 days |
Defense verdict. |
| 2002 |
FL |
6th Judicial Circuit, |
Florio v. Bally’s |
Personal Injury; Back Injury |
4 weeks |
Plaintiff’s verdict $900,000; demand $8 million; offer $1.5 million. |
| 2002 |
GA |
|
|
Wrongful Death |
2 weeks |
Plaintiff’s verdict; settled on appeal. |
| 2002 |
GA |
|
Groover v. |
Medical Malpractice: Plaintiff in permanent vegetative state |
7 days |
Settled mid-trial. |
| 2002 |
GA |
|
Lawler v. Cresco Lines |
Wrongful Death |
4 days |
Third mistrial; subsequently settled. |
| 2002 |
PA |
Court of Common Pleas, |
|
Medical Device |
8 days |
Plaintiff’s verdict. |
| 2002 |
NV |
|
Stayton v. Northwest Pipe |
Wrongful Deaths (6): Tractor-trailer accident |
4 days |
Case settled mid-trial significantly below pre-trial demand. |
| 2002 |
GA |
|
Turner v. |
Medical Malpractice |
6 days |
Defense verdict. |
| 2002 |
TN |
|
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 |
|
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 |
|
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 |
|
Mobley v. Universal Management Co. |
Intentional Tort; Malicious Prosecution; False Arrest |
1 week |
Defense verdict. |
| 2002 |
TN |
|
State of |
Murder |
2 days |
Pled to lesser charge on second day of trial. |
| 2002 |
GA |
|
State of |
Aggravated Assault on Police Officer |
1 week |
Acquittal. |
| 2002 |
GA |
|
|
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 |
|
|
Medical Malpractice: brain damaged child |
5 days |
Defense verdict for two physicians. |
| 2002 |
GA |
|
Phillips v. Rogers, M.D. |
Medical Malpractice: brain damage following surgery |
7 days |
Hung jury. |
| 2002 |
GA |
|
Hines v. Arshad, M.D. |
Medical Malpractice: fetal death |
4 days |
Defense verdict. |
| 2002 |
GA |
|
Thompson v. Thompson, M.D. |
Medical Malpractice |
4 days |
Defense verdict. |
| 2002 |
GA |
|
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 |
|
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 |
|
Farr v. Kleiman, M.D. |
Medical Malpractice; Wrongful Death: 24-year-old mother |
2 weeks |
Defense verdict; $2 million demand. |
| 2001 |
GA |
|
|
Breach of Contract |
2 days |
Defense verdict. |
| 2001 |
IL |
|
Hicks v. |
Medical Device |
5 days |
Defense verdict. |
| 2001 |
CA |
King County Circuit Court |
Williams v. |
Medical Device |
9 days |
Defense verdict. |
| 2001 |
KY |
|
Fritsch v. MHF Express, Inc. |
Personal Injury |
1 week |
Mistrial; settled before second trial. |
| 2001 |
|
|
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 |
|
Kloninger v. AutoNation |
Personal Injury |
5 days |
Plaintiff’s verdict below settlement demand. |
| 2001 |
GA |
|
Jones v. Tsakiris, M.D. |
Medical Malpractice |
1 week |
Defense verdict. |
| 2001 |
GA |
|
Lawler v. Cresco Lines |
Wrongful Death |
3 days |
Two mistrials in three days. |
| 2001 |
|
|
Boyd v. Southern Haulers |
Personal Injury |
1 week |
Plaintiff’s verdict. |
| 2001 |
GA |
|
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 |
|
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 |
|
Fallon v. Fallon |
Divorce |
1 day |
Defense verdict; relief sought by client awarded. |
| 2001 |
GA |
|
Ryan Kodadek v. |
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 |
|
Clark v. Gordon |
Motor Vehicle Accident |
2 days |
Settled favorably. |
| 2001 |
GA |
|
Wallis v. |
Medical Malpractice |
4 days |
Admission of liability; settled while on appeal for half of Plaintiff’s last pre-verdict demand. |
| 2001 |
GA |
|
|
Nursing Home Malpractice; Wrongful Death |
5 days |
Plaintiff’s verdict. |
| 2001 |
GA |
|
Wing v. Arora, M.D. |
Wrongful Death: child |
4 days |
Favorably settled. |
| 2001 |
GA |
|
Gilmore v. Franklin, M.D., et al. |
Medical Malpractice < |
