tag:www.hickscasey.com,2009:/mt-static//1 2008-12-08T21:00:51Z Movable Type 3.35 tag:64.23.114.37,2008:/mt-static//1.28 2008-12-03T21:30:50Z 2008-12-08T21:00:51Z

Georgia Court of Appeals upholds order granting summary judgment. Facts: James and Susan Desarno purchased a lot and built a home immediately adjacent to Hole #9 of the Creekside Golf and Country Club golf course. Their home was situated such...

Georgia Court of Appeals upholds order granting summary judgment. Facts: James and Susan Desarno purchased a lot and built a home immediately adjacent to Hole #9 of the Creekside Golf and Country Club golf course. Their home was situated such that golfers slicing a drive off of Hole #9 might hit their home. Although the Desarnos claimed their house was subject to "bombardment" at the hearing for temporary injunctive relief, they each admitted that Mr. Desarno was an experienced golfer who had built next to the course for the view. Further, they admitted that their home was encumbered with an easement in favor of the golf course, specifically permitting golf balls to come onto the property. This easement also contained an exculpatory clause absolving the golf course of all liability for any golf ball damage. Alleged injury/damages: Plaintiffs sought an injunction to prevent any use of the golf hole in question. Further, Plaintiffs claimed damage to their home in an unspecified amount likely exceeding $50,000. Result: Summary Judgment for the Defendants Court: Superior Court of Paulding County Appellate Results: Following oral argument at John Marshall Law School between Zach Matthews and Plaintiff counsel, the Court affirmed the order granting summary judgment, citing the easement in favor of the course. Attorneys: Richie Foster and Zach Matthews for defendants; Robert Grayson for plaintiffs ]]> tag:64.23.114.37,2007:/mt-static//1.22 2007-10-30T14:34:57Z 2007-10-30T13:40:19Z

Hicks, Casey & Foster, P.C. is pleased to announce our relationship with a new client resource, TruckRisk247.com. TruckRisk247.com is a unique tool administered by Mark Davis, an expert on truck collision response and an experienced high-level risk manager with a...

TruckRisk247.com. TruckRisk247.com is a unique tool administered by Mark Davis, an expert on truck collision response and an experienced high-level risk manager with a major insurance provider. The site offers attorneys and claims representatives immediate and speedy data on the nature of the venue in question, as well as local contact information including independent adjustor contacts, towing, news reports, and counsel. We are pleased to offer this link to an important and useful defense tool.]]> tag:64.23.114.37,2007:/mt-static//1.27 2007-10-24T16:20:03Z 2007-11-08T16:21:10Z

Plaintiff earns $228,000 verdict following $600,000 demand at mediation Facts: Premier’s driver Lettrecia Clark was operating a trash-hauling truck when she ran a red light at the intersection of Old Dixie Highway and an I-285 exit ramp in Atlanta. Plaintiff,...

Plaintiff earns $228,000 verdict following $600,000 demand at mediation Facts: Premier’s driver Lettrecia Clark was operating a trash-hauling truck when she ran a red light at the intersection of Old Dixie Highway and an I-285 exit ramp in Atlanta. Plaintiff, an inspector for the Department of Homeland Security, was riding his motorcycle to work as Ms. Clark pulled into his path at the intersection. Plaintiff essentially laid down his motorcycle through the intersection and struck the rear tire of the Defendants’ truck. Ms. Clark never cooperated with the defense of the case and failed to appear both for her deposition and at trial. Negligence was admitted. Alleged injury/damages: It was not disputed that Plaintiff fractured multiple bones in his left ankle as a result of the accident and that he had to undergo three surgeries. It also was not disputed that Plaintiff suffered compression fractures at two levels of his back as a result of the accident. It further was not disputed that Plaintiff was forced to miss five weeks of work immediately following the accident. Plaintiff’s total medical expenses were just over $53,000 and his lost income was just under $6,000. The only dispute at trial was the amount of pain and suffering damages Plaintiff was entitled to. Last offer/Last demand: Plaintiff’s last demand at mediation was $600,000. Defendants’ last offer was $150,000. Result: $228,047 verdict for Plaintiff Court: State Court of Fulton County, Georgia Attorneys: Richie Foster and Pamela Newsome for defendants; Mike Webb and David Zagoria of Webb & Zagoria for plaintiffs ]]> tag:64.23.114.37,2007:/mt-static//1.25 2007-10-01T16:14:38Z 2007-11-08T16:16:29Z

Plaintiff awarded $3,315 in admitted liability case Facts: HCF represented Columbia National Insurance Company as an underinsured motorist carrier in this case. The plaintiff (who was an employee of Columbia’s policyholder) was rear-ended by Defendant Hutcheson at an intersection in...

Plaintiff awarded $3,315 in admitted liability case Facts: HCF represented Columbia National Insurance Company as an underinsured motorist carrier in this case. The plaintiff (who was an employee of Columbia’s policyholder) was rear-ended by Defendant Hutcheson at an intersection in Milledgeville, GA. Negligence was admitted. Alleged injury/damages: Plaintiff claimed injuries to his neck, back, shoulders and knee. Plaintiff underwent knee surgery for a torn meniscus. However, it was apparent from the evidence that the knee injury was not caused by the accident. Plaintiff claimed total medical expenses of $14,938 and lost income of $2,310. Last offer/Last demand: Plaintiff demanded $110,000 at trial. Defendant’s liability insurer tendered its $25,000 limits, but this tender was never accepted by Plaintiff. Columbia made no offers of settlement. Result: $3,315 verdict Court: Superior Court of Wilkinson County, Georgia Attorneys: Johnny Mitchell for Defendant acted as lead counsel at trial; Richie Foster and Pamela Lee for Columbia; Malcolm Lindley and Sam Rumph of Lindley & Powell for Plaintiff. ]]> tag:64.23.114.37,2007:/mt-static//1.26 2007-08-27T16:17:21Z 2007-11-08T16:19:06Z

Plaintiff turns down $150,000 and secures $15,000 verdict at trial Facts: Plaintiff was a construction foreman at a residential housing development when he was struck by a truck driven by Defendant Jack Schell. Mr. Schell was on the job...

Plaintiff turns down $150,000 and secures $15,000 verdict at trial Facts: Plaintiff was a construction foreman at a residential housing development when he was struck by a truck driven by Defendant Jack Schell. Mr. Schell was on the job for Defendant Metro Mechanical at the time. Negligence of the Defendants was admitted; however, there was some dispute over how forcefully Plaintiff was actually struck. Alleged injury/damages: Plaintiff claimed a host of injuries were caused by the accident, including a lower back injury that resulted in cage fusion surgery at the L5-S1 level. Despite these claims, Defendant presented evidence on cross examination of the Plaintiff and his four testifying medical providers that all of his injuries pre-existed the accident at least to some extent. Total past medical expenses were more than $160,000. Plaintiff also claimed he could not return to work and claimed total lost income of more than $1 million. Last offer/Last demand: Plaintiff’s last demand following mediation was $1 million. Defendants offered $150,000. Result: $15,000 verdict for plaintiff Court: State Court of Henry County, Georgia Attorneys: Richie Foster and Mike Crawford for Defendants; Jeff Pope and Mark Howard of Pope & Howard for Plaintiffs. ]]> tag:64.23.114.37,2007:/mt-static//1.24 2007-04-16T16:10:29Z 2007-11-08T16:12:06Z

Plaintiff walks away from potential $300,000 settlement; recovers $21,987.88 at trial Facts: HCF’s clients were Womack Paving and its driver, Darryl Ussery. Mr. Ussery was operating a heavy dump truck as he was preparing to turn left onto Hwy. 41...

Plaintiff walks away from potential $300,000 settlement; recovers $21,987.88 at trial Facts: HCF’s clients were Womack Paving and its driver, Darryl Ussery. Mr. Ussery was operating a heavy dump truck as he was preparing to turn left onto Hwy. 41 south of Macon, GA. Plaintiff (a passenger in a Dodge Neon) was traveling north on Hwy. 41 when Mr. Ussery turned into her path of travel. Defendants admitted that their negligence was the cause of the accident. Plaintiff alleged that, as a result of this accident, she injured her lower back and had to undergo cage fusion surgery at the L4/5 and L5/S1 levels of her lower back. However, defense counsel presented evidence on cross examination at trial that the surgery on the lower back was actually caused by a subsequent on-the-job injury. Alleged injury/damages: Disc herniations and cage fusion surgery at the L4/5 and L5/S1 levels of the lower back. Plaintiff presented total medical expenses of just under $144,000. Plaintiff claimed lost income of $9,753.60 Last offer/Last demand: Plaintiff walked out of mediation demanding $900,000. Defendants’ offer at that time was $100,000, but Defendants would have offered up to $300,000 to resolve the case at mediation if Plaintiff would have continued to negotiate in good faith. Result: $21,987.88 verdict for Plaintiff Court: Superior Court of Jones County, Georgia Attorneys: Richie Foster and Zach Matthews for Defendants; Adam Deaver of Kenneth Nugent, PC for plaintiff. ]]> tag:64.23.114.37,2007:/mt-static//1.23 2007-01-08T14:57:17Z 2007-11-08T16:26:12Z

Defense verdict following motorcycle/truck collision Facts: HCF’s clients were Commercial Disposal and its driver, Steve Nelson. Plaintiff was operating a motorcycle on Fulton Industrial Blvd. in Atlanta and alleged that Defendants’ tractor-trailer illegally changed lanes and struck Plaintiff causing severe...

Defense verdict following motorcycle/truck collision Facts: HCF’s clients were Commercial Disposal and its driver, Steve Nelson. Plaintiff was operating a motorcycle on Fulton Industrial Blvd. in Atlanta and alleged that Defendants’ tractor-trailer illegally changed lanes and struck Plaintiff causing severe injuries. Defendants countered that Plaintiff was the one who improperly changed lanes and struck the front of Defendants’ tractor. Following the accident, Defendants’ vehicle was declared “out of service” by a DOT inspector due to improper brake adjustment on the trailer. Despite Plaintiff’s claims, there were two eyewitnesses who corroborated Mr. Nelson and testified that he never changed lanes and that the accident was indeed caused by Plaintiff. A complicating issue in the case was that Defendant Nelson was diagnosed with terminal lung cancer following this accident. In addition, he was incarcerated about six months following the accident on charges that he had murdered a college student in Ohio in the early 1980s. Knowing that Mr. Nelson would not survive long enough to appear at trial, HCF’s attorneys preserved his testimony for trial by way of videotape deposition taken from the Cobb County, Georgia Jail two weeks after the lawsuit was filed (HCF supplied Mr. Nelson with “civilian clothes” for the camera). Mr. Nelson indeed passed away about 18 months prior to trial and the murder charges were dismissed without a formal resolution. Alleged injury/damages: Plaintiff’s body was physically run over by Defendants’ tractor, which fractured Plaintiff’s pelvis in two places and required three surgeries to correct. Plaintiff was also required to wear an internally fixated, external halo around his pelvis for 12 weeks following the accident. Plaintiff also had to undergo skin grafting procedures to repair areas of skin that were essentially scraped off during the accident. Plaintiff presented medical expenses of $67,662.51. He claimed he was completely disabled as a result of the accident and presented a total lost-income claim of $520,000. Last offer/Last demand: Plaintiff demanded Defendants’ $1 million liability limits. Defendants offered $25,000. Result: Defense verdict Court: State Court of Cobb County, Georgia Attorneys: Richie Foster and Pamela Lee for Defendants; Jan Cohen and Steve McConnell of Weinstock & Scavo for plaintiff ]]> tag:64.23.114.37,2006:/mt-static//1.17 2006-12-11T15:56:34Z 2007-07-25T13:44:42Z

Directed verdict following slip and fall at Belk Facts: Plaintiff was a customer at a Belk department store in Thomaston, GA when she fell allegedly after getting her feet caught on a cloth covering a display table. The primary liability...

Directed verdict following slip and fall at Belk Facts: Plaintiff was a customer at a Belk department store in Thomaston, GA when she fell allegedly after getting her feet caught on a cloth covering a display table. The primary liability issues were whether the table cloth was negligently placed and, if so, whether the plaintiff had equal knowledge of the purported hazard. Alleged injury/damages: Comminuted wrist fracture with surgery. Plaintiff claimed $29,557.42 in medical expenses. Last offer/Last demand: Plaintiff demanded $130,000. Belk offered $10,000. Result: Directed verdict for Belk Court: Superior Court of Gwinnett County, Georgia Attorneys: Bill Casey and Erica Morton for Belk; James Creasy for plaintiff ]]> tag:64.23.114.37,2006:/mt-static//1.21 2006-11-13T16:09:02Z 2007-07-25T13:46:27Z

Alleged negligent home inspection results in defense verdict Facts: Plaintiffs retained Inspection Center to conduct a home inspection prior to the purchase of a home in Dade County, Georgia. Following the inspection, Plaintiff’s purchased the home for $375,000. Following the...

Alleged negligent home inspection results in defense verdict Facts: Plaintiffs retained Inspection Center to conduct a home inspection prior to the purchase of a home in Dade County, Georgia. Following the inspection, Plaintiff’s purchased the home for $375,000. Following the purchase, Plaintiffs found numerous problems, including unrepaired attic leaks, mold in the crawl space and other issues. Inspection Center argued that Plaintiffs’ claims against Inspection Center were governed by the signed inspection contract, which had a $275 liquidated damages clause. Plaintiffs argued that Inspection Center was grossly negligent in its inspection of the home thereby nullifying the liquidated damages clause and entitling Plaintiffs to compensatory damages to repair the home and for attorney’s fees and expenses of litigation. Alleged injury/damages: Diminished home value, cost of repair, expenses of litigation and punitive damages. Last offer/Last demand: Plaintiff demanded $150,000. Defendant offered $25,000. Result: Defense verdict Court: Superior Court of Whitfield County, Georgia Attorneys: Mike Crawford and Cindy Griffin for defendants; Skip Patty for plaintiffs ]]> tag:64.23.114.37,2006:/mt-static//1.18 2006-10-16T15:00:15Z 2007-07-25T13:45:06Z

Defense verdict following two-week wrongful death trial Facts: HCF’s client was Forsyth Furnishings which is a furniture store located on Highway 20 in Cumming, GA. The plaintiff was an on-duty motorcycle police officer responding to a fight call while driving...

Defense verdict following two-week wrongful death trial Facts: HCF’s client was Forsyth Furnishings which is a furniture store located on Highway 20 in Cumming, GA. The plaintiff was an on-duty motorcycle police officer responding to a fight call while driving down the center line of Hwy. 20. The officer’s lights and sirens were on. A vehicle operated by a co-defendant turned left while the officer was approaching from behind. The officer struck the motorist and the officer’s path was diverted into the parking lot of Forsyth Furnishings. The officer struck a vehicle parked in the lot. The owner of the parked vehicle was also the owner of Forsyth Furnishings. The officer died as a result of the final collision with the parked vehicle. Plaintiff alleged that Forsyth Furnishings was negligent for maintaining its parking lot within the right of way of Highway 20 and for allowing obstructions (i.e. parked vehicles) to be maintained in that right of way. Alleged injury/damages: Death of on-duty officer. $8 million claim for hedonic and economic damages. Last offer/Last demand: Plaintiff demanded client’s $1.5 million liability policy limits. The insurer for Forsyth Furnishings offered $35,000. Result: Defense verdict Court: Superior Court of Forsyth County, Georgia Attorneys: Richie Foster and Zach Matthews for Forsyth Furnishings; Steven Liebel for plaintiff ]]> tag:64.23.114.37,2006:/mt-static//1.20 2006-06-12T15:06:25Z 2007-07-25T13:45:55Z

Defense verdict following slip and fall at Applebee’s Facts: Plaintiff was a customer at Applebee’s who slipped and fell while walking to the bathroom. Issue was whether Applebee’s employee placed wet floor sign in area of prior drink spill...

Defense verdict following slip and fall at Applebee’s Facts: Plaintiff was a customer at Applebee’s who slipped and fell while walking to the bathroom. Issue was whether Applebee’s employee placed wet floor sign in area of prior drink spill and whether Plaintiff was injured as alleged. Alleged injury/damages: Lower back disk herniations without surgery. Last offer/Last demand: Plaintiff demanded $100,000. Defendant offered $5,000. Result: Defense verdict Court: State Court of DeKalb County, Georgia Attorneys: Mike Crawford for defendant; Sam Levine for plaintiff ]]> tag:64.23.114.37,2006:/mt-static//1.19 2006-05-02T15:03:55Z 2007-07-25T13:45:30Z

Brain-injured plaintiff awarded $250,000 in admitted liability case Facts: HCF’s clients were Wilhite Trucking and its driver, Willie Harper. Mr. Harper was driving a tractor trailer on I-285 in Atlanta when he changed lanes and struck the driver’s rear side...

Brain-injured plaintiff awarded $250,000 in admitted liability case Facts: HCF’s clients were Wilhite Trucking and its driver, Willie Harper. Mr. Harper was driving a tractor trailer on I-285 in Atlanta when he changed lanes and struck the driver’s rear side of Plaintiff’s vehicle. Plaintiff’s vehicle rotated clockwise and perpendicular to the tractor and was pushed down the interstate. Plaintiff’s vehicle ultimately came to rest on the side of the interstate. Defendants’ negligence was admitted. Plaintiff was diagnosed with traumatic brain injury by numerous medical providers including neurologists at Johns Hopkins and Shepard Center. Despite an absence of pre-accident evidence of head trauma or injury, the primary defense was that Plaintiff showed signs of personality disorder – consistent with her post-accident symptomology – prior to the accident. This evidence was elicited through former employers and co-workers. Alleged injury/damages: Traumatic brain injury. Last offer/Last demand: Plaintiff demanded client’s $1 million liability policy limits. Defendants offered $150,000. Result: $250,000 verdict Court: State Court of Clayton County, Georgia Attorneys: Richie Foster and Mike Crawford for defendants; Bill Stone and David Boone for plaintiff ]]> tag:64.23.114.37,2005:/mt-static//1.15 2005-07-28T19:56:06Z 2007-07-25T13:43:53Z

Georgia Supreme Court knocks down TCPA class action Facts: HCF’s client was Carnett’s, Inc., an Atlanta-area car wash chain. Carnett’s had 73,500 faxes sent to potential and existing Carnett’s customers with a discount coupon attached. Plaintiff Michelle Hammond received one...

Georgia Supreme Court knocks down TCPA class action Facts: HCF’s client was Carnett’s, Inc., an Atlanta-area car wash chain. Carnett’s had 73,500 faxes sent to potential and existing Carnett’s customers with a discount coupon attached. Plaintiff Michelle Hammond received one of these faxes and alleged that she had never been a Carnett’s customer and that the fax was entirely unsolicited. She then filed suit against Carnett’s alleging that it violated the federal Telephone Consumer Protection Act, which prohibits sending unsolicited fax advertisements. See 47 U.S.C.A. 227 et seq. Statutory damages for violating the TCPA are $500 per unsolicited fax. If the fax is sent in knowing violation of the TCPA, the statutory damages increase to $1,500. After filing suit, Hammond requested class certification to bring claims on behalf of all persons who received Carnett’s faxes. If the class were certified, Carnett’s would effectively have been facing minimum statutory damages of more than $36 million and damages possibly as high as $110 million. The plaintiff argued that she was per se entitled to have the class certified since the Georgia Court of Appeals had already upheld class certification in a similar TCPA case. See Nicholson v. Hooters of Augusta, Inc, 245 Ga. App. 363 (2000), (Hooters was ultimately forced to pay almost $12 million in damages after that class was certified). HCF successfully convinced the trial court to not certify the class against Carnett’s. See 2003 WL 22319072. Following the trial court’s ruling, Plaintiff retained former Georgia Gov. Roy Barnes and appealed. The Court of Appeals then reversed the trial court. See Hammond v. Carnett’s, Inc., 266 Ga. App. 242, 596 S.E.2d 729 (2004). This represented the first time in history that the Georgia Court of Appeals had reversed a trial court’s ruling denying class certification. Fortunately, the Georgia Supreme Court accepted certiorari and ultimately reversed the Court of Appeals thereby reinstating the trial court’s ruling that class certification was not justified. Carnett’s Inc. v. Hammond, 279 Ga. 125, 610 S.E.2d 529 (2005) Last offer/ Last demand: Plaintiff demanded $10 million policy limits. No formal offers from Defendant Result: $1,500 settlement following appeals Court: State Court of Gwinnett County, Georgia Attorneys: Richie Foster for defendants; Marc Hershovitz and Roy Barnes for plaintiff ]]> tag:64.23.114.37,2005:/mt-static//1.16 2005-02-22T15:52:54Z 2007-07-25T13:44:20Z

Defense verdict following two-week wrongful death trial Facts: Roosevelt Williams was operating a tractor trailer for Clary Logging crossing over I-75 in Dooly County, Georgia. Plaintiff was approaching in the opposite direction. A vehicle exiting I-75 pulled into the path...

Defense verdict following two-week wrongful death trial Facts: Roosevelt Williams was operating a tractor trailer for Clary Logging crossing over I-75 in Dooly County, Georgia. Plaintiff was approaching in the opposite direction. A vehicle exiting I-75 pulled into the path of Defendants’ log truck and forced Defendant to veer left and into the path of the oncoming Plaintiff vehicle. Plaintiff driver was killed. Plaintiff passenger suffered broken leg. Clary Logging’s driver’s post-accident drug test revealed cocaine and marijuana in his blood system. In addition, the driver had a subsequent cocaine possession conviction and child molestation conviction. Accordingly, Plaintiff was seeking punitive damages in addition to compensatory damages. Alleged injury/damages: Broken leg. Medical specials of $22,900 and lost income claim of $4,500. Last offer/Last demand: Plaintiff demanded $250,000. Defendant offered $50,000. Result: $22,900 verdict for plaintiff (wrongful death case settled separately). Court: Superior Court of Crisp County, Georgia Attorneys: Bill Casey and Erica Morton for Clary Logging and Roosevelt Williams; Trey Moody for plaintiff. ]]> tag:64.23.114.37,2004:/mt-static//1.7 2004-11-01T14:35:39Z 2007-07-25T13:38:23Z

Trucking death case nets $762,000 verdict for plaintiff Facts: HCF’s clients Roberts Trucking and its driver, Terry Swanson. Mr. Swanson was traveling east on Ga. Highway 140, a two lane highway in Floyd County, GA. The east bound lane widened...

Trucking death case nets $762,000 verdict for plaintiff Facts: HCF’s clients Roberts Trucking and its driver, Terry Swanson. Mr. Swanson was traveling east on Ga. Highway 140, a two lane highway in Floyd County, GA. The east bound lane widened to two lanes as it approached the Bartow County line. Mr. Swanson entered the newly formed eastbound left lane attempting to pass a vehicle operated by co-defendant Henderson. Henderson did not see the Roberts Trucking tractor trailer in the passing lane as Henderson attempted to merge into that same lane. The left-rear corner of Henderson’s vehicle contacted the front, right corner of the Roberts Trucking tractor. This contact caused Henderson to lose control of his vehicle and be thrown into the oncoming lane of traffic. The plaintiff vehicle was approaching in the westbound (i.e. oncoming) lane and collided with the Henderson vehicle. The operator of the plaintiff vehicle was hospitalized for four days with various contusions and orthopedic injuries. The plaintiff passenger survived about 24 hours before dying of complications resulting from the trauma. Plaintiff alleged that Roberts Trucking was negligent by cutting across a gore as it entered the newly formed passing lane. Although there was no direct evidence on this point, Georgia was a joint-and-several liability state at the time and the plaintiff needed only to prove that Roberts Trucking was at least one-percent negligent to recover a full verdict against Roberts Trucking. The jury ultimately found against Roberts Trucking on liability. Alleged injury/damages: Orthopedic and soft-tissue injuries to plaintiff driver; wrongful death of plaintiff passenger. Total combined medical specials of $60,000. Last offer/Last demand: Plaintiff demanded Roberts Trucking’s $1 million liability policy limits. Defendant Roberts Trucking offered $50,000. Co-defendant Henderson settled pre-trial. Result: $762,000 combined net verdict Court: Superior Court of Floyd County, Georgia Attorneys: Richie Foster and Erica Morton for defendants; Frank Jenkins for plaintiff ]]>