June 1, 2017 – Confidential Settlement for little girl who was seriously injured due to gross neglect and carelessness of treating physician.
Sandford v Warnock ($14,550,000 Verdict)
State Court of Douglas County, February 23, 2017. Defendant was driving a Directv van when he ran double stop signs while talking on a cell phone, causing a violent collision with Plaintiff Eddy Sandford's pickup which had the right of way on an intersecting roadway. Mr. Sandford suffered severe traumatic brain injuries, a broken neck, required cervical fusion surgery & developed cardiac complications to his heart. He will never work again & lost his successful transmission shop business. His wife, Tina, suffered tremendous damage to their marital relationship, which under the law is called loss of consortium. Their lives have been destroyed.
John Doe & Mary Doe vs. ABC Trucking Co. (June 2013) (Case Filed In a Metro Atlanta County State Court) $2.75 million settlement: Terms Confidential. John Doe sustained serious injuries while in the process of performing his warehouse duties regarding a delivery by a driver for ABC Trucking Co. The driver was reckless in the operation of the tractor trailer. Injuries required 7 surgeries, including fusions to the cervical spine at levels C1-2 & C5-6; reconstruction of both jaws, rotator cuff surgery & oral surgeries. Mr. Doe, now 61 years old, can never return to work.
Medical expenses totaled $426,000.00.
$1,550,000.00 Settlement (September 2010) for the total of two insurance policies' limits. 87 year old woman suffered life threatening injuries when the driver of a company owned pickup ran a red light, not paying attention while on a cell phone.
Seremak vs. Weems
Insurers: State Farm and Allstate
Confidential Settlement (September 2010) 90 year old patient at an Atlanta metropolitan hospital sustained serious medical complications due to neglect which resulted in horrific decubitus ulcers at the Coccyx bone.
Confidential Settlement (September 2010) for a 68 year old lady injured at an Atlanta metropolitan hospital. She suffered permanent disabilities due to a complex fracture of the leg and foot requiring seven surgeries. She was exiting the hospital after visiting a family member when she fell down poorly lit stairs.
$1.5 million settlement (January 2010) for the total of two insurance policies' limits. 57 year old woman injured while standing on sidewalk. She was struck by an automobile which had turned left in front of oncoming traffic.
Fatmata Sow vs. Elizabeth Schnurr, et al. State Court of DeKalb County, Civil Action Number 09A01217-4
$1.1 million settlement (January 2010) Plaintiff's automobile was rear-ended by delivery van owned by an Atlanta Car Dealership. Injuries included surgery to low back and multiple herniated and bulging discs.
Case filed in State Court of Clayton County. Parties' identity confidential.
Settled the largest personal injury case in Georgia history: $15,130,000.00. Alperilla Elam, et al v. Speedway SuperAmerica, Inc., et al, Civil Action File No. 97VS-0125197H, State Court of Fulton County. (Fifteen year old girl struck and severely brain damaged by Speedway employee driving to make a deposit at the bank.
Largest wrongful death verdict for medical malpractice in Georgia history: $11,000,000.00 . Benjamin v. Kennestone Hospital, Civil Action File No. 00-VS-006570, State Court of Fulton County.
Catastrophic pain and suffering and wrongful death verdict in Clayton County, Georgia involving tractor trailer collision: $7,030,146.78. Dyke v. Russell T. Bundy Associates, Inc., Civil Action File No. 2004-CV-01211-B, State Court of Clayton County.
Settled case for severely brain injured boy due to near drowning caused by negligent lifeguards: $5,000,000.00. Confidential settlement against government entity responsible for pool.
Brenda Worthy v. Georgia Baptist Hospital and Central Anesthesia Associates Superior Court of Fulton County. $4,700,000.00 settlement for catastrophic complications during tubal ligation surgery.
Concluded malfunction of truck brakes litigation of a wrongful death case: $3,500,000.00. Julie Bearden, et al. v. Carolina Container Services, Inc., et al., Civil Action File No. 93VS78450-G, State Court of Fulton County. (Failure to maintain and repair air brake system, resulting in death. The case was brought against numerous defendants in the trucking and chassis / container industries.)
Pravesh and Nidhi Mahajan v. Debra Justice Gage and Phillip Gage, $3,500,000.00. Civil Action File Number: 05-SV-721, State Court of Coweta County.
Linda Burke v. Kennestone Hospital, et al, Civil Action File Number: 931760-04, Superior Court of Cobb County. Failure to diagnose heart attack at ER. Father died when he exited the car from trip home from hospital.
Concluded tractor trailer / pickup truck collision case resulting in head injuries: $1,650,000.00. Confidential settlement against trucking company and truck driver.
Concluded one of the largest recoveries to date for a Georgia nursing home patient: $1,500,000.00. Estate of Henry Lumpkin, et al vs. Macon Health Care Center, et al., Civil Action File No. 96-VS-0119837-J, State Court of Fulton County. (Alzheimer's patient permitted to wander repeatedly and struck by passing vehicle.)
Verdict for wrongful death case for medical malpractice for 19 year old motorcycle passenger on bike traveling 90 m.p.h.: $1,130,000.00. Fincher v. Clayton General Hospital.
Concluded intersection collision case where road construction companies created confusing traffic signals: $1,100,000.00. Confidential settlement against traffic construction companies.
Other Significant Confidential Settlements
Garry Kilgore v. Redmond Park Hospital; Harbin Clinic, Civil Action File No. 00-C-7051-1, State Court of Gwinnett County. Failure to diagnose bleeding following cardiac catheterization. Brain Injury.
Kathleen Langley v. Toyota Motor Corp., Civil Action File Nos. 99-2962-1 and 99-2963-1, Superior Court of DeKalb County. Paraplegia of 12 year old child from lack of shoulder hardness in center rear seat during front end collision.
Amy White v. MARTA, Civil Action File No. D-83858, Superior Court of Fulton County. $1,700,000.00 record verdict against MARTA bus for intersection collision. Subdural hematoma and mild brain injury.
Madeline Lauritano v. Great Oaks Nursing Home, Civil Action File No. E-4679, Superior Court of Fulton County
Conner Buchanan v. The Emory Clinic; Emory University Hospital, Civil Action File No. D-80706, Superior Court of Fulton County. Overdose of experimental drug for multiple sclerosis by hospital physician.
Phillip and Cathy Hodges, Individually and as legal guardians and next friends of Sarah Hodges, a minor child, v. Ann J. Herrera, Fulton County Administrator, as Administrator of the Estate of Lisa Piccolo, deceased, Civil Action File Number: 2005-CV-103553, Superior Court of Fulton County. Multiple party claims for massive trauma from offset frontal collision. Dram shop, product liability seatbelt and excess uninsured motorist claims.
Reported Cases in Georgia Appellate Courts
Carroll Fulmer Logistics Corporation v. Hines, 309 Ga. Appl. 695 (2011)
Dix v. Shadeed, 261 Ga. App. 145 (Ga. Ct. App. 2003)
Eubanks v. BellSouth Telcoms., Inc., 257 Ga. App. 803 (Ga. Ct. App. 2002)
Farrie v. McCall, 256 Ga. App. 446 (Ga. Ct. App. 2002)
Anderson v. Martin Marietta Materials, Inc., 255 Ga. App. 844 (Ga. Ct. App. 2002)
Johnson v. Riverdale Anesthesia Assocs., P.C., 275 Ga. 240 (Ga. 2002); Johnson v. Riverdale Anesthesia Assocs., P.C., 249 Ga. App. 152 (Ga. Ct. App. 2001)
Saunders v. Martin Marietta Materials, 104 F.3d 372 (11th Cir. 1996)
Cullen v. Novak, 201 Ga. App. 459 (Ga. Ct. App. 1991)
Ledbetter v. Delight Wholesale Co., 191 Ga. App. 64 (Ga. Ct. App. 1989)
Chapman v. Burks, 183 Ga. App. 103 (Ga. Ct. App. 1987)
Negelow v. Mouyal, 178 Ga. App. 53 (Ga. Ct. App. 1986)
Biggs v. Brannon Square Associates, 174 Ga. App. 13 (Ga. Ct. App. 1985)
Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728 (Ga. 1985); Central Anesthesia Associates P.C. v. Worthy, 173 Ga. App. 150 (Ga. Ct. App. 1984)
Saf-T-Green of Atlanta, Inc. v. Lazenby Sprinkler Co., 169 Ga. App. 249 (Ga. Ct. App. 1983)
Presser v. Rayner, 166 Ga. App. 633 (Ga. Ct. App. 1983)
Cobb County v. Hunt, 166 Ga. App. 409 (Ga. Ct. App. 1983)
Nuu Co., 165 Ga. App. 345 (Ga. Ct. App. 1983);
Nalley v. Select Ins. Co., 251 Ga. 722 (Ga. 1983)
Wren v. Harrison, 165 Ga. App. 847 (#a. Ct. App. 1983)
Barge & Co. v. Employers Mut. Liability Ins. Co., 163 Ga. App. 573 (Ga. Ct. App. 1982)
Truelove v. Wilson, 159 Ga. App. 906 (Ga. Ct. App. 1981)
Hennessy v. Webb, 245 Ga. 329 (Ga. 1980)
Commercial Union Ins. Co. v. Insurance Co. of North America, 155 Ga. App. 786 (Ga. Ct. App. 1980)
McCoy Enterprises v. Vaughn, 154 Ga. App. 471 (Ga. Ct. App. 1980)
CHAUTIN v. McNEIL REAL ESTATE FUND VI, Ltd., 1980 U.S.#Dist. LEXIS 12089 (D. Ga. 1980)
Nunnally v. Trust Co. Bank, 244 Ga. 697 (Ga. 1979)
Kellett v. Stanley, 153 Ga. App. 854 (Ga. Ct. App. 1980)
Abney v. London Iron & Metal Co., 152 Ga. App. 238 (Ga. Ct. App. 1979)
Patterson v. Commercial Union Ins. Co., 151 Ga. App. 86 (Ga. Ct. App. 1979)
Page v. Holiday Inns, Inc., 245 Ga,m. 12 (Ga. 1980); Holiday Inns, Inc. v. Page, 151 Ga. App. 55 (Ga. Ct. App. 1979)
Tanner v. Ayer, 150 Ga. App. 709 (Ga. Ct. App. 1979)
Peters v. Dealer Supply Co., 150 Ga. App. 657 (Ga. Ct. App. 1979)
Grimes v. Roe, 242 Ga. 669 (Ga. 1978); Roe v. Grimes, 146 Ga. App. 297 (Ga. Ct. App. 1978)
Nager v. Lad'N Dad Slacks, 148 Ga. App. 401 (Ga. Ct. App. 1978)
Ricker v. Hopkins Chevrolet, Inc., 147 Ga. App. 358 (Ga. Ct. App. 1978)
Ira H. Hardin Co. v. Martin Associates, Inc., 147 Ga. App. 49 (Ga. Ct. App. 1978)
Woods v. Andersen, 145 Ga. App. 492 (Ga. Ct. App. 1978)
McBroom v. Zevallos, 145 Ga. App. 375 (Ga. Ct. App. 1978)
Kickasola v. Jim Wallace Oil Co., 144 Ga. App. 758 (Ga. Ct. App. 1978)