your essential guide to case evaluation since 1987dev.jvra.com/sample_edition/georgia.pdfkroger wins...

NOTABLE DECISIONS

$400,000Electrician Settles withPostal Worker Shocked onLoading Dock ................4

$400,00019 Year Old Driver WhoSuffered Ankle FracturesReceives Award .............5

$1,000,000City of Hampton Settleswith Estate of WomanKilled During Pursuit ......7

Defense VerdictPool Hall Owners Prevail onSecurity Claim FollowingDeadly Shooting ..........12

$604,405White Strip Club EmployeesClaiming DiscriminationReceive Judgment........17

Defense VerdictKroger Wins Lawsuit byCustomer Who AllegedlyFell in Chicken Blood....27

CONTENTS

Court Index...................2Case Summaries.............4Attorneys ....................30Judges ........................31Expert Witnesses .........31

Volume 19 Issue 12

THE GEORGIA TRIAL REPORTERYour Essential Guide To Case Evaluation Since 1987

BY CAROL MEIROW

AGwinnett County StateCourt jury returned adefense verdict in a

medical malpractice caseinvolving the death of aman who was diag-nosed with acute pan-creatitis.

Plaintiff’sdecedent, Troy Moon,presented with abdomi-nal complaints toGwinnett Medical Center onNovember 26, 2000. He wasseen in the emergency roomand was discharged home thatmorning. He returned later inthe evening with complaints ofincreased abdominal pain andwas treated by DefendantRonald Reagan, M.D.

Defendant Reagan wasemployed by DefendantGwinnett EmergencySpecialists, P.C. Dr. Reaganordered a CT scan, which con-firmed acute pancreatitis. He

treated decedent withpain medications, IVfluids and instructedhim to follow-up thenext morning with agastroenterologist.He also told decedentto get plenty of rest

and gave dietary instructionsthat included drinking plenty offluids. Decedent presented to agastroenterologist as orderedon November 27 and wasimmediately sent back to theemergency department atGwinnett Medical Center. Thistime he was seen by a different

physician who admitted him tothe ICU. He was aggressivelytreated for acute pancreatitis.He developed necrotizing pan-creatitis and sustained multipleorgan failure. Mr. Moon died10 days later.

Plaintiff alleged thestandard of care requireddefendant physician to admitdecedent to the hospital after aconfirmed diagnosis of acutepancreatitis. Plaintiff arguedthat, had decedent been admit-ted to the hospital at his secondemergency room presentation,he would have been aggres-sively re-hydrated and wouldnot have died.

Defendant Reagancontended that decedent couldbe safely discharged for closefollow-up as an outpatientsince his pain was controlled,he was able to tolerate oral flu-ids and there was no evidenceof organ failure.

INJURIES: Acute pancreatitiswith multiple organ failure anddeath.

VERDICT: Defense verdict.

For full details, see page 21.

Monthly Summaries of Civil Jury Verdicts From Around Georgia

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ER Doc Prevails in Malpractice CaseStandard of Care for Treating Pancreatitis Was Issue at Trial

Municipal Defendants v. All Others in Auto Death CasesMedian Verdicts & Settlements

(Defense Verdicts Omitted)Source: The Georgia Trial Reporter Since 1995

Municipal Defts.

$755,000

All Others

$1M$900K$800K

$700K

$600K$500K$400K$300K$200K$100K

0

$1,000,000

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BIBB COUNTY

Postal Employee Shocked at Work Settles withElectricianJoe A. Prince v. Service Electric, Inc. . . . . . . . . . . . . . . . . . . . . . . .4

Patient’s Estate Fails to Prove Doctor Was Liable forDeadly Blood ClotPamela Barrett Moran, Individually and as Administrator of the Estate ofTodd Barrett v. Hugh F. Smisson, III, M.D. and the Georgia NeurologicalInstitute, PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

CHATHAM COUNTY

Bilateral Ankle Fractures Net Large Award for InjuredMotoristAmber Turner v. Brittany E. Sutton and Helen Sutton . . . . . . . . . . . .5

Subrogation Damages Awarded to Vehicle InsurerAmerican Mercury Insurance Company as subrogee of Erica Hutchinson v.Kia Small and Donna Keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

CHEROKEE COUNTY

Pedestrian Struck by Motorist Loses Liability ClaimAnthony J. Fried v. Rhonda S. Lamb . . . . . . . . . . . . . . . . . . . . . . .6

CLAYTON COUNTY

High Speed Chase Turns Deadly for Innocent MotoristOlivia Banks, et al. v. The City of Hampton . . . . . . . . . . . . . . . . . .7

COBB COUNTY

Staged Auto Collision Asserted by Defense Sways JuryJean Claire Casseus, et al. v. Progressive Gulf Insurance Co. . . . . . . .7

Motorist Wins Nominal Award for Soft Tissue InjuriesAnthony Q. Brown v. Geraldine Harris . . . . . . . . . . . . . . . . . . . . . .8

Homeowner Pursues Contractor Who Failed to CompleteProjectMaggie Cooper v. Floyd M. Dillard a/k/a Dillard Construction . . . . . .9

DEKALB COUNTY

Customer Who Tripped Over Vacuum Cord Settles ClaimCharles Shaver and Mary Jane Shaver v. The Kroger Company and AnnaSanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Parties Dispute Negligence and Damages in MVA CaseDelante Green v. Sessalie Johnson . . . . . . . . . . . . . . . . . . . . . . . .10

Soft Tissue Auto Accident Injuries Yield Jury AwardLisa Moller v. John Mbaru . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

Traffic Light Malfunction Contributes to Auto CrashJonathan Harris v. Eugene Davis and Herman Zachary . . . . . . . . . .11

Auto Injury Dispute Resolves in Defendant’s FavorJoyce Harrison v. Bobby Green . . . . . . . . . . . . . . . . . . . . . . . . . .12

Pool Hall Security Challenged in Wrongful Death CaseAnn Herrera and Patricia White for the Estate of Demarko D. White v.Livia Adams, James Adams, Property Owner, Derrick Sims, and John Does1-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

FLOYD COUNTY

Wendy’s Restaurant Found Liable for Customer’s Fall onWet FloorNicole J. Duncan and Jamie D. Duncan v. Wendy’s International, Inc.,Southern Foods, Inc. and Springfield Investments, LLC . . . . . . . . . .13

FULTON COUNTY

Defective Metal Shopping Cart Rail Blamed forCustomer’s FallNancy Fox, et al. v. Staples The Office Superstore East, Staples, Inc., etal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Wendy’s Restaurant Franchise Settles Patron’s PremisesClaimRuth Stockel v. Wen-Four Food, Inc. . . . . . . . . . . . . . . . . . . . . . .15

Sudden Stop Results in Rear Impact CollisionJustin Oliver, et al. v. Auto Zone Stores, Inc., et al. . . . . . . . . . . . .15

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C O U R T I N D E X


Motorcyclist Awarded Damages for Injuries in I-85CrashKevin McGloin v. Mehandra Ramsingh and Aileen Aponte . . . . . . . .16

Muslim Woman Settles Religious Discrimination ClaimEEOC v. AAA Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

White Strip Club Employees Receive Judgment on RaceDiscrimination ClaimJason Zelonka, Dawn Simpson, Diane Lee and Alan Mandell v. GalardiSouth Enterprises, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Employee Denied Use of Headdress SettlesDiscrimination CaseEEOC v. Racetrac Petroleum, Inc. . . . . . . . . . . . . . . . . . . . . . . . . .18

HVAC Technician Accepts Settlement for DebilitatingLeg InjuriesTony K. Pyle v. Schneider National Carrier, Inc., Kevin L. Warner andLiberty Mutual, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

GLYNN COUNTY

Assault and Battery Case Resolves by SettlementTimothy J. Davis v. William Pickren and A & B Electric Company . . .20

Flying Bottle is Costly for Bar OwnerBruce L. Stanfield v. Mulligan’s Bar & Grill and Ray Woodcock . . . . .20

GWINNETT COUNTY

Knee Injury Causation Disputed at MVA TrialBahli Mullins v. Ed Voyles Automotive Group, Inc., et al. . . . . . . . .21

Pancreatitis Death Sparks Malpractice AllegationsTerrie Moon, Administrator of the Estate of Troy Moon, Deceased v.Gwinnett Emergency Specialists, PC and Ronald Reagan, M.D. . . . . .21

Subrogation Claim for Payment of Worker’s CompBenefits Fails at TrialBellSouth Telecommunications and Broadspire National Services onBehalf of Steve Atha v. State Farm Fire and Casualty Company and LarryThompson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

HALL COUNTY

Automotive Store Not Liable for Customer’s FallJerry M. Reed, et al. v. AutoZone Stores, Inc. i/n/a AutoZone Inc. . .23

Defense Verdict in Case Involving Flooding of PrivatePropertyMelissa Reidling and Buncom Lightsey d/b/a/ Downtown Properties v.Georgia Department of Transportation and City of Gainesville . . . . .26

Admitted Liability Auto Case Ends with Defense VerdictBrandi Clackum and Michael Clackum v. Sandra K. McWilliams . . . . .26

RICHMOND COUNTY

Customer Blames Chicken Blood on Floor for FallAnita D. Newton v. The Kroger Company . . . . . . . . . . . . . . . . . . . .27

ROCKDALE COUNTY

Impeachment of Testimony Regarding Prior Auto CrashAffects Jury AwardAtiya J. West v. Edward M. Collins and Tim Collins . . . . . . . . . . . . .27

Driver Rear-Ended at Stop Sign Fails to Prove InjuriesJudy Rodgers v. Katie Lee Treadwell . . . . . . . . . . . . . . . . . . . . . . .28

GEICO Receives Declaratory Judgment in InsuranceDisputeGEICO General Insurance Company v. Lisa Marie Shamp-Martin, RobertLee Martin and Cody Bennett . . . . . . . . . . . . . . . . . . . . . . . . . . .29

C O U R T I N D E X

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T H E G E O R G I A T R I A L R E P O R T E R

Bibb CountyState Court

Postal Employee Shocked at Work

Settles with Electrician

Case Caption:Joe A. Prince v. Service Electric, Inc.

Settlement: $400,000

Judge: William P. AdamsADAMS, WILLIAM P.

Settlement Date: 1/24/2008

Attorneys:Plaintiff: Peter A. Law, Atlanta

Tommy C. Mann, MaconE. Michael Moran, Atlanta

Defendant: Wallace Miller III, MaconLAW, PETER A.MANN, TOMMY C.MORAN, E. MICHAELMILLER III, WALLACE

Facts: An electrical company agreed to a $400,000 settlement ina case in which a postal service employee claimed he was shockedwhile turning on a light.

On March 22, 1998, Plaintiff Joe Prince received an electricalshock while switching on a light in a loading dock. DefendantService Electric, Inc. had performed the wiring at the dock.

Plaintiff alleged defendant was negligent in the wiring work per-formed at the loading dock, resulting in an electrical shock whenhe attempted to turn on a light. Plaintiff claimed nerve damage andnumbness due to the shock. He also claimed he suffered a herni-ated disc in his back.

Defendant contended that there was less than 1 amp in the switchand no damages could have been sustained.

Plaintiff Profile: Plaintiff was a 50 year old male employed bythe United States Postal Service.

Alleged Injury: Electrical shock resulting in nerve damage andnumbness in the right hand and arm. Plaintiff also sustained a her-niated disc in his back. He did not require surgery as a result of thedisc herniation. Plaintiff claimed a permanent impairment, but wasable to return to work.

Case Number: 48133

Bibb CountyState Court

Patient’s Estate Fails to Prove Doctor

Was Liable for Deadly Blood Clot

Case Caption:Pamela Barrett Moran, Individually and as Administrator of theEstate of Todd Barrett v. Hugh F. Smisson, III, M.D. and theGeorgia Neurological Institute, PA

Verdict: Defense verdict

Judge: William P. AdamsADAMS, WILLIAM P.

Date of Verdict: 2/22/2008

Attorneys:Plaintiff: Eric J. Hertz, Tucker

Houston D. Smith III, TuckerAdrienne P. Hobbs, Atlanta

Defendant: John C. Edwards, MaconRichard A. Epps Jr., Macon

HERTZ, ERIC J.SMITH III, HOUSTON D.HOBBS, ADRIENNE P.EDWARDS, JOHN C.EPPS JR., RICHARD A.

Facts: A wrongful death case was presented to a Bibb Countyjury. The case involved a question as to whether a doctor’s failureto prescribe a blood thinner following surgery was a violation ofthe standard of care and contributed to a man’s death from a pul-monary embolism. The jury returned a defense verdict after 50minutes of deliberation

Plaintiff’s decedent, Todd Barrett, presented to the MedicalCenter of Central Georgia for back surgery on November 2, 2000.Defendant Hugh F. Smisson, III, M.D. of Defendant GeorgiaNeurological Institute, PA performed the surgery. Following thesurgery, Defendant Smisson ordered ambulation and compressiondevices as a way to prevent blood clots. Decedent was ambulato-ry for the first five post-op days until Defendant Smisson suspect-ed the patient might have developed diskitis at the level of the sur-gery and ordered certain tests, including a needle aspiration biop-sy. Decedent was placed on strict bed rest pending results of thecultures of the needle aspiration biopsy. However, at around 5:30a.m. on November 13, decedent got out of bed to go to the bath-room and developed a blood clot that traveled to his lungs. Hedied as a result of the embolism.

Plaintiff alleged Defendant Smisson was negligent in failing touse Heparin, a blood thinner, to prevent the development of blood




clots. Plaintiff presented medical expert testimony that the failureto prescribe Heparin was a violation in the standard of care.

Defendants contended that Defendant Smisson’s care of decedentwas within all acceptable standards and Defendant Smisson wasnot negligent. In particular, defendants contended that the risk ofbleeding at the surgical site from administration of a blood thin-ner, which could cause a hematoma resulting in paralysis, out-weighed the risk of the patient developing a pulmonary embolus.Defendants argued that at no time did the patient exhibit any signsof a DVT or a pulmonary embolus. Defendants also argued thatdecedent was non-compliant in wearing his stocking and com-pression devices at all times as ordered by Defendant Smisson andhe got out of bed on the morning of November 13 against doctor’sorders.

Plaintiff Profile: Plaintiff’s decedent was a 39 year old male.

Alleged Injury: Post-surgical pulmonary embolism resulting indeath. Plaintiff sought $4,000,000 in damages.

Jury Deliberations: 50 minutes

Insurance Carrier: MAG Mutual

Case Number: 52498

Chatham CountyState Court

Bilateral Ankle Fractures Net Large

Award for Injured Motorist

Case Caption:Amber Turner v. Brittany E. Sutton and Helen Sutton

Verdict: $400,000 plus interest for a totaljudgment of approximately $470,000.

Judge: Ronald E. GinsbergGINSBERG, RONALD E.


Attorneys:Plaintiff: Robert Bartley Turner, Savannah

Defendant: Mark H. Glidewell, SavannahTURNER, ROBERT BARTLEYGLIDEWELL, MARK H.

Facts: A 19 year old woman fractured both of her ankles in amotor vehicle accident, a claim defendant did not dispute.

However, defendant did dispute the extent of damages plaintiffincurred. The jury awarded plaintiff $400,000 after deliberating 55minutes.

Plaintiff Amber Turner, age 19, was driving her vehicle with theright-of-way. Defendant Brittany Sutton, age 17, allegedly ran astop sign and struck plaintiff’s vehicle almost head-on. The colli-sion totaled plaintiff’s vehicle and caused significant bilateralankle fractures. Defendant Brittany initially contended she wasunable to stop due to water on the roadway, but eyewitnesses tes-tified there was no water on the road and defendant never appliedher brakes. Defendant Brittany then admitted liability for the acci-dent, but disputed plaintiff’s damages. Defendant driver’s mother,Helen Sutton, was also named as a defendant. However, Suttonwas dismissed by the Court on a Motion for Directed Verdict at theclose of plaintiff’s evidence.

Plaintiff alleged she suffered significant bilateral ankle fracturesthat left her with permanent pain and difficulty walking. Sheclaimed arthritis affected the injury and she required a cane towalk. Plaintiff was unable to return to work as a fast food restau-rant employee because she could not walk long distances or standfor long periods. She argued the accident caused a diminishedenjoyment of life and difficulty working. In closing argument,plaintiff asked for a minimum verdict of $800,000 and a maxi-mum verdict of $1,000,000.

Defendants disputed the nature and extent of plaintiff’s futurelosses, arguing that plaintiff’s heavy weight contributed to herpain and problems ambulating. Defendant also argued that plain-tiff was currently employable based upon the medical testimony ofher own physician.

Plaintiff Profile: Plaintiff was a 19 year old single femaleemployed at a fast food restaurant.

Alleged Injury: Bilateral ankle fractures that required a total offive surgeries. Plaintiff had a lengthy course of treatment and waspermanently impaired by her injuries. She claimed arthritis wasalready present and would get worse. Plaintiff was unable toreturn to work in a restaurant as she was unable to stand for longperiods or walk long distances. She was able to ambulate with acane. Plaintiff sought $129,000 in medicals, two years of lostwages, and an unspecified amount of damages for pain and suf-fering.


Settlement Efforts: Last Demand: $295,000Last Offer: $25,000 (policy limits)

Insurance Carrier: Bristol West




Expert(s):Plaintiff: N/A

Defendant: H. Clark Deriso, M.D.Orthopedist – Savannah, GA

N/ADeriso, H. Clark, M.D.

Case Number: STCV0702929

Chatham CountyState Court

Subrogation Damages Awarded to

Vehicle Insurer

Case Caption:American Mercury Insurance Company as subrogee of EricaHutchinson v. Kia Small and Donna Keys

Verdict: Bench trial resulting in plaintiff’s verdictof $9,165.

Judge: H. Gregory FowlerFOWLER, H. GREGORY


Attorneys:Plaintiff: Sara M. T. Yeager, Norcross

Defendant: Pro SeYEAGER, SARA M. T.PRO SE

Facts: An insurance company sought subrogation from defendantuninsured driver for property damage arising out of an underlyingautomobile accident. The court awarded plaintiff $9,165, the fullamount of damages sought.

Plaintiff American Mercury Insurance Company insured a vehi-cle owned and operated by Erica Hutchinson. Ms. Hutchinson wasinvolved in an automobile accident with an uninsured driver,Defendant Kia Small. Defendant Small was operating a vehicleowned by Defendant Donna Keys. Hutchinson was driving withthe right-of-way through an intersection when her car was broad-sided by defendants’ vehicle. It was undisputed that Small failedto stop for a stop sign and struck Hutchinson’s vehicle.Hutchinson’s 2001 Nissan Altima was totaled as a result of theimpact and she was reimbursed $9,165 for her property damage byher insurer, Plaintiff American Mercury Insurance.

Plaintiff insurance company sought subrogation damages fromdefendants for the total amount of damages paid to Hutchinson.

Defendant Keys filed bankruptcy before a judgment was obtainedagainst Defendant Small. Defendants were not represented bylegal counsel at trial.

Alleged Injury: Plaintiff sought reimbursement of $9,165 forpayment to insured for loss of a vehicle.

Insurance Carrier: None

Case Number: STCV0702847

Cherokee CountyState Court

Pedestrian Struck by Motorist Loses

Liability Claim

Case Caption:Anthony J. Fried v. Rhonda S. Lamb


Judge: C. J. Gober Jr.GOBER, C. J. JR.


Attorneys:Plaintiff: Eric B. Ripper, Atlanta

Defendant: Rodney S. Shockley, MariettaRIPPER, ERIC B.SHOCKLEY, RODNEY S.

Facts: A pedestrian was hit while walking along a street andbrought suit against the driver of the vehicle he alleged hit him. ACherokee County jury returned a defense verdict.

On December 2, 2002, Plaintiff Anthony Fried was walking in thegrass adjacent to Shallowford Road. Defendant Rhonda Lamb wasdriving her car on Shallowford Road and struck plaintiff. Eventhough she slowed after the collision, defendant drove away fromthe accident.

Plaintiff alleged defendant was negligent in failing to control hervehicle, maintain her travel lane and keep a proper lookout.Plaintiff also alleged defendant had several drinks before the acci-dent. Plaintiff claimed he suffered a fractured left elbow as a resultof the impact.

Defendant contended she knew she had hit something, but did notknow she had hit plaintiff. She maintained that it was dark outside




and, when she looked in the mirror, she did not see anything. Sheclaimed she returned to the scene later that night and saw nothingto indicate a collision had occurred. She also claimed she contact-ed the police. Defendant admitted she had a couple of drinksbefore the incident.

Plaintiff Profile: Plaintiff was a male in his 40’s.

Alleged Injury: Fractured left elbow.

Case Number: 04-SC-1904

Editor’s Notes: Information for this summary was obtainedfrom another published source.

Clayton CountySuperior Court

High Speed Chase Turns Deadly for

Innocent Motorist

Case Caption:Olivia Banks and the Family of Grashaunda Banks v. The Cityof Hampton

Settlement: $1,000,000

Judge: Albert B. CollierCOLLIER, ALBERT B.


Attorneys:Plaintiff: Richard W. Hendrix, Atlanta

Steven R. Wisebram, Atlanta

Defendant: James Westbury, AtlantaHENDRIX, RICHARD W.WISEBRAM, STEVEN R.WESTBURY, JAMES

Facts: The family of a young woman who was killed as a resultof a police chase brought this wrongful death suit against defen-dant. The case settled for $1,000,000 prior to trial.

Plaintiffs’ decedent, Grashaunda Banks, was operating her vehi-cle on Highway 19/41 around midnight in July 2000. At the sametime, a police officer employed by Defendant City of Hamptonengaged in a high speed chase (in excess of 100 mph) of a manwho had committed a traffic violation. The man crashed his vehi-cle head-on into Grashaunda’s vehicle, killing both Grashaundaand himself.

Plaintiffs alleged defendant was vicariously liable for the actionsof its employee. Plaintiffs claimed it was a violation of police pro-cedure to dangerously pursue someone who had only committed aminor traffic offense.

Defendant contended that the officer was allowed to use his dis-cretion in weighing the risk to the public with the need for appre-hension of the suspect, but agreed to a settlement less than a weekbefore trial.

Plaintiff Profile: Plaintiffs’ decedent was a 22 year old singlefemale.

Alleged Injury: Blunt force trauma resulting in death. Decedentwas survived by her mother and several other family members.

Insurance Carrier: Self-insured

Case Number: 2007CV0005605

Editor’s Notes: Per other published reports, this case was origi-nally filed in Fulton County, but was moved to Clayton Countywhen it was learned that the fleeing driver had moved to ClaytonCounty just prior to the accident. Defendant then transferred thecase to Henry County, where the accident occurred, only to havethe Georgia Court of Appeals remand it back to Clayton County.

Cobb CountyState Court

Staged Auto Collision Asserted by

Defense Sways Jury

Case Caption:Jean Claire Casseus, et al. v. Progressive Gulf Insurance Co.


Judge: M. Russell Carlisle Jr.CARLISLE, M. RUSSELL JR.


Attorneys:Plaintiff: William F. Kelley, Cartersville

Defendant: Tara Waller Parker, Atlanta (Progressive)Gene A. Major, Atlanta (Alcinor)

KELLEY, WILLIAM F.PARKER, TARA WALLERMAJOR, GENE A.

Facts: A driver sought damages for soft tissue injures allegedlysustained in a rear impact collision. His underinsured motorist car-




rier contended that the accident was staged and questioned plain-tiff’s credibility. A Cobb County jury deliberated 1 hour beforereturning a verdict for the defendant. Plaintiff was subsequentlyordered to pay costs for the defense of the case.

Plaintiffs Jean Claire Casseus was driving his vehicle when it wasstruck from behind by a vehicle operated by Defendant JeanAlcinor. Plaintiff had an uninsured motorist policy with DefendantProgressive Gulf Insurance Company. Plaintiff served notice ofthe claim to Defendant Progressive based on the assumption thatAlcinor had insufficient insurance coverage, if any, to compensateplaintiff for her injuries. Defendant Progressive denied the claim.

Plaintiff alleged the crash with defendant forced her vehicle intoa guardrail and caused her to suffer substantial cervical and lum-bar soft tissue injuries. She claimed Alcinor was negligent in fail-ing to maintain a proper lookout and failing to maintain control ofhis vehicle.

Defendant Alcinor admitted liability, but denied plaintiff wasinjured as a result of the minor impact collision. DefendantAlcinor argued that he was never served with the complaint andplaintiff was barred from recovery because the statute of limita-tions had expired. Defendants argued that plaintiff staged the acci-dent for the sole purpose of asserting the uninsured motorist claimand contended there was no accident or injury. Defendants furtherargued that plaintiff had been in prior accidents with similar injurycomplaints. Although plaintiff denied involvement in any prioraccidents or prior injuries, defendants presented evidence thatplaintiff had been in multiple accidents.

Plaintiff Profile: Plaintiff was a married male in his late 20’s whowas unemployed.

Alleged Injury: Cervical and lumbar soft tissue injuries. Plaintiffclaimed approximately $10,000 for past medicals.

Jury Deliberations: 1 hour

Settlement Efforts: Last Demand: $25,000Last Offer: $5,000

Insurance Carrier: Progressive (UIM)

Expert(s):Plaintiff: None

Defendant: NoneNoneNone

Case Number: 06A4458

Editor’s Notes: Per plaintiff’s counsel, Progressive Gulf alsofiled a crossclaim seeking indemnification against Alcinor in theevent Progressive was found liable to plaintiff for any damages.

Cobb CountyState Court

Motorist Wins Nominal Award for Soft

Tissue Injuries

Case Caption:Anthony Q. Brown v. Geraldine Harris

Verdict: $1,355

Judge: Beverly M. CollinsCOLLINS, BEVERLY M.


Attorneys:Plaintiff: John N. Edmonson, Snellville

R. Scott Christopher, Snellville

Defendant: Thomas (Todd) S. Bechtel, AtlantaEDMONSON, JOHN N.CHRISTOPHER, R. SCOTTBECHTEL, THOMAS (TODD) S.

Facts: A motorist sued for damages after he allegedly sufferedsoft tissue injuries in a motor vehicle collision. Defendant disput-ed the severity of plaintiff’s injuries. A Cobb County jury award-ed plaintiff $1,355 in damages.

On September 18, 2002, Plaintiff Anthony Brown and DefendantGeraldine Harris were operating their respective vehicles. Theywere involved in a collision.

Plaintiff alleged defendant was negligent in failing to maintain aproper lookout and failing to maintain control of her vehicle.Plaintiff claimed he suffered soft tissue neck and back injuries inthe accident.

Defendant denied plaintiff’s allegations and denied liability forthe accident. Defendant contended that plaintiff’s injuries werenot as severe as he claimed.

Plaintiff Profile: Plaintiff was a 40 year old male.

Alleged Injury: Soft tissue neck and back injuries. Plaintiffclaimed $4,111 in medicals and $2,500 in lost wages.

Case Number: 2005A-4462





Cobb CountySuperior Court

Homeowner Pursues Contractor Who

Failed to Complete Project

Case Caption:Maggie Cooper v. Floyd M. Dillard a/k/a Dillard Construction

Verdict: Bench trial resulting in a $14,000plaintiff’s verdict. Defendant wasawarded $11,959 on his counterclaim.

Judge: J. Stephen SchusterSCHUSTER, J. STEPHEN


Attorneys:Plaintiff: E. Brian Watkins, Atlanta

Defendant: Thomas W. Veach, SmyrnaWATKINS, E. BRIANVEACH, THOMAS W.

Facts: A renovation construction project was not completed andthe homeowner filed a suit for breach of contract against the con-struction company. She alleged defendant breached their contractwhen he failed to complete the work. A judge awarded plaintiff$14,000 and awarded defendant $11,959 on his counterclaim.

Plaintiff Maggie Cooper entered into a contract with DefendantFloyd Dillard a/k/a Dillard Construction in October 2002 forimprovements to her home. Plaintiff took out a loan and themoney was put into escrow. Defendant was to make draws duringthe construction work. Plaintiff moved out of her home during therenovations. The project was expected to be completed inFebruary 2003. The construction took longer and, in November2003, the bank would not give any more draws to defendant.Therefore, defendant stopped work on the project. Plaintiff termi-nated her contract with defendant in November. Defendant filedan $11,959 lien against plaintiff’s house.

Plaintiff alleged defendant breached their contract because he didnot complete the project on time. She also claimed defendant slan-dered her by filing a false lien on her property. She asserted thatthe lien should be canceled and she was entitled to compensatorydamages, attorney fees and punitive damages.

Defendant denied plaintiff’s allegations and filed a counterclaimalleging plaintiff breached their contract when she made majorchanges to the agreement and caused the delay in the construction.

Alleged Injury: Breach of contract for failure to complete homerenovations.

Case Number: 04-1-1865


DeKalb CountyState Court

Customer Who Tripped Over Vacuum

Cord Settles Claim

Case Caption:Charles Shaver and Mary Jane Shaver v. The Kroger Companyand Anna Sanders


Judge: Alvin T. WongWONG, ALVIN T.


Attorneys:Plaintiff: Peter A. Law, Atlanta

Defendant: Douglas A. Wilde, Peachtree CityLAW, PETER A.WILDE, DOUGLAS A.

Facts: A national grocery chain agreed to settle a customer’sinjury claim for $350,000. The man tripped over an electrical cordand fractured his leg.

On March 17, 2007, Plaintiff Charles Shaver entered DefendantThe Kroger Company’s store. He was greeted by a Krogeremployee. When plaintiff returned the greeting, he tripped and fellover a vacuum cleaner cord that was stretched across the walkingarea near the entrance.

Plaintiff alleged the presence of the vacuum cleaner cord was ahazardous condition of which defendant had actual knowledge.Plaintiff sustained a leg fracture that required surgical pinning andresulted in a permanent impairment.

Defendant contended that the vacuum cleaner cord was an openand obvious hazard and plaintiff had equal knowledge of the haz-ard.

Plaintiff Profile: Plaintiff was an 81 year old married male.




Alleged Injury: Fractured femur in right leg necessitating surgi-cal pinning. Plaintiff, who was in a tennis league, claimed he wasunable to play tennis as well following his injury. He claimed$63,233 in medical expenses.


Case Number: 07A70477-1


Parties Dispute Negligence and

Damages in MVA Case

Case Caption:Delante Green v. Sessalie Johnson

Verdict: $1,552

Judge: Wayne M. PurdomPURDOM, WAYNE M.


Attorneys:Plaintiff: Hillman J. Toombs, Riverdale

Defendant: Reynolds E. Pitts Jr., AtlantaTOOMBS, HILLMAN J.PITTS JR., REYNOLDS E.

Facts: The parties involved in an intersection crash disputed lia-bility. Defendant argued that plaintiff was comparatively negligentand also disputed plaintiff’s injury claim. A DeKalb County juryawarded plaintiff $1,552 after deliberating 1.75 hours.

Plaintiff Delante Green was driving his vehicle with the right-of-way on a public thoroughfare. A vehicle operated by DefendantSessalie Johnson entered the main thoroughfare from a stop sign.The front of plaintiff’s vehicle struck the left rear of defendant’svehicle.

Plaintiff alleged defendant was negligent in failing to yield theright-of-way and keep a proper lookout. He claimed he sustainedsoft tissue neck and back injuries for a period of time.

Defendant contended that plaintiff was comparatively negligentbecause he was not keeping a proper lookout. Defendant main-tained that plaintiff never saw her and failed to avoid the accident.Defendant also argued that plaintiff was not injured or, if he was,his complaints were minor as he treated only with a chiropractor.

Plaintiff Profile: Plaintiff was a 22 year old single male who wasunemployed.

Alleged Injury: Soft tissue cervical and lumbar injuries whichrequired chiropractic treatment. Plaintiff recovered from hisinjuries. He sought $1,940 in medicals and an unspecified amountof damages for pain and suffering.

Jury Deliberations: 1.75 hours

Settlement Efforts: Last Demand: $22,000Last Offer: $750

Insurance Carrier: State Farm





Soft Tissue Auto Accident Injuries Yield

Jury Award

Case Caption:Lisa Moller v. John Mbaru

Verdict: $6,000

Judge: Janis C. GordonGORDON, JANIS C.


Attorneys:Plaintiff: Michael J. King, Atlanta

Defendant: Burke B. Johnson, AtlantaKING, MICHAEL J.JOHNSON, BURKE B.

Facts: The nature and extent of injuries sustained in an interstateautomobile accident were the major disputes between the partiesto this suit. A DeKalb County jury awarded plaintiff $6,000 afterdeliberating 3 hours.

Plaintiff Lisa Moller was driving in heavy traffic on I-20 in theAtlanta area. She claimed a vehicle driven by Defendant John




Mbaru struck her vehicle from the rear when she slowed for traf-fic. This was a moderate speed accident.

Plaintiff alleged defendant was negligent in failing to maintain anassured clear distance ahead, failing to keep a proper lookout anddriving too fast for conditions. Plaintiff claimed she sustained softtissue neck and back injuries as a direct result of this accident.

Defendant admitted liability for causing the accident, but arguedthat plaintiff was not injured. In the alternative, defendant arguedthat, if plaintiff was injured, she exaggerated the nature and extentof those injuries and should have recovered in a short period oftime.

Plaintiff Profile: Plaintiff was a 35 year old single femaleemployed as a mortgage broker.

Alleged Injury: Soft tissue cervical and lumbar injuries. Plaintiffclaimed $6,000 in medicals and $2,500 in lost wages and damagesfor pain and suffering. There were no claims of permanency.

Jury Deliberations: 3 hours

Settlement Efforts: Last Demand: $25,000 (policy limits)Last Offer: $6,000

Insurance Carrier: Liberty Mutual





Traffic Light Malfunction Contributes to

Auto Crash

Case Caption:Jonathan Harris v. Eugene Davis and Herman Zachary

Verdict: $7,000. The jury assigned 95% liabilityto Defendant Zachary and 5% liability toDefendant Davis.

Judge: Johnny N. PanosPANOS, JOHNNY N.


Attorneys:Plaintiff: Gregory S. Shurman, Atlanta

Defendant: Darryl G. Haynes, AtlantaSHURMAN, GREGORY S.HAYNES, DARRYL G.

Facts: Plaintiff’s host driver and another motorist were involvedin a collision and blamed one another for the accident. Plaintiffsought damages from both drivers. The jury awarded plaintiff$7,000 and assigned 5% liability to plaintiff’s host driver and 95%liability to the other driver.

Plaintiff Jonathan Harris was a passenger in a vehicle driven byDefendant Eugene Davis, who was plaintiff’s uncle. Theyapproached an intersection with a malfunctioning traffic light.Drivers at the intersection treated it as a four-way stop. Davisclaimed he stopped and, when it was his turn, proceeded throughthe intersection. He was able to drive through most of the inter-section before his vehicle was struck by a minivan driven byDefendant Herman Zachary. The impact forced Davis’ vehicle intoa nearby creek.

Defendant Zachary was traveling down an incline toward theintersection. He claimed another vehicle blocked his view ofDavis and he did not realize the traffic light was not working. Anoff-duty police officer at the scene attributed the accident toZachary, claiming that Zachary was driving too fast and failed totreat the intersection as a four-way stop. The officer also indicat-ed that Zachary should have known the light was not workingbecause the traffic light indicator at the top of the hill was also notfunctioning at the time of the accident.

Plaintiff alleged that one or both defendants were responsible forthe accident. He claimed he suffered serious injuries as a result ofthe impact and the accident aggravated a preexisting leg condition.

Defendant Davis contended that he treated the intersection as afour-way stop and had the right-of-way. He maintained that he didnothing wrong. Defendant Zachary claimed he did not see Davis’vehicle and did not realize the light was malfunctioning. Bothdefendants disputed the nature and extent of plaintiff’s injuries,arguing that his injuries were minor and he should have recovered.

Plaintiff Profile: Plaintiff was a 32 year old male who was unem-ployed.

Alleged Injury: Loosening of preexisting rod in the leg. Plaintiffrequired an emergency room visit and glass was removed from hishead. He sought chiropractic treatment for soft tissue cervical andlumbar injuries. Plaintiff claimed $4,584 in medicals. He askedthe jury for $24,584 in economic and non-economic damages.





Settlement Efforts: Last Demand: $13,000 (both defendants)Last Offer: $6,500 (2,000 from Davis;$4,500 from Zachary)

Insurance Carrier: AIG (Zachary); Liberty Mutual (Davis)

Expert(s):Plaintiff: J. Myra Sargent, D.C.

Chiropractor – East Point, GA

Defendant: NoneSargent, J. Myra, D.C.None


Editor’s Notes: Per defense counsel, Defendant Davis (a 74 yearold man) made a good witness. There was no appeal, the judgmentwas satisfied and this case is closed.


Auto Injury Dispute Resolves in

Defendant’s Favor

Case Caption:Joyce Harrison v. Bobby Green


Judge: Johnny N. PanosPANOS, JOHNNY N.


Attorneys:Plaintiff: Stephen F. Mackie, Atlanta

Defendant: Russell D. Waldon, AtlantaMACKIE, STEPHEN F.WALDON, RUSSELL D.

Facts: Liability and damages were disputed by an elderly driverwho denied plaintiff was injured in this automobile accident. Thecase was presented to a DeKalb County jury, who returned a ver-dict in favor of defendant.

Plaintiff Joyce Harrison was exiting a shopping center onMemorial Drive. Defendant Bobby Green was driving in the adja-cent lane, also exiting the shopping center. Plaintiff claimed defen-dant attempted a right turn from his lane and struck the side of hervehicle, forcing her onto the curb.

Plaintiff alleged defendant was responsible for this accident andher soft tissue knee, shoulder, back and neck injuries. She deniedthat her complaints were preexisting.

Defendant contended that plaintiff had no complaints of injury atthe scene and she had prior accidents for which she filed suit forsimilar injuries.

Plaintiff Profile: Plaintiff was a 35 year old single female.

Alleged Injury: Soft tissue left knee, shoulder, lumbar and cervi-cal injuries. Plaintiff received chiropractic and pain managementtreatment. Her complaints resolved after a period of time. Plaintiffsought $2,400 in medicals and an unspecified amount of damagesfor pain and suffering.


Settlement Efforts: Last Demand: N/ALast Offer: $1,000






Pool Hall Security Challenged in

Wrongful Death Case

Case Caption:Ann Herrera and Patricia White for the Estate of Demarko D.White v. Livia Adams, James Adams, Property Owner, DerrickSims, and John Does 1-5


Judge: Wayne M. PurdomPURDOM, WAYNE M.





Attorneys:Plaintiff: Gilbert H. Deitch, Atlanta

Waymon Sims, AtlantaAndrew T. Rogers, Decatur

Defendant: Tammi S. Long, AtlantaDEITCH, GILBERT H.SIMS, WAYMON ROGERS, ANDREW T.LONG, TAMMI S.

Facts: Lack of security allegedly resulted in the death of a patronat defendants’ establishment. Defendants denied any wrongdoing.The jury returned a verdict in favor of defendants after deliberat-ing 3 hours.

Defendants Livia and James Adams were the owners of PoolPalace Pool Hall, a premises they leased from the owner of a shop-ping center that also housed two other businesses (a bar and a stripclub). The businesses shared a common parking lot. On the nightin question, there was an argument inside the pool hall and later analtercation in the parking lot. Defendant Derrick Sims pulled a gunout of a car and shot plaintiff’s decedent, Demarko White, in theleg. An ambulance was called to the scene, but White died en routeto the hospital from loss of blood.

Plaintiffs alleged White was a patron at the pool hall andDefendants Adams were on notice that trouble could occur, as ithad on prior occasions. Plaintiffs claimed Defendants Adamsfailed to provide proper security for their premises or protect theirinvitees. Plaintiffs also filed claims against the property owner,who settled for a confidential amount prior to trial. The tortfeasor,Sims, was unable to be served and was not present for trial.Plaintiffs sought damages for wrongful death and loss of societyand companionship.

Defendants Adams denied notice, arguing that any past alterca-tions were properly reported and handled. Defendants Adamsmaintained that they provided appropriate security for patrons.Further, they contended there was no proof of who was involvedin the argument or that the other participants had been inside thepool hall. Lastly, Defendants Adams maintained that the shootingwas the proximate cause of White’s death and his death was not aresult of his presence in the pool hall or the parking lot.

Plaintiff Profile: Plaintiff’s decedent was a 21 year old singlemale who was a student.

Alleged Injury: Death resulting from a gunshot wound to dece-dent’s leg. Decedent died due to a loss of blood. He was survivedby his mother.


Insurance Carrier: None




Floyd CountySuperior Court

Wendy’s Restaurant Found Liable for

Customer’s Fall on Wet Floor

Case Caption:Nicole J. Duncan and Jamie D. Duncan v. Wendy’s International,Inc., Southern Foods, Inc. and Springfield Investments, LLC

Verdict: $50,000

Judge: F. Larry SalmonSALMON, F. LARRY


Attorneys:Plaintiff: Stephen Christopher Rampley, Rome

Daniel D. Morgan, Rome

Defendant: Harvey G. Berss, DuluthRAMPLEY, STEPHEN CHRISTOPHERMORGAN, DANIEL D.BERSS, HARVEY G.

Facts: A woman who fell in a fast food restaurant claimed shesuffered a permanent knee injury that caused her to seek differentemployment. Defendant argued that the condition that causedplaintiff’s fall was open and obvious. However, the jury awardedplaintiff $50,000 after deliberating 3.5 hours.

Plaintiff Nicole Duncan used the 24 hour drive-thru at DefendantWendy’s fast food restaurant after the lobby was closed. Part ofher food order was left out of the bag and she knocked on the doorof the lobby. One of the store’s employees allowed her into therestaurant and she got the rest of her order. As she exited the lobby,she slipped and fell on water from a leaking ceiling air condition-er. Defendant Wendy’s was owned by Defendants Southern Foods,Inc. and Springfield Investments, LLC.

Plaintiff alleged the water created a dangerous condition and shedid not see it on the floor. She argued that she was in the lobbyafter business hours and no one escorted her around the wet area.She claimed she sustained a displaced patella that required surgeryand resulted in restrictions that caused her to change employment.




Defendants contended that the water was open and obvious andthere was a wet floor sign in the area. Defendants claimed plain-tiff should have seen and avoided the water.

Plaintiff Profile: Plaintiff was a 35 year old married femaleemployed as the assistant manager of a toy store.

Alleged Injury: Displaced patella which required surgery.Plaintiff claimed the surgery helped, but she did not make a fullrecovery and future arthritis was possible. She claimed her injurycaused difficulty with walking and the restrictions caused her toseek other employment with less standing and walking. Plaintiffsought $28,000 in medicals and an unspecified amount of dam-ages for pain and suffering.


Settlement Efforts: Last Demand: $60,000 to $70,000Last Offer: $25,000

Case Number: 02CV25538-JFL001

Editor’s Notes: Per defendants’ counsel, the jury thought anemployee should have escorted plaintiff out of the restaurant.

Fulton CountyState Court

Defective Metal Shopping Cart Rail

Blamed for Customer’s Fall

Case Caption:Nancy Fox, et al. v. Staples The Office Superstore East, Staples,Inc., et al.


Judge: Diane E. BessenBESSEN, DIANE E.

Settlement Date: 11/2007

Attorneys:Plaintiff: Edward D. Flynn III, Atlanta

Defendant: Glenn S. Bass, AtlantaFLYNN III, EDWARD D.BASS, GLENN S.

Facts: A woman in her 50’s tripped over a metal shopping cartrail and was injured at defendant’s store. She brought a premisesliability claim against the office supply retailer. The case was set-tled in Fulton County for $500,000 prior to trial.

Plaintiff Nancy Fox tripped over a metal shopping cart rail. Therail was mounted on the floor near an entrance to the door atDefendant Staples The Office Superstore East, Inc.

Plaintiff alleged the cart rail was obscured by shopping basketsthat were stacked near the cart rail. Plaintiff claimed other peoplehad tripped on such rails in other Staples stores, thereby givingdefendant notice of the danger. Plaintiff’s experts opined that thedanger caused by the metal bar was not noticeable because it wasbelow eye level and also because its color did not make it standout. Plaintiff claimed she suffered a fractured wrist and developedcomplex regional pain syndrome of the right arm and hand thatrequired a dorsal spinal stimulator. She also claimed she sufferedpermanent ulnar clawing and muscular atrophy as a result of theaccident.

Defendant contended that the red bar was on a white floor andwas open and obvious. Defendant also argued that plaintiff wascomparatively negligent.

Plaintiff Profile: Plaintiff was a widowed white female in her50’s employed as an event planner.

Alleged Injury: Fractured scaphoid (wrist) with complex region-al pain syndrome of the right arm and hand which required a dor-sal spinal stimulator. Plaintiff claimed permanent ulnar clawingand muscular atrophy. She sought $158,212 in past medicals;$82,500 in past lost wages; and $422,000 in future lost wages.

Insurance Carrier: National Union Fire

Expert(s):Plaintiff: Larry D. Empting, M.D.

Neurologist – Atlanta, GA

Kenneth A. Joel, M.D.Pain Management – Atlanta, GA

Jeffrey GrossSafety and Security – Atlanta, GA

Frank Adams, Ph.D.Economist – Kennesaw, GA

Earl Thompson, M.S.Vocational Rehabilitation – Lawrence,GA

Edward H. Holliger IV, M.D.Orthopedist – Roswell, GA

Defendant: NoneEmpting, Larry D., M.D.Joel, Kenneth A., M.D.Gross, JeffreyAdams, Frank, Ph.D.Thompson, Earl, M.S.Holliger IV, Edward H., M.D.None

Case Number: 04VS074010




Fulton CountyState Court

Wendy’s Restaurant Franchise Settles

Patron’s Premises Claim

Case Caption:Ruth Stockel v. Wen-Four Food, Inc.

Settlement: $4,500

Judge: N/ASettlement Date: 2/5/2008

Attorneys:Plaintiff: Randall S. Rolader, Lawrenceville

Defendant: Harry W. Bassler, AtlantaROLADER, RANDALL S.BASSLER, HARRY W.

Facts: A woman in her 60’s fell and damaged some of her teethas she was leaving a Wendy’s restaurant. Defendant agreed to set-tle the matter for $4,500, but disputed plaintiff’s allegations.

Plaintiff Ruth Stockel was visiting a Wendy’s fast food restaurantin metro Atlanta. She was leaving the restaurant via the same doorshe entered. She tripped and fell forward onto a concrete tire stop.She damaged her mouth and loosened some teeth. DefendantWen-Four Food, Inc. is the corporate name of theWendy’s fran-chise.

Plaintiff alleged asserted a premises liability claim and claimeddefendant allowed an unsafe condition to exist that was not openand obvious.

Defendant disputed her allegations, but agreed to settle the case.

Plaintiff Profile: Plaintiff was a female in her 60’s who wasunemployed.

Alleged Injury: Damage to the mouth and some loosened teeth.Plaintiff did not claim any permanency.

Insurance Carrier: Selective

Case Number: 05VS076172

Fulton CountySuperior Court

Sudden Stop Results in Rear Impact

Collision

Case Caption:Justin Oliver, et al. v. Auto Zone Stores, Inc. and FrederickRitchie

Verdict: $20,000

Judge: Christopher S. BrasherBRASHER, CHRISTOPHER S.


Attorneys:Plaintiff: W. James Moore, Atlanta

Marc D. Hawthorne, Atlanta

Defendant: Edward M. Newsom, AtlantaMOORE, W. JAMESHAWTHORNE, MARC D.NEWSOM, EDWARD M.

Facts: A motorist claimed he suffered multiple disc herniationswhen his vehicle was struck from behind by a delivery driver. Thedriver and his company disputed liability, damages and proximatecause. A Fulton County jury awarded plaintiff $20,000 in dam-ages.

Plaintiff Justin Oliver was traveling through an intersection con-trolled by a traffic light. Plaintiff had the right-of-way when anunidentified driver made an unexpected U-turn in the intersection.In an effort to avoid colliding with the vehicle, plaintiff slammedon his brakes and was immediately struck from behind by a deliv-ery truck operated by Defendant Frederick Ritchie. DefendantRitchie was making a delivery for his employer, Defendant AutoZone Stores, Inc., at the time of the accident.

Plaintiff alleged Defendant Ritchie was traveling too fast for con-ditions, failed to maintain a proper lookout and failed to maintainan assured clear distance ahead. He further claimed DefendantRitchie was acting within the course and scope of his employmentwith Defendant Auto Zone at the time of the collision. Plaintiffclaimed he sustained multiple disc herniations as a result of theaccident. His wife sought damages for loss of consortium.

Defendants denied liability for the accident and disputed the prox-imate cause of plaintiff’s herniated discs. Defendants argued thatplaintiff’s sudden stop was the sole cause of the accident andDefendant Ritchie was not at fault. Defendants further argued thatplaintiff’s injuries were the result of a separate motor vehicle col-




lision that occurred approximately two months prior to this acci-dent.

Plaintiff Profile: Plaintiff was a married male. His age wasunavailable for publication.

Alleged Injury: Multilevel disc herniations in the cervical andlumbar regions and left ulnar neuropathy. Plaintiff claimed$23,000 in past medical expenses and an estimated $50,000 forfuture surgical repair. Plaintiff’s wife sought damages for loss ofconsortium.

Case Number: 2006 CV 120737

Editor’s Notes: Information for this article was obtained fromanother published source.

Fulton CountySuperior Court

Motorcyclist Awarded Damages for

Injuries in I-85 Crash

Case Caption:Kevin McGloin v. Mehandra Ramsingh and Aileen Aponte

Verdict: $375,000. Breakdown: $281,250 againstDefendant Ramsingh and $93,750against Defendant Aponte.

Judge: William L. McMurray Jr.MCMURRAY, WILLIAM L. JR.


Attorneys:Plaintiff: Kenneth P. McDuffie, Atlanta

Defendant: K. Eric Morrow, Atlanta (Aponte)James W. Hardee, Atlanta (Ramsingh)

MCDUFFIE, KENNETH P.MORROW, K. ERICHARDEE, JAMES W.

Facts: A motorcyclist who sustained a fractured hip on I-85 aftera collision with two motorists sought damages for his injuries inFulton County Superior Court. Plaintiff was awarded $375,000against both defendants. The jury deliberated 2 hours beforereturning its decision.

Plaintiff Kevin McGloin was traveling southbound in the daylighthours on I-85 where there were five to six lanes of traffic. Aheadof him were two motorists, Defendants Mehandra Ramsingh and

Aileen Aponte. The two defendants apparently collided, resultingin Ramsingh’s vehicle striking a median wall to his left andAponte’s vehicle striking the right guardrail. Plaintiff was unableto stop in the sudden aftermath of the wreck ahead of him and col-lided with one of the vehicles.

Plaintiff alleged both defendants were liable for the accident inthat they failed to operate and maintain their respective vehicles asafe distance from one another. Plaintiff claimed he sustained afractured hip that ultimately required a hip replacement and frac-tures to his leg and ankle.

Defendant Ramsingh tendered policy limits of $100,000 prior totrial, with the understanding that plaintiff would not pursueRamsingh personally. Defendant Ramsingh contended thatDefendant Aponte was at least partially responsible for the acci-dent and testified for plaintiff during the plaintiff’s case in chief.Ramsingh contended that he and Defendant Aponte were chang-ing lanes at the same time and were possibly in each other’s blindspot. Defendant Aponte denied all allegations, asserting thatRamsingh moved into her lane and she never changed lanes.

Plaintiff Profile: Plaintiff was a 46 year old male employed as aglass installer.

Alleged Injury: Fractured left hip that necessitated internal fixa-tion surgery. A hip replacement was performed due to major painassociated with the hip after the first surgery. Plaintiff also sus-tained a right leg fracture in either the tibia or fibula and multiplefractures in his right ankle bones. Plaintiff underwent internal fix-ation surgery to the ankle.


Insurance Carrier: Allstate (Ramsingh); State Farm(Aponte)

Case Number: 06CV-113295

Editor’s Notes: Per plaintiff’s counsel, the jury also foundDefendant Aponte at fault because of her testimony that she hearda horn before the wreck, which suggested she could have correct-ed her vehicle and she was not in her proper lane of travel.




Fulton CountyUnited States District Court

Muslim Woman Settles Religious

Discrimination Claim

Case Caption:Equal Employment Opportunity Commission v. AAA Parking

Settlement: $29,500

Judge: Jack T. CampCAMP, JACK T.


Attorneys:Plaintiff: Suzanne Carelli, Atlanta

Robert K. Dawkins, Atlanta

Defendant: Alston D. Correll III, AtlantaCoutney B. Thompson, Atlanta

CARELLI, SUZANNE DAWKINS, ROBERT K.CORRELL III, ALSTON D.THOMPSON, COUTNEY B.

Facts: A Muslim woman who alleged she was denied the right towear a hijab at her place of employment settled a discriminationclaim against her employer for $29,500. A consent decree wasentered by the U.S. District Court in Atlanta.

Plaintiff Equal Employment Opportunity Commission (EEOC)brought this claim against Defendant AAA Parking on behalf ofAnissa Moussa for alleged wrongful practices under Title VII ofthe Civil Rights Acts of 1964 and 1991. Ms. Moussa, a Muslim,was employed by defendant as a cashier at defendant’s Atlantafacility. Ms. Moussa allegedly requested an accommodation fromdefendant in order to comply with her religious belief to wear ahijab during the Muslim holy month of Ramadan. Defendantrefused her request and she was fired two days later.

Plaintiff alleged religious discrimination by defendant.

Defendant denied wrongdoing but agreed to a settlement.Defendant claimed it was not given the opportunity to accommo-date Ms. Moussa because she failed to provide advance notice thather observation of Ramadan would require a violation of compa-ny policy.

As part of the settlement, defendant agreed to establish a compa-ny policy relating to religious practices, begin a training programfor its employees, abstain from retaliation and provide reports toplaintiff regarding requests made for religious accommodation.

Plaintiff Profile: Plaintiff was a 47 year old female employed asa cashier.

Alleged Injury: Race discrimination in violation of Title VII ofthe Civil Rights Acts of 1964 and 1991. Plaintiff sought back paywith interest, compensatory damages and punitive damages.

Case Number: 1:06-CV-2278-JTC-ECS


White Strip Club Employees Receive

Judgment on Race Discrimination Claim

Case Caption:Jason Zelonka, Dawn Simpson, Diane Lee and Alan Mandell v.Galardi South Enterprises, Inc.

Verdict: $604,405 default judgment. Breakdown:$29,150 in back pay to Plaintiff Zelonka;$19,500 in back pay to PlaintiffSimpson; $20,000 in back pay toPlaintiff Lee; $24,360 in back pay toDefendant Mandell; $25,000 each incompensatory damages and $100,000each in punitive damages; plus attorneyfees and costs of $11,395.

Judge: E. Clayton Scofield IIISCOFIELD, E. CLAYTON III

Settlement Date: 1/2008

Attorneys:Plaintiff: Adam S. Jaffe, Atlanta

Lynley Renin Teras, Atlanta

Defendant: Pro SeJAFFE, ADAM S.TERAS, LYNLEY RENINPRO SE

Facts: Two disc jockeys, a dancer, and a “house mom” were firedfrom a strip club after a change in format, so they filed racial dis-crimination claims against the owner of the club. Defendant failedto respond to the federal suit and a default judgment of $604,405was entered by the U.S. District Court judge.

Defendant Galardi South Enterprises owned, operated and man-aged the “Masters Gentlemen’s Club,” an exotic dance club inAtlanta. In August 2006, after a very successful party whichincluded a large crowd of black patrons, defendant’s owner decid-




ed to change the format of the club. In September 2006, a blackperson was made the club’s new general manager, the name of theclub changed to “Onyx” and the music changed from rock androll/rhythm and blues to rap and hip-hop. Plaintiff Jason Zelonkawas hired as a disc jockey for defendant in January 2005 and wasreportedly never reprimanded, suspended or subjected to any dis-ciplinary action. Plaintiff Zelonka was terminated in September2006, allegedly due to defendant taking things in a “differentdirection.” Plaintiff Dawn Simpson, a white female, was hired asan exotic dancer by defendant on September 1, 2006 and was ter-minated on September 25, 2006, allegedly for the same reasons,even though she had previously danced to rap and hip-hop music.Plaintiff Diane Lee, also a white female, was the “house mom”and assistant to the manager since March 3, 2006. She was termi-nated on September 24, 2006 because the new manager wanted tobring in his own black house moms. Plaintiff Alan Mandell wasemployed by defendant as a part-time disc jockey for three yearsprior to his termination in June 2006. All plaintiffs reportedly hadvery difficult times finding similar employment.

Plaintiffs alleged racial discrimination by defendant under TitleVII. Plaintiffs claimed they were wrongfully terminated when theclub management decided to shift the format to a predominantlyblack genre.

Defendant failed to respond to the lawsuit. Defendant’s counselclaimed defendant was not an active corporation and held noassets.

Plaintiff Profile: Plaintiff Jason was a 36 year old married whitemale employed as a disc jockey. Plaintiff Dawn was a 45 year oldsingle white female employed as an exotic dancer. Plaintiff Dianewas a 63 year old white female employed an assistant. PlaintiffAlan was a 54 year old white male employed as a part-time discjockey.

Alleged Injury: Racial discrimination and wrongful terminationin violation of Title VII. Plaintiffs sought back pay, compensatorydamages and punitive damages.

Case Number: 1:07-CV-00354-BBM-ECS


Employee Denied Use of Headdress

Settles Discrimination Case

Case Caption:Equal Employment Opportunity Commission v. RacetracPetroleum, Inc.


Judge: Clarence CooperCOOPER, CLARENCE


Attorneys:Plaintiff: Gerald S. Kiel, Baltimore

S. Robert Royal, AtlantaPamela A. Alfred-George, AtlantaStephen M. Katz, Atlanta

Defendant: Joseph P. Shelton, AtlantaRobyn Wilensky Farmer, Atlanta

KIEL, GERALD S.ROYAL, S. ROBERT ALFRED-GEORGE, PAMELA A.KATZ, STEPHEN M.SHELTON, JOSEPH P.FARMER, ROBYN WILENSKY

Facts: A woman allegedly denied the right to wear a headdress ather place of employment settled her claim with her employer for$125,000. A Consent Decree was entered by the U.S. DistrictCourt in Atlanta.

Plaintiff Equal Employment Opportunity Commission (EEOC)brought this claim against Defendant Racetrac Petroleum onbehalf of Baht Tziyon, formerly known as Dian Paul, for allegedwrongful practices under Title VII of the Civil Rights Acts of 1964and 1991. Ms. Tziyon belonged to the Rastafarian religion andbelieved that her religion required her to wear a headdress cover-ing her hair. Ms. Tziyon was hired by defendant on November 30,2001 as a swing shift manager and was promoted to staffing coor-dinator in April 2002. In September of the same year, defendant’srepresentatives reportedly required Ms. Tziyon to provide writtendocumentation from her church explaining that her headdress wasa religious requirement. She provided documentation, whichdefendant determined to be unacceptable. Defendant then sus-pended Ms. Tziyon without pay until she could provide a moresuitable written explanation. Afterward, she complained to defen-dant about being subjected to discrimination and, on September25, 2002, she was discharged for failing to adhere to defendant’sdress code policy.




Plaintiff alleged religious discrimination and retaliation by defen-dant.

Defendant denied plaintiff’s allegations, but ultimately agreed toa settlement. Under the agreement, defendant agreed to makeavailable company policy relating to religious practices, begin atraining program for its employees, abstain from retaliation andprovide reports to plaintiff of requests made for religious accom-modation.

Plaintiff Profile: Plaintiff was a 29 year old single femaleemployed as a manager/staffing coordinator.

Alleged Injury: Religious discrimination and retaliation in viola-tion of Title VII of the Civil Rights Acts of 1964 and 1991.Plaintiff sought back pay with interest, compensatory and punitivedamages, injunctive relief and other affirmative relief.

Case Number: 1:06-CV-00761-CC


HVAC Technician Accepts Settlement

for Debilitating Leg Injuries

Case Caption:Tony K. Pyle v. Schneider National Carrier, Inc., Kevin L.Warner and Liberty Mutual, Inc.

Settlement: $2,850,000

Judge: Richard W. StorySTORY, RICHARD W.


Attorneys:Plaintiff: Andrew C. Ausband, Atlanta

Defendant: R. Clay Porter, AtlantaJohn D. Dixon, Atlanta

AUSBAND, ANDREW C.PORTER, R. CLAYDIXON, JOHN D.

Facts: A settlement was reached after a 37 year old HVAC tech-nician was injured in an accident with a commercial vehicle.Plaintiff alleged defendant and his company, along with theirinsurance carrier, were responsible for his medical bills, lostwages and pain and suffering. The case was settled for $2,850,000in U.S. District Court.

Plaintiff Tony K. Pyle and Defendant Kevin Warner wereinvolved in an accident. Defendant Warner was employed byDefendant Schneider National Carrier, Inc. Defendant Warnermade a left turn into Lake Mirror Road and hit plaintiff’s vehicle.Plaintiff was trapped in his car for more than 30 minutes. Duringthat time, a stranger applied pressure to plaintiff’s leg to keep himfrom bleeding to death. Once plaintiff was extricated from thevehicle, he was flown by helicopter ambulance to Atlanta MedicalCenter where he was hospitalized for a month.

Plaintiff alleged defendant was negligent in failing to yield theright-of-way and keep a proper lookout. Plaintiff suffered frac-tures of his right and left femurs that required internal fixation andsuffered injuries to the ligaments in his left knee and a left menis-cus injury. Plaintiff also suffered fractures of his left elbow andleft tibial plateau. Plaintiff alleged he suffered permanent disabil-ity and may require amputation of his leg in the future. Plaintiff’smedical expert opined that plaintiff has limited use of his left legand an above-the-knee amputation may be necessary if recon-struction fails. Plaintiff argued that, due to his educational back-ground, he was not a candidate for sedentary work and his futurework abilities were altered.

Defendant denied plaintiff’s allegations and denied liability forthe accident, but agreed to a settlement.

Plaintiff Profile: Plaintiff was a 37 year old single white maleemployed as an HVAC technician.

Alleged Injury: Open right femur fracture, open left femur frac-ture, open left elbow fracture and an open left tibial plateau frac-ture. Plaintiff underwent an open reduction and internal fixation ofhis left tibial plateau and repair of his left patella tendon, left ante-rior cruciate ligament and repair of the left meniscus. Plaintiff’sinjuries left him permanently disabled from injuries to his left leg,which may require future amputation. Plaintiff claimed $577,601in past medicals and $33,640 in past lost wages.

Expert(s):Plaintiff: William J. Kluge Jr., P.E.

Accident Reconstruction – Raleigh, NC

Kathryn Willard, M.Ed.Vocational Rehabilitation –Lawrenceville, GA

Bruce D. Seaman, Ph.D.Economist – Atlanta, GA

Defendant: NoneKluge Jr., William J., P.E.Willard, Kathryn, M.Ed.Seaman, Bruce D., Ph.D.None

Case Number: 1:07-CV-01277-RWS




Glynn CountySuperior Court

Assault and Battery Case Resolves by

Settlement

Case Caption:Timothy J. Davis v. William Pickren and A & B ElectricCompany

Settlement: $6,000

Judge: N/ASettlement Date: 10/22/2007

Attorneys:Plaintiff: R. Flay Cabiness, Brunswick

Defendant: Billy Reid Zeh III, BrunswickCABINESS, R. FLAYZEH III, BILLY REID

Facts: An electrician who claimed his former boss assaulted himwhen he attempted to retrieve personal items filed this lawsuit.However, he agreed to settle the matter for $6,000 in GlynnCounty.

Plaintiff Timothy Davis worked for Defendant A & B Electric,which was owned by Defendant William Pickren. Plaintiff’semployment was terminated. Shortly thereafter on April 13, 2006,plaintiff arrived at defendants’ property to retrieve his personalbelongings. According to plaintiff, defendants had given him per-mission to do so. When plaintiff arrived, Defendant Pickrenaccused plaintiff of stealing and an altercation ensued.

Plaintiff alleged he was intentionally assaulted with the intent todo deliberate harm. Plaintiff claimed he sustained a black eye andsought punitive damages. He asserted a claim of vicarious liabili-ty against Defendant A & B Electric.

Defendants denied all of plaintiff’s allegations and contended thatplaintiff instigated the altercation.

Plaintiff Profile: Plaintiff was a male in his 20’s employed as anelectrician.

Alleged Injury: Assault and battery resulting in a black eye.Plaintiff did not claim any permanency. He sought $400 in med-icals, plus punitive damages.

Case Number: CE06-01627-063

Glynn CountySuperior Court

Flying Bottle is Costly for Bar Owner

Case Caption:Bruce L. Stanfield v. Mulligan’s Bar & Grill and Ray Woodcock

Verdict: $192,100

Judge: Jere F. WhiteWHITE, JERE F.


Attorneys:Plaintiff: John A. Dow III, Brunswick

Defendant: Paul Lindsey Fields Jr., AtlantaGregory L. Mast, AtlantaMcRae Miller, Atlanta

DOW III, JOHN A.FIELDS JR., PAUL LINDSEYMAST, GREGORY L.MILLER, MCRAE

Facts: A bar patron sued the establishment and its owner after thepatron was hit in the face by a flying bottle and sustained perma-nent injuries. A Glynn County jury awarded the plaintiff $192,100.

Plaintiff Bruce L. Stanfield was inside Defendant Mulligan’s Bar& Grill on April 12, 2003. He sustained facial injuries from a bot-tle thrown by an unknown individual. The owner of the bar wasDefendant Ray Woodcock.

Plaintiff alleged defendants compromised the safety of customersin failing to follow adequate safety policies and having the estab-lishment appropriately staffed with wait help and security.Plaintiff claimed he sustained a fractured nose, facial scarring andnerve damage as a result of the incident.

Defendants contended plaintiff assumed the risk of injury andargued there was nothing more or different they could have doneto prevent the incident. Defendants maintained that the GeorgiaDram Shop Act (OCGA 51-1-40) barred plaintiff’s recoverybecause defendant was a server of alcohol.

Plaintiff Profile: Plaintiff was a 49 year old male employed as acontractor.

Alleged Injury: Comminuted nasal fracture, facial scarring andfacial nerve damage. Plaintiff claimed $69,000 in past and futuremedicals.




Settlement Efforts: Last Demand: $150,000 (per plaintiff’scounsel); $250,000 (per defense counsel)Last Offer: $60,000

Case Number: CE05-00665-063

Editor’s Notes: Per defense counsel Mast, defendants’ argumentthat the Georgia Dram Shop Act (OCGA 51-1-40) barred plain-tiff’s recovery because defendant was a server of alcohol was anissue pending before the Georgia Court of Appeals at the time ofediting this case for publication. Attorney Mast further indicatedthat plaintiff made a last demand of $250,000, which was made asa final non-negotiable demand.

Gwinnett CountyState Court

Knee Injury Causation Disputed at MVA

Trial

Case Caption:Bahli Mullins v. Ed Voyles Automotive Group, Inc. and TerryBarrows

Verdict: $2,500

Judge: Joseph C. IannazzoneIANNAZZONE, JOSEPH C.


Attorneys:Plaintiff: John F. Daugherty, Atlanta

Defendant: Burke B. Johnson, AtlantaDAUGHERTY, JOHN F.JOHNSON, BURKE B.

Facts: Extensive knee injuries were claimed when defendantdriver moved a courtesy van as plaintiff was attempting to climbinto the vehicle. Defendant denied plaintiff was injured. The juryawarded plaintiff $2,500 after deliberating 2 hours.

Plaintiff Bhali Mullins took his vehicle to Defendant Ed VoylesAutomotive Group, Inc. for repairs. Later in the day, one of defen-dant’s courtesy vans picked up plaintiff. The van was driven byDefendant Terry Barrows. There was no dispute that, as plaintiffattempted to step into the van, the van moved. Plaintiff claimed hetwisted his knee and suffered a torn meniscus.

Plaintiff alleged defendant driver was negligent in moving the vanwhile he was attempting to get in the vehicle. He claimed the knee

injury he sustained would cause arthritis and require knee replace-ment in the future. Plaintiff acknowledged that he had preexistingknee problems years prior to this incident, but claimed he hadreceived no treatment for 10 years and this injury was caused bydefendant’s negligence. He asserted that Defendant Ed VoylesAutomotive Group was vicariously liable for the actions of itsemployee.

Defendants admitted the van moved as plaintiff tried to get inside.However, they argued that plaintiff was not injured in the minorincident. Defendants contended that plaintiff had a prior sportsinjury which caused arthritis in his knee and medical records indi-cated he treated for knee complaints six to eight months beforethis accident. Defendants also claimed plaintiff had a subsequenttrip injury at work and an MRI taken after the work incidentshowed a torn meniscus. Defendants argued that it was the trip atwork that caused his knee problems.

Plaintiff Profile: Plaintiff was a 35 year old single male employedas a security screener at an airport.

Alleged Injury: Twisted knee resulting in a torn meniscus.Plaintiff claimed extensive degenerative problems as a result ofthe meniscus tear and that he would suffer future arthritis andrequire a knee replacement. Plaintiff claimed a diminished capac-ity to work. He sought $12,000 in past medicals; $40,000 in futuremedicals for knee replacement surgery; and $9,000 in lost income.


Settlement Efforts: Last Demand: $200,000Last Offer: $87,500

Insurance Carrier: Zurich

Case Number: 06-C20676-4

Gwinnett CountyState Court

Pancreatitis Death Sparks Malpractice

Allegations

Case Caption:Terrie Moon, Administrator of the Estate of Troy Moon,Deceased v. Gwinnett Emergency Specialists, PC and RonaldReagan, M.D.





Judge: Joseph C. IannazzoneIANNAZZONE, JOSEPH C.


Attorneys:Plaintiff: James A. Attwood, Atlanta

Glenn A. Loewenthal, Atlanta

Defendant: T. Case Maner, AtlantaFrederick N. Gleaton, Atlanta

ATTWOOD, JAMES A.LOEWENTHAL, GLENN A.MANER, T. CASEGLEATON, FREDERICK N.

Facts: A man diagnosed with acute pancreatitis died 10 days afterhis diagnosis. The man’s wife filed a medical malpractice andwrongful death claim against the physician and his practice inGwinnett County State Court. The jury returned a defense verdictafter deliberating 1.5 hours.

Plaintiff’s decedent, Troy Moon, presented with abdominal com-plaints to Gwinnett Medical Center in the morning hours ofNovember 26, 2000. He was seen by an emergency room physi-cian and was discharged home that morning. Decedent returned tothe same emergency department later in the evening with com-plaints of increased abdominal pain and was treated by DefendantRonald Reagan, M.D. Defendant Reagan was employed byDefendant Gwinnett Emergency Specialists, P.C. Dr. Reaganordered a CT scan, which confirmed acute pancreatitis. Defendanttreated decedent with pain medications, IV fluids and instructedhim to follow-up the next morning with a gastroenterologist. Healso told decedent to get plenty of rest and gave dietary instruc-tions that included drinking plenty of fluids. Decedent presentedto a gastroenterologist as ordered on November 27 and was imme-diately sent back to the emergency department at GwinnettMedical Center. This time he was seen by a different physicianwho admitted him to the ICU where he was aggressively treatedfor acute pancreatitis. He developed necrotizing pancreatitis andsustained multiple organ failure. Mr. Moon died 10 days laterwithout being released from the ICU. Decedent was a knownheavy alcohol drinker.

Plaintiff alleged the standard of care required defendant emer-gency room physician to admit decedent to the hospital on theevening of November 26 after a confirmed diagnosis of acute pan-creatitis. Plaintiff argued that, had decedent been admitted to thehospital at his second emergency room presentation, he wouldhave been aggressively re-hydrated and would not have sufferedorgan failure and death.

Defendant Reagan contended that he met the standard of carebecause decedent could be safely discharged for close follow-upas an outpatient since his pain was controlled, he was able to tol-erate oral fluids and there was no evidence of organ failure.

Plaintiff Profile: Plaintiff’s decedent was a 47 year old marriedmale who was a real estate agent.

Alleged Injury: Acute pancreatitis with multiple organ failure.Decedent was survived by his wife and two minor children. Hewas earning approximately $85,000 at the time of his death.


Insurance Carrier: Medical Protective

Expert(s):Plaintiff: David Guss, M.D.

Emergency Medicine – San Francisco,CA

Norton Greenberger, M.D.Gastroenterologist – Boston, MA

Defendant: Bruce D. Janiak, M.D.Emergency Medicine – Augusta, GA

David T. Overton, M.D.Emergency Medicine – Okemos, MI

Edward L Bradley III, M.D.General Surgeon – Sarasota, FL

Guss, David, M.D.Greenberger, Norton, M.D.Janiak, Bruce D., M.D.Overton, David T., M.D.Bradley III, Edward L, M.D.

Case Number: 05C-13708-S4

Editor’s Notes: Per defense counsel Maner, the jury was swayedby the testimony of Dr. Bradley, a pancreatic disease specialist,who said the severity of decedent’s disease meant there was nointervention or earlier treatment that could have made a differ-ence.

Gwinnett CountySuperior Court

Subrogation Claim for Payment of

Worker’s Comp Benefits Fails at Trial

Case Caption:BellSouth Telecommunications and Broadspire National Serviceson Behalf of Steve Atha v. State Farm Fire and CasualtyCompany and Larry Thompson


Judge: George F. Hutchinson IIIHUTCHINSON, GEORGE F. III





Attorneys:Plaintiff: LaShawn Williams Terry, Atlanta

Erika C. Oates, AtlantaJohn T. Tyler, Atlanta

Defendant: Nikolai Makarenko Jr., DuluthTERRY, LASHAWN WILLIAMSOATES, ERIKA C.TYLER, JOHN T.MAKARENKO JR., NIKOLAI

Facts: After workers’ compensation and medical expenses werepaid to an employee involved in a motor vehicle accident, theinjured man’s employer brought suit against the defendant driverand his insurance company for reimbursement of payments madeto the employee. Plaintiffs alleged defendant tortfeasor wasresponsible for the accident and should reimburse them for theircosts. A Gwinnett County jury returned a defense verdict.Defendant driver was awarded costs.

Plaintiff BellSouth employed Steve Atha. Mr. Atha was involvedin a motor vehicle collision with Defendant Larry Thompson. Mr.Atha was in the course of his employment when the accidentoccurred. Defendant Thompson was allegedly at fault and plain-tiffs’ truck sustained more than $2,500 in property damage. Thedrivers disputed how the accident occurred. BellSouth’s servicingagent, Plaintiff Broadspire National Services, paid workers’ com-pensation benefits to Mr. Atha and medical expenses that totaledmore than $35,000. Defendant State Farm was DefendantThompson’s insurer. Defendant State Farm was dismissed prior totrial.

Plaintiffs alleged Defendant Thompson was negligent and was thecause of Mr. Atha’s accident. Plaintiffs asserted that DefendantState Farm, because it was Defendant Thompson’s insurer, wasliable for the workers’ compensation benefits paid to Mr. Atha, aswell as the damage to plaintiffs’ vehicle. Plaintiffs also soughtreimbursement for medical bills, interest, expenses and attorneyfees.

Defendant Thompson was the only remaining defendant when thecase went to trial. Defendant noted there were no independent wit-nesses to the accident. In addition, defendant argued that Mr. Athahad a long history of back problems and back pain. Therefore,defendant contended Atha’s treatment was not because of the acci-dent, but from prior problems he had.

Alleged Injury: Subrogation claim for reimbursement of medicalbills and worker’s compensation benefits, as well as interest,expenses and attorney fees.


Case Number: 05-A-06220-4

Editor’s Notes: The information for this summary was obtainedfrom another published source.

Hall CountyState Court

Automotive Store Not Liable for

Customer’s Fall

Case Caption:Jerry M. Reed, et al. v. AutoZone Stores, Inc. i/n/a AutoZoneInc.


Judge: Bernard E. Roberts IIIROBERTS, BERNARD E. III


Attorneys:Plaintiff: Withheld

Defendant: Edward M. Newsom, AtlantaWITHHELDNEWSOM, EDWARD M.

Facts: A premises liability suit was brought after a customerslipped and fell on an oil spill in an automotive store. Plaintiffalleged defendant was negligent and responsible for his damages.A Hall County jury returned a defense verdict.

On May 19, 2003, Plaintiff Jerry Reed was shopping at DefendantAutoZone. While shopping, he slipped on oil that had spilled ontothe floor.

Plaintiff alleged defendant was negligent in failing to properlymaintain the premises and keep customers safe. He alleged defen-dant should have warned its customers of the dangerous condi-tions in the store. Plaintiff claimed he injured his right shoulderand had to undergo surgery. Plaintiff’s wife sought damages forloss of consortium.

Defendant contended plaintiff was comparatively negligentbecause defendant’s employee was attempting to clean up the sub-stance when plaintiff fell.

Plaintiff Profile: Plaintiff was a married male in his 50’s.

Alleged Injury: Right shoulder injury necessitating surgery.Plaintiff claimed ongoing shoulder limitations.




Case Number: 2004-SV-440-N


Hall CountySuperior Court

Defense Verdict in Case Involving

Flooding of Private Property

Case Caption:Melissa Reidling and Buncom Lightsey d/b/a/ DowntownProperties v. Georgia Department of Transportation and City ofGainesville

Verdict: Defense verdict for Defendant City ofGainesville. A directed verdict hadpreviously been entered in favor ofDefendant Georgia Department ofTransportation.

Judge: John E. GirardeauGIRARDEAU, JOHN E.

Date of Verdict: 1/2008

Attorneys:Plaintiff: Larry E. Stewart, Lawrenceville

Defendant: Susan J. Levy, Decatur (DOT)H. Lee Pruett, Decatur (DOT)Phillip E. Friduss, Atlanta (City ofGainesville)

STEWART, LARRY E.LEVY, SUSAN J.PRUETT, H. LEEFRIDUSS, PHILLIP E.

Facts: The owners of a mobile home park claimed their propertywas flooded because defendants, who were constructing a park-way, did not have adequate plans for removing the excess dirt andcaused a creek to overflow and flood their land. A directed verdictwas returned in favor of Georgia Department of Transportation. Adefense verdict was later returned for the City of Gainesville.

Defendant Georgia Department of Transportation provideddesign plans for the Pearl Nix Parkway in Defendant City ofGainesville. Plaintiffs Melissa Reidling and Buncom Lightseyowned property that was affected by the construction.

Plaintiffs alleged construction of the parkway and the disposal ofexcess fill dirt adjacent to the project caused Flat Creek to over-

flow and flood their property. Plaintiffs asserted that DefendantDOT was negligent in failing to identify a specific location for thedisposal of the excess fill in its design plans. Plaintiff’s civil engi-neering expert testified that the flooding of Flat Creek was not dueto natural causes, rather the result of construction and placementof fill dirt that increased the volume of water flowing into thecreek.

Defendants denied plaintiff’s allegations. Defendants’ environ-mental experts testified that the excess fill dirt was not in a floodplain.

Plaintiff Profile: Plaintiff Melissa was a 32 year old marriedwhite female. Plaintiff Buncom was a 72 year old married whitemale who was retired.

Alleged Injury: Overflow of creek resulting in flooding of plain-tiffs’ property and damage to their mobile home park.

Settlement Efforts: Last Demand: N/ALast Offer: $6,000

Expert(s):Plaintiff: Charles R. Langley, P.E.

Engineer – W. Palm Beach, FL

James W. Spotts, Ph.D.Soil Erosion/Sediment Control –Lawrenceville, GA

Defendant: Wade L. Nutter, Ph.D.Environmental Consultant – Athens, GA

Langley, Charles R., P.E.Spotts, James W., Ph.D.Nutter, Wade L., Ph.D.

Case Number: 03 CV 2359C

Hall CountySuperior Court

Admitted Liability Auto Case Ends with

Defense Verdict

Case Caption:Brandi Clackum and Michael Clackum v. Sandra K. McWilliams


Judge: Jason J. DealDEAL, JASON J.





Attorneys:Plaintiff: Robert B. Lipman, Atlanta

Jay L. Drew, Atlanta

Defendant: Frank M. Gaither Sr., AtlantaRoosevelt Hamb Jr., Atlanta

LIPMAN, ROBERT B.DREW, JAY L.GAITHER SR., FRANK M.HAMB JR., ROOSEVELT

Facts: A woman in her 30’s brought suit after being involved ina rear-end collision with defendant. The defendant admitted faultfor the accident, but disputed the extent of plaintiff’s injuries. AHall County jury returned a defense verdict.

On October 14, 2005, Plaintiff Brandi Clackum was driving onButler Parkway when her Jeep was rear-ended by a vehicle drivenby Defendant Sandra McWilliams. After impact, defendant’s carwent under the rear of plaintiff’s Jeep.

Plaintiff alleged defendant was negligent in failing to maintain anassured clear distance ahead and keep a proper lookout. Plaintiffclaimed she sustained soft tissue neck, back and wrist injuries as adirect result of the accident. Plaintiff’s husband sought damagesfor loss of consortium.

Defendant admitted liability for the accident, but disputed thenature and extent of plaintiff’s injuries.

Plaintiff Profile: Plaintiff was a 30 year old married female.

Alleged Injury: Soft tissue neck, back and wrist injuries. Plaintiffalleged mental anguish and sought an unspecified amount of dam-ages for medical expenses and lost wages. Her husband soughtdamages for loss of consortium.

Case Number: 2006-CV-1691-C

Editor’s Notes: Information for this article was obtained fromanother published source.

Richmond CountyUnited States District Court

Customer Blames Chicken Blood on

Floor for Fall

Case Caption:Anita D. Newton v. The Kroger Company


Judge: Lisa Godbey WoodWOOD, LISA GODBEY


Attorneys:Plaintiff: Charles L. Wilkinson III, Augusta

Defendant: Douglas A. Wilde, Peachtree CityKent T. Stair, Atlanta

WILKINSON III, CHARLES L.WILDE, DOUGLAS A.STAIR, KENT T.

Facts: A federal jury in Augusta Columbia County returned adefense verdict on a grocery store customer’s claim for injuriesafter she allegedly slipped and fell in a puddle of chicken blood.The defendant had denied liability.

On June 4, 2002, Plaintiff Anita Newton was shopping at a gro-cer store owned by Defendant Kroger Company. She slipped andfell as she was pushing a cart through the meat section.

Plaintiff alleged that she slipped and fell in chicken blood that hadleaked from packages of chicken and defendant failed to maintainthe premises in a safe manner. She claimed knee and ankle injuriesin the fall and asserted that her knee injury resulted in a permanentimpairment.

Defendant denied liability and contended that it was unaware ofany hazards. Further, defendant argued that plaintiff failed to exer-cise due care for her own safety.

Plaintiff Profile: Plaintiff was a 50 year old single black femalewho was unemployed.

Alleged Injury: Injuries to the right ankle and right knee. For theknee injury, plaintiff underwent arthroscopic surgery and chon-droplasty. She claimed a permanent impairment to her right leg.


Case Number: 1:03-CV-00052

Rockdale CountyState Court

Impeachment of Testimony Regarding

Prior Auto Crash Affects Jury Award

Case Caption:Atiya J. West v. Edward M. Collins and Tim Collins




Verdict: $7,500

Judge: Nancy BillsBILLS, NANCY


Attorneys:Plaintiff: Stephen H. McElwee, Athens

Defendant: William Dale Ellis Jr., AtlantaMCELWEE, STEPHEN H.ELLIS JR., WILLIAM DALE

Facts: A motorist was awarded $7,500 in damages for injuriessustained in an automobile collision. Defendant admitted liabilityfor the collision, but denied causation and plaintiff’s damages. ARockdale County jury deliberated 2 hours before returning its ver-dict. Reportedly, the jury’s award may have been impacted by theplaintiff’s failure to acknowledge a prior accident.

On July 30, 2005, Defendant Edward M. Collins was driving aJeep Wrangler owned by Defendant Tim Collins. Defendant driv-er became distracted. When he looked up, he saw that PlaintiffAtiya West, who was driving a 1993 Toyota Camry, had stoppedto make a turn. He braked quickly, but was unable to stop and col-lided with plaintiff’s bumper. The rear-end impact resulted insevere property damage. Defendant Edward Collins was cited atthe scene of the accident for following too closely.

Plaintiff alleged defendant driver was negligent in failing to main-tain an assured clear distance ahead and keep a proper lookout.She argued that the owner was negligent for entrusting his vehicleto Defendant Edward Collins. Plaintiff claimed she suffered fromsoft tissue neck and back injuries that required chiropractic care.

Defendants admitted liability, but denied causation and damages.Defendants argued that plaintiff’s medical expenses were not rea-sonable or necessary and they were not related to the accident.Defendants asserted that plaintiff had a prior accident and, if therewere injuries, they were preexisting. Defendants contended thatplaintiff denied during discovery that she was involved in a priorcar wreck, but at trial defendant submitted medical records withnotations of a prior accident.

Plaintiff Profile: Plaintiff was a 28 year old single femaleemployed as a clerk.

Alleged Injury: Soft tissue neck and back injuries which requiredchiropractic treatment. Plaintiff continued to suffer from residualpain after treatment ended. Plaintiff claimed $5,488 in medicalspecials and $3,469 in lost wages.


Settlement Efforts: Last Demand: $25,000 Last Offer: $10,000


Case Number: 2006SV1412

Editor’s Notes: Per defendants’ counsel, plaintiff wasimpeached with regard to a prior accident.

Rockdale CountyState Court

Driver Rear-Ended at Stop Sign Fails to

Prove Injuries

Case Caption:Judy Rodgers v. Katie Lee Treadwell


Judge: Nancy BillsBILLS, NANCY


Attorneys:Plaintiff: Scott A. Hart, Atlanta

Defendant: Jay F. Eidex, AtlantaHART, SCOTT A.EIDEX, JAY F.

Facts: A rear-end collision was cited as the cause of plaintiff’ssoft tissue injuries. Defendant admitted liability for the accident,but disputed the proximate cause of plaintiff’s injuries. ARockdale County jury returned a defense verdict after deliberating2 hours.

Plaintiff Judy Rogers and Defendant Katie Lee Treadwell weretraveling in the same direction with plaintiff in front of defendant.Plaintiff stopped for a stop sign and her vehicle was struck frombehind by defendant’s automobile. Plaintiff’s property damagewas minimal to moderate while defendant’s vehicle sustainedminimal damage.

Plaintiff alleged defendant was negligent in failing to maintain anassured clear distance ahead and keep a proper lookout. Sheclaimed she sustained soft tissue neck and back injuries as a directresult of the accident. Plaintiff claimed ongoing pain and that herinjury was permanent.

Defendant stipulated to liability, but denied causation. Defendantcontended that the accident was not severe enough to cause theinjuries plaintiff claimed.




Plaintiff Profile: Plaintiff was a 49 year old divorced female wasunemployed.

Alleged Injury: Soft tissue injuries to the neck and back. Plaintiffclaimed ongoing residual pain and permanency of injury.



Expert(s):Plaintiff: Ralph Dauria, M.D.

Pain Management – Atlanta, GA

Defendant: Hugo Falcone, M.D.Radiologist – Atlanta, GA

Dauria, Ralph, M.D.Falcone, Hugo, M.D.

Case Number: 2006SV1185

Editor’s Notes: Per plaintiff’s counsel, the jurors said there wasa medical record indicating the impact occurred at 45 mph, whichthey thought was inconsistent with the damage to the vehicles.

Rockdale CountySuperior Court

GEICO Receives Declaratory Judgment

in Insurance Dispute

Case Caption:GEICO General Insurance Company v. Lisa Marie Shamp-Martin, Robert Lee Martin and Cody Bennett

Verdict: Declaratory judgment for plaintiff.

Judge: Sidney L. NationNATION, SIDNEY L.


Attorneys:Plaintiff: J. Robb Cruser, Atlanta

Defendant: Ralph J. Villani, SnellvilleCRUSER, J. ROBBVILLANI, RALPH J.

Facts: An insurance carrier filed this declaratory action to deter-mine coverage following an auto accident. The primary issue waswhether the tortfeasor had permission to be operating the insuredvehicle at the time of the accident. A Rockdale County jury foundin favor of plaintiff insurance company after deliberating 3 hours.

On January 6, 2004, Defendant Cody Bennett was operating aCadillac Seville. He was involved in an automobile accident witha vehicle operated by Donna Terry. The Cadillac was owned byDefendants Robert Lee Martin and Lisa Marie Shamp-Martin. Thecar was insured by Plaintiff GEICO General Insurance Company.Defendants requested coverage from GEICO with respect to dam-ages arising from the accident, but GEICO denied the claim.

Plaintiff alleged Defendant Bennett did not have permission tooperate the vehicle and, therefore, was not a person insured underthe subject policy.

Defendants contended Robert Lee Martin gave permission to hisnephew, Cody Bennett, to operate the vehicle on the day of theaccident. Defendants filed a counterclaim for fraud, tort, bad faith,wrongful denial of property damage claims, wrongful retention ofunearned premiums, unfair claim resolution practices and unfairbusiness practices. The counterclaims were dismissed following amotion for directed verdict.

Alleged Injury: Declaratory judgment seeking a declaration ofinsurance coverage with respect to an underlying auto accident.


Insurance Carrier: GEICO

Case Number: 06 CV 2136-N



I N D E X

Alfred-George, Pamela A.......................18Attwood, James A. .................................22Ausband, Andrew C. ..............................19Bass, Glenn S. ........................................14Bassler, Harry W. ...................................15Bechtel, Thomas (Todd) S........................8Berss, Harvey G. ....................................13Cabiness, R. Flay ...................................20Carelli, Suzanne ....................................17Christopher, R. Scott ................................8Correll III, Alston D. ..............................17Cruser, J. Robb .......................................29Daugherty, John F...................................21Dawkins, Robert K.................................17Deitch, Gilbert H....................................13Dixon, John D. .......................................19Dow III, John A......................................20Drew, Jay L. ...........................................27Edmonson, John N. ..................................8Edwards, John C. .....................................4Eidex, Jay F. ...........................................28Ellis Jr., William Dale ............................28Epps Jr., Richard A...................................4Farmer, Robyn Wilensky........................18Fields Jr., Paul Lindsey ..........................20Flynn III, Edward D. ..............................14Friduss, Phillip E....................................26Gaither Sr., Frank M. .............................27Gleaton, Frederick N..............................22Glidewell, Mark H. ..................................5Hamb Jr., Roosevelt ..............................27Hardee, James W. ...................................16Hart, Scott A...........................................28Hawthorne, Marc D................................15Haynes, Darryl G....................................11Hendrix, Richard W..................................7Hertz, Eric J..............................................4Hobbs, Adrienne P....................................4Jaffe, Adam S. ........................................17Johnson, Burke B. ..................................10Johnson, Burke B. ..................................21Katz, Stephen M.....................................18Kelley, William F......................................7Kiel, Gerald S.........................................18King, Michael J. .....................................10Law, Peter A. ............................................4Law, Peter A. ............................................9Levy, Susan J..........................................26Lipman, Robert B...................................27Loewenthal, Glenn A. ............................22Long, Tammi S.......................................13

Mackie, Stephen F. .................................12Major, Gene A. .........................................7Makarenko Jr., Nikolai ..........................23Maner, T. Case........................................22Mann, Tommy C. .....................................4Mast, Gregory L. ....................................20McDuffie, Kenneth P..............................16McElwee, Stephen H..............................28Miller III, Wallace ...................................4Miller, McRae .......................................20Moore, W. James ....................................15Moran, E. Michael ...................................4Morgan, Daniel D...................................13Morrow, K. Eric .....................................16Newsom, Edward M. .............................15Newsom, Edward M. .............................23Oates, Erika C. .......................................23Parker, Tara Waller ...................................7Pitts Jr., Reynolds E. ..............................10Porter, R. Clay........................................19Pruett, H. Lee .........................................26Rampley, Stephen Christopher...............13Ripper, Eric B...........................................6Rogers, Andrew T...................................13Rolader, Randall S..................................15Royal, S. Robert ....................................18Shelton, Joseph P....................................18Shockley, Rodney S. ................................6Shurman, Gregory S...............................11Sims, Waymon ......................................13Smith III, Houston D................................4Stair, Kent T. ..........................................27Stewart, Larry E. ....................................26Teras, Lynley Renin ...............................17Terry, LaShawn Williams.......................23Thompson, Coutney B. ..........................17Toombs, Hillman J. ................................10Turner, Robert Bartley .............................5Tyler, John T...........................................23Veach, Thomas W.....................................9Villani, Ralph J.......................................29Waldon, Russell D..................................12Watkins, E. Brian .....................................9Westbury, James ......................................7Wilde, Douglas A. ....................................9Wilde, Douglas A. ..................................27Wilkinson III, Charles L. .......................27Wisebram, Steven R.................................7Yeager, Sara M. T. ....................................6Zeh III, Billy Reid..................................20

From Your Editors:The trial information contained herein

has been derived from the attorney(s) whoparticipated in the litigation. The GEORGIATRIAL REPORTER is independent of anydefense or plaintiff oriented groups and assuch has attempted to remain completelyimpartial in its reporting.

The GEORGIA TRIAL REPORTER seeks topublish a summary of every availableSuperior and State Court civil jury trial inGeorgia that results in a verdict. Thenumerical figures contained herein havebeen approximated by those who providedor gathered the data.

We are always looking for ways toimprove The GEORGIA TRIAL REPORTER.Your suggestions and comments are sin-cerely welcomed.

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PO Box 709, Crestwood, KY 40014The data contained herein has been publishedfor informational use only. It is not legal adviceand should not be considered legal advice.Reproduction in any form, including office copymachines, electronic data retrieval equipment,other newsletters or reporters, in whole or inpart, without written permission, is strictly for-bidden and is prohibited by law.© Copyright 2006 Verdict Research GroupThe month indicated on this page is a U.S. PostOffice requirement. It bears no relation to thepublishing date or verdict dates of this publi-cation.

OCTOBER 2007

ATTORNEYS


I N D E X


Adams, William P.....................................4Adams, William P.....................................4Bessen, Diane E. ....................................14Bills, Nancy............................................28Bills, Nancy............................................28Brasher, Christopher S. ..........................15Camp, Jack T. .........................................17Carlisle, M. Russell Jr. .............................7Collier, Albert B. ......................................7Collins, Beverly M. ..................................8Cooper, Clarence ....................................18Deal, Jason J...........................................26Fowler, H. Gregory ..................................6Ginsberg, Ronald E. .................................5Girardeau, John E...................................26Gober, C. J. Jr. ..........................................6Gordon, Janis C......................................10Hutchinson, George F. III.......................22Iannazzone, Joseph C. ............................21Iannazzone, Joseph C. ............................22McMurray, William L. Jr........................16Nation, Sidney L. ...................................29Panos, Johnny N.....................................11Panos, Johnny N.....................................12Purdom, Wayne M..................................10Purdom, Wayne M..................................12Roberts, Bernard E. III...........................23Salmon, F. Larry.....................................13Schuster, J. Stephen..................................9Scofield, E. Clayton III ..........................17Story, Richard W. ...................................19White, Jere F...........................................20Wong, Alvin T. .........................................9Wood, Lisa Godbey................................27

Adams, Frank, Ph.D. ..............................14Bradley III, Edward L, M.D...................22Dauria, Ralph, M.D................................29Deriso, H. Clark, M.D..............................6Empting, Larry D., M.D.........................14Falcone, Hugo, M.D...............................29Greenberger, Norton, M.D. ....................22Gross, Jeffrey .........................................14Guss, David, M.D. .................................22Holliger IV, Edward H., M.D.................14Janiak, Bruce D., M.D............................22Joel, Kenneth A., M.D. ..........................14Kluge Jr., William J., P.E. ......................19Langley, Charles R., P.E.........................26Nutter, Wade L., Ph.D. ...........................26Overton, David T., M.D. ........................22Sargent, J. Myra, D.C.............................12Seaman, Bruce D., Ph.D. .......................19Spotts, James W., Ph.D. .........................26Thompson, Earl, M.S. ............................14Willard, Kathryn, M.Ed..........................19

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