Our lawyers have obtained over $92,000,000 in settlements and verdicts for clients since founding this firm in 2006.
BUSINESS DISPUTES / BUSINESS TORTS / BUSINESS FRAUD
- $2,500,000 jury verdict - We served as lead counsel for Thione International, an Atlanta-based developer of nutritional supplements, in a dispute with a Florida-based marketer and distributor. Thione had been sued by the marketer before our firm got involved. We defended Thione and pursued counterclaims. After a two-week trial in the United States District Court for the Southern District of Florida, the jury returned a $2.5 million verdict for Thione on its breach-of-contract counterclaim and found against Advanced on its claims.. At the time of the verdict, the only settlement offer by Advanced was a request for Thione to pay a significant amount to Advanced. Advanced BodyCare Solutions, LLC. v. Thione Intern., Inc., 06-81128-CIV-HURLEY (S.D. Fla. 2009). On appeal, the Eleventh Circuit affirmed the verdict in a published opinion after hearing oral argument. See Advanced BodyCare Solutions, LLC v. Thione Int'l, Inc., 615 F.3d 1352 (11th Cir. 2010).
- Confidential Settlement of Business Dispute - We helped a Georgia small business in a dispute over fraudulent charges by another business on credit/debit cards. The case resolved favorably after the Court struck the defendant's answer for discovery abuse and jailed the defendant for contempt. Lone Oak Tree Farm LLC, v. Lilywala, et al., State Court of Troup County, Georgia.
- Confidential Settlement of Business Dispute - We represented a Georgia company in a dispute with a Fortune 500 company over the breach of a release concerning badges for The Masters. The case resolved and the terms are confidential. Small Georgia Company v. Fortune 500 Company.
- Confidential Settlement of Business Dispute - We represented a former business owner who was sued by the company that purchased the business. Our firm defended the former business owner and brought counterclaims seeking money damages due under the terms of the purchase contract. The case resolved confidentially in advance of trial. Elite Countertops, Inc. v. Murzea, Superior Court of DeKalb County, Georgia.
- Confidential Settlement of Business Dispute Which Results Multi-Year Stream Of Royalty Payments - We represented an individual against his former business partner who sold a product created by their partnership and then attempted to keep the proceeds instead of sharing with the partnership. The former business partner modified a product that was created by the partnership, and he then sold the product and attempted to avoid sharing the proceeds with the partnership by claiming it was a new, different product. The case resolved within weeks of the scheduled trial date, with the former partner agreeing to a multi-year payment stream from the product's revenue. Partnership Dispute Case, State Court of Fulton County, Georgia.
- Confidential Settlement of Business Dispute - We represented a franchisee with offices in Nevada with respect to its claims against a Georgia franchisor. The case was resolved confidentially soon after a lawsuit was filed. Company A v. Company B.
- Confidential Settlement of Business Dispute - We worked for a Columbus company to pursue a breach of contract claim against another Columbus company. The case was able to be resolved to secure payment of the amount owed. Company A v. Company B.
- Confidential Settlement - We represented a family with claims against a national bank that improperly cashed forged checks, causing hundreds of thousands of dollars in savings to be taken from an elderly man's accounts. After significant litigation, the case was resolved and the terms of the settlement are confidential at the defendant's request. Individual v. Unnamed National Bank, State Court of Gwinnett County, Georgia.
AUTOMOBILE DEFECT CASES/ PRODUCT DEFECT CASES
- $15,085,000 jury verdict - Our attorneys, along with Pete Law and Mike Moran of the firm Law & Moran, represented Erica Maybaum and her family. Erica was hurt when her family's Jeep Cherokee was struck by a drunk driver. Erica, who was twelve years old, suffered serious injury to her brain and spine when her seat collapsed and threw her body into the rear cargo area of the vehicle. Suit was brought against Chrysler as the vehicle manufacturer, Johnson Controls who built the seat, and the drunk driver who caused the wreck. Pete Law, Mike Moran, and Jason Crawford tried the case in the State Court of Fulton County. Maybaum v. JCI et al., State Court of Fulton County, Georgia.
- Confidential Settlement - We represented Misa Brass along with attorneys Pete Law and Mike Moran of Law & Moran. Misa was seriously injured when the fuel tank of her family's Geo Tracker burst into flames when it was rear-ended by a Ford Explorer. Misa was seated in the rear seat and suffered extensive burns before she could be pulled from the Tracker. Her medical bills exceeded $1.5 million in the year after the wreck and were estimated to exceed $6 million over her life. We brought claims against all companies involved in the manufacture and design of the vehicle including General Motors, Suzuki Motor Corp., CAMI, and General Motors of Canada. The case settled for a confidential amount. Brass v. General Motors Corp. et al., State Court of Fulton County, Georgia.
- Confidential Settlement - We represented Karina Lozano along with attorneys Pete Law and Mike Moran. Karina was paralyzed in a car accident in Gainesville, Georgia. She was a rear seat passenger in a Ford Crown Victoria that was hit head-on by another vehicle. Karina had just turned six years old and was properly belted under Georgia law wearing the seat belt provided by Ford. We brought claims against Ford Motor Company for the Karina's paralysis. The damages for her lost income and future medicals were estimated to exceed twenty million dollars. The case settled for a confidential amount just weeks before the scheduled trial. Banks v. Ford Motor Company et al., State Court of Cobb County, Georgia.
- Confidential Settlement - Two-year-old Evan Johnson sustained third degree burns over half of his body when a water heater's pilot light ignited flammable vapors, causing a fire in the basement of his family's home. We represented Evan to pursue claims against the manufacturers of various products involved in the fire as well as the builder of the home. Evan Johnson v. Electrolux Home Prods., Inc. et al., Civ. Act. File No. 02VS041310C (State Court of Fulton County, Georgia).
- Confidential Settlement - On Father's Day in 2006, Billy Sheppard died while mowing his yard when the zero-turn radius Toro lawn mower he was using unexpectedly flipped over. We represented his family in bringing claims against the manufacturer of the zero-turn radius Toro mower. The case resolved shortly after a lawsuit was filed, and the terms of the settlement are confidential. Sheppard v. The Toro Company d/b/a Exmark Mfg. Co., Civ. Act. No. 4:07-cv-00064-CDL (M.D. Ga.).
INSURANCE COVERAGE DISPUTES
- Confidential Settlement - During unusually cold weather in January 2010, an apartment building owned by Fourth Street Baptist Church in Columbus sustained significant water damage from a frozen pipe. The insurance company denied the claim, contending it was not covered due to an insurance policy provision excluding water damage from freezing if the insured did not use its best efforts to maintain heat in the building. Our lawyers were able to show that, when applying Georgia law to construe the insurance policy, it appeared that a policy endorsement completely removed the water damage exclusion from the policy. We also gathered evidence and testimony tending to show that, even if the exclusion was still in the policy, the church did use its best efforts to maintain heat in the building. The case resolved shortly after Dustin Brown took depositions of two key Auto-Owners employees who were involved in the handling of the claim. Fourth Street Towers, Inc. v. Auto-Owners Ins. Co., Case No. 4:10-cv-127-CDL (M.D. Ga.).
- Litigation Of Insurance Coverage Dispute - We represent Colony Bank in pursuing claims for insurance coverage for the property damage sustained when the historic Bibb Mill burned to the ground on October 30, 2008. The case involves significant dollar damages, and the insurance company is represented by attorneys from large law firms in Providence, Rhode Island and Atlanta, Georgia. Colony Bank v. The Hanover Insurance Company, Case No. 4:10-CV131-CDL (M.D. Ga.).
- Jury Verdict In Favor Of Insurance Coverage - We represented a family sued by an insurance company, State Auto Property & Casualty Company, in United States District Court for the Middle District of Georgia. The insurance coverage dispute related to the amount of insurance available for two collisions that occurred on February 3, 2008. State Auto insured a driver who hit two bicyclists on Georgia Route 315 near Ellerslie Place in Harris County. The two collisions were separated by between 95 to 115 feet and about a second in time. The insurance policy provided coverage of "100,000 each accident," but it did not define "accident." State Auto claimed there was one "accident," but the driver and both victims sought coverage for two accidents because there were two separate and distinct collisions. The district court certified a question of law to the Supreme Court of Georgia for guidance on Georgia law. Dustin Brown handled oral argument for our firm. The court stated the critical factual issue is whether the driver "regained control" between collisions. If so, two collisions must be considered two accidents. The case proceeded to trial, and we introduced testimony of the investigating officer for the Georgia State Patrol who explained that the driver did regain control and steer back onto the road between the collisions. We also showed photographs of a "tire furrow" on the road's shoulder, which revealed that the vehicle was headed off the road at the time of the first collision but then returned before the second collision. The jury returned a verdict finding that the driver regained control between collisions. Thus, the district court entered judgment against State Auto and found that there were two "accidents" for purposes of insurance coverage. State Auto Prop. & Cas. Co. v. Matty et al., 286 Ga. 611 (2010); State Auto Prop. & Cas. Co. v. Matty et al., Case No. 4:08-cv-98-CDL (M.D. Ga. 2010).
PEDESTRIAN OR BICYCLIST ACCIDENTS / INJURY / WRONGFUL DEATH
- $3,461,122 jury verdict for bicyclist - We represented the family of Scott Matty, who was hit from behind and killed while riding his bicycle on Route 315 near Ellerslie Place in Harris County. We brought claims on behalf of Scott's family for his injuries and his wrongful death. The defense lawyers initially claimed no liability under the doctrine of "legal accident," but we gathered evidence proving the driver was 100% at fault for the wreck and that Scott was entirely without fault. In light of that evidence, just before trial the driver admitted fault and admitted violating four separate rules of the road that drivers must follow in Georgia. Dustin Brown and Jason Crawford tried the case, and the jury returned a verdict in the amount of $3,461,122. Matty v. Griffin, Superior Court of Muscogee County, Georgia
- $637,685.64 jury verdict for bicyclist - We represented a U.S. Army Ranger who was hit from behind when bicycling on Route 137 near Cusseta, Georgia. This occurred on a west-bound stretch of road with the sun setting almost directly in the driver's vision field, and the defense of "sudden emergency" was claimed due to the sun's blinding nature. The defense attorneys created a re-enactment video that showed sunlight so blinding that it would have supported a "sudden emergency" defense. But, our attorneys were actually at the scene at the time of the re-enactment video (on the one-year anniversary of the wreck) and were able to prove that the video didn't accurately portray the actual sunlight. Thus, the district court did not permit the defense attorneys to show the re-enactment video to the jury at trial. The defense also claimed that there were no real damages, as the Army Ranger looked healthy, appeared to have made a complete recovery, and had not been assigned a permanent disability by any doctors. Using testimony from treating physicians and his Army superiors, we proved that the injuries did cause permanent limitations in the high-level physical work required in his career. Jason Crawford and Dustin Brown in the United States District Court for the Middle District of Georgia. After a four-day trial, the jury returned a $637,685.64 verdict. Pahl v. Robinson, Case No. 4:08-CV-00112-CDL, United States District Court for the Middle District of Georgia.
- Confidential Settlement - We represented a U.S. Army Captain hit by a vehicle while she was running in Flat Rock park in Columbus, Georgia. We quickly gathered evidence confirming that the driver of the vehicle was entirely at fault for abruptly drifting towards the oncoming runner, leaving her no time to avoid the vehicle. We worked with medical providers to establish that there was an ongoing negative impact on the injured Captain's daily activities due to her shoulder injury. The case resolved favorably in the early stages of litigation. Fahey v. McCall, Muscogee County, Georgia.
- Confidential Settlement - We represented a woman injured as a result of a car accident in LaGrange, Georgia. She fortunately did not suffer permanent injury, but she did have temporary injuries and suffered a financial loss from missed work and medical expenses. Despite the relatively small size of the case, we devoted our firm's efforts to making sure she obtained a proper recovery. Gossett v. Unnamed Driver, Troup County, Georgia.
CAR ACCIDENT/ WRECK / PERSONAL INJURY/ WRONGFUL DEATH
- $31,250,000 judgment - We represented parents whose teenage son died from injuries suffered during a severe car crash on Mobley Road in Columbus, Georgia. He was a passenger in a car at the time of the crash, and the evidence proved that the car's driver was driving recklessly and drag racing another car. The driver also fled the scene and failed to render any aid. Jason Crawford handled the trial for the family. He obtained a judgment for the wrongful death of $10,000,000, punitive damages of $15,000,000, and attorney's fees of $6,250,000. Jason also obtained confidential settlement amounts from the insurance companies for the drivers of two other vehicles with some involvement in the collision. Laverty v. Starling, Superior Court of Muscogee County, Georgia (2011).
- Confidential Settlement - We represented parents whose teenage son died from injuries suffered during a severe car crash on Mobley Road in Columbus, Georgia. In addition to proving liability of the driver of the vehicle in which he was a passenger, we were able to establish that the wreck could have been avoided if two other vehicles on the road were driven more safely at the time of the wreck. The claims against the other drivers resolved for insurance payments exceeding a million dollars.
- $584,000 settlement - We represented a woman who began to suffer from symptoms of traumatic brain injury following a relatively minor car wreck in LaGrange, Georgia. The proof that the traumatic brain injury was caused by the wreck was challenging due to the low speed wreck, plus the fact that the client had brain surgery a month after the wreck to remove a benign cyst. Despite those challenges, we effectively proved the brain injury was caused by the wreck using testimony from treating doctors and testimony of friends and co-workers noting her personality changes immediately following the wreck and before the surgery. The insurance limits were recovered from the driver of the vehicle, and we continued to search for additional sources of recovery. We gathered evidence showing that the driver, despite being on a lunch break, was nonetheless "on the job" such that we were able to recover additional insurance coverage from his employer. Price v. Unnamed Individual, State Court of Cherokee County, Georgia; and Price v. Unnamed Employer, State Court of Gwinnett County, Georgia.
- $450,000 settlement - We represented a Columbus resident injured in a car accident that occurred as he was turning into his home's driveway. Although he did not seek medical treatment for several days, months after the wreck he eventually underwent back surgery. We worked to show that the trauma of the wreck caused his back injury and necessitated the surgery. The case resolved shortly after the case was scheduled for trial. Billingsley v. Seasonal Concepts, Superior Court of Muscogee County, Georgia.
- $310,000 settlement - We represented a resident of Albany, Georgia who was badly injured in a car wreck that occurred in Panama City, Florida. Jason Crawford ensured maximum recovery for the client, and he was able to resolve the case early in litigation and obtain payment of every penny of insurance coverage that was available.
- Confidential settlement - We represented the family of a Columbus woman who died when a vehicle crossed the center line and caused a head-on collision on Highway 208 in Harris County, Georgia. We proved that the driver who caused the wreck was driving for work purposes, and as a result the employer's insurance was available. The case resolved shortly after it was filed. Superior Court of Muscogee County, Columbus, Georgia.
- Confidential settlement - We represented Jeffrey Haygood who sustained a back injury in a low speed rear-end collision near Birmingham, Alabama. Mr. Haygood's car was hit by a heavy Loomis Fargo & Co. armored truck. The impact caused his cervical spine to hyperextend, resulting in spinal cord swelling and ultimately requiring surgery to fuse his cervical spine. The testimony of the treating physician was crucial in proving the low-impact collision caused Mr. Haygood's spine to hyperextend, leading to the injury that required surgery. The case resolved just weeks before the scheduled trial date. Haygood v. Loomis Fargo & Co. et al., Civ. Act. No. CV-06-3503 (Circuit Court of Jefferson County, Alabama)
- Confidential Settlement - We represented a Columbus resident who was injured when an oncoming vehicle turned left directly into her vehicle's lane. She sustained multiple fractures in her foot and leg. The parties reached a confidential cash settlement with the insurer for the defendant motorist and the insurer with excess underinsured motorist coverage. Cavis v. Cleaves, Superior Court of Coweta County, Newnan, Georgia.
- Confidential Settlement - We represented the family of a woman who was tragically killed as a passenger in a severe car wreck. The driver of the vehicle was intoxicated, and the insurance limits were recovered from both the liability and uninsured motorist carriers in this case.
- Confidential Settlement - We represented a Eufaula, Alabama man who was injured in a wreck on Alabama State Highway 16. He was badly cut and required surgery for knee damage from the wreck. The parties reached a settlement through the liability insurance carrier for the defendant.
- Confidential Settlement of Alcohol & Dram Shop Case - We represented the family of Kelly Caldwell and Dylan Eurell for their wrongful death and personal injury claims. During the summer of 2006, Chuck and Kelly Caldwell and their grandson, Dylan Eurell, were traveling on Ledo Road in Lee County, Georgia when a drunk driver crossed the center line and collided with their vehicle. Chuck and Kelly Caldwell were killed and their grandson, Dylan, was seriously injured. We brought a dram shop action against Lee Pub as a result of their patron becoming intoxicated and causing this head-on collision. The parties reached a confidential settlement with the bar, the drunk driver, and the underinsured motorist carrier. Barron et al. v. Littleton, Superior Court of Lee County, Leesburg, Georgia; Barron et al. v. Jenkins d/b/a Lee Pub, Superior Court of Lee County, Leesburg, Georgia.
PERSONAL INJURY/ WRONGFUL DEATH
- Confidential Settlement - We represented a woman who was badly burned when a drive-thru worker at a national coffee shop spilled hot tea into her car and onto her lap. The national coffee shop had safety procedures that employees were required to follow to avoid this precise risk, and we gathered evidence showing that the employee violated the procedures. The employee double-stacked two hot drinks and inadvertently spilled them onto the customer's lap while saying "don't try this at home." The case was resolved for a confidential amount one week before trial. Individual v. Fortune 500 Company, State Court of Gwinnett County, Georgia.
- Confidential Settlement - In September of 2010, a young man died from injuries sustained while riding a four-wheeler near Buena Vista, Georgia. He had no prior experience on four wheelers, and the person who supplied the four wheeler did not provide a helmet for use, did not offer any riding instructions, and did not provide any warnings of the property areas known to have dangerous slopes. In addition to meeting with important witnesses, our lawyers analyzed Georgia law and established valid legal theories to pursue for the family of this young man. The case resolved for the insurance policy limits in response to a pre-suit demand letter.
- $210,000 Settlement - Gene Stella was staying at a hotel during a trip to Columbus, Georgia. While there, Mr. Stella badly injured his knee in a fall in a wet elevator that had been mopped by a hotel employee just before Mr. Stella entered the elevator. He had to undergo surgery to repair the damage and then ultimately needed a knee replacement. Mr. Stella was paying attention to where he was walking at the time of the fall, but the slippery floor was not noticeable. Stella v. Petro Investments, Inc., Superior Court of Muscogee County, Georgia.
CLASS ACTIONS / CONSUMER CASES
- Refund of Unauthorized Workers Comp Insurance Premiums - We represented a class of Georgia nurses who were placed in positions by a temporary employment agency which deducted workers' compensation insurance premiums from the nurses' paychecks. The court approved a settlement where the nurses received every penny of deducted insurance premiums, plus interest, without having to submit a claim form. Not a single class member opted out of the settlement, which is believed to be the first class action resolved successfully in state court in Hall County, Georgia. Bennett v. Comprehensive Nursing Care, Inc., Civil Action File No. 2006 CV 1724B (Superior Court of Hall County, Georgia).
- $9,000,000 Settlement Relief for Refund of Credit Insurance Unearned Premiums - We brought claims on behalf of a consumer who bought credit insurance from MS Life Insurance Company. We worked with another law firm to pursue these claims, and we were able to reach a nationwide settlement in which the consumers received a refund of the entire amount of any unearned premiums, plus interest. Dillon v. MS Life Ins. Co.
- Settlement of Claims Against Law Firm Related to Closing Charges for VA Refinance Loans - We represented a class of veterans in a lawsuit challenging the closing practices of a major real estate closing firm. The case settled on terms very favorable to the class and the settlement received court approval.
- Lawsuit Challenging Illegal Notary Fees in Georgia - We represent a putative class of Georgia borrowers who were charged notary fees in excess of the amount allowed under Georgia law by a lender. The case has been vigorously litigated, with the case traveling to both the federal and state appellate courts to address important legal issues. Anthony v. American General Fin. Svcs., 583 F.3d 1302 (11th Cir. 2010) (certifying question to the Supreme Court of Georgia); Anthony v. American General Fin. Svcs., 287 Ga. 448, 697 S.E.2d 166 (2010) (answering certified question).
CASES HANDLED IN APPELLATE COURTS
- Our lawyers have handled appeals in both federal and state courts, including the cases referenced below which our lawyers have handled during the past few years.
- Eleventh Circuit Court of Appeals - Advanced BodyCare Solutions, LLC v. Thione Int'l, Inc., 615 F.3d 1352 (11th Cir. 2010). The Eleventh Circuit Court of Appeals upheld a $2,500,000 verdict in favor of our client, Thione International. It found that there was sufficient evidence to support the verdict, and thus the Court affirmed the jury's award of $2,500,000.
- The Supreme Court of Georgia - State Auto Prop. & Cas. Co. v. Matty, 286 Ga. 611, 690 S.E.2d 614 (2010). This action related to the amount of available insurance coverage for two collisions that took place within just over a second's time and between 95 to 115 feet apart on the road. The insurance policy provided coverage of "100,000 each accident," but it did not define "accident." The United States District Court for the Middle District of Georgia certified a question of law to the Supreme Court of Georgia, seeking guidance on how to determine if two collisions should be considered one or two accidents for purposes of the coverage. Dustin Brown handled the appeal and the oral argument to the Supreme Court of Georgia on behalf of our firm. The Court found the number of "accidents" is determined by the number of causes, and that two accidents exist if the driver regained control between collisions. The case returned to the district court, and it ultimately resulted in a jury verdict finding the driver did regain control such that there was coverage for two accidents.
- Eleventh Circuit Court of Appeals / The Supreme Court of Georgia - Anthony v. American General Fin. Svcs., 583 F.3d 1302 (11th Cir. 2010); Anthony v. American General Fin. Svcs., 287 Ga. 448, 697 S.E.2d 166 (2010). This case is a putative class action on behalf of Georgia borrowers who were charged notary fees in excess of the amount allowable under Georgia law by a lender. The case has traveled to both the federal and state appellate courts to address important legal issues.
The Supreme Court of Arkansas - Southern Pioneer Life Ins. Co. v. Thomas, 2011 Ark. 490 (2011). The Supreme Court of Arkansas ruled that an insurer could not require its insured to go to arbitration as it affirmed the trial court's order denying the insurer's motion to compel.
Past cases handled by the lawyers* of Daughtery, Crawford & Brown while working at another law firm
BUSINESS DISPUTES / BUSINESS TORTS / BUSINESS FRAUD
- Confidential Settlement with Venture Capitalists - The founders of an internet security company became involved in a dispute with venture capital investors over the appropriate share price to be paid the founders upon exit from the company. The founders claimed that they were entitled to receive the same price per share as the venture capital investors. A shareholder agreement set forth these rights, but the venture capital investors claimed the provision found its way into the document by "mistake." After intensive document discovery and several depositions, including depositions of the corporate lawyers at King & Spalding and Alston & Bird who drafted the deal documents, the case concluded with a confidential settlement favorable to the founders. Lyman, et al (Counter Claimants) v. GE Capital et al, Superior Court of Fulton County, Atlanta, Georgia.
AUTOMOBILE DEFECT CASES / PRODUCT DEFECT CASES
Product Liability / Roof Crush -- Confidential Settlement
- Confidential Settlement of Rollover/Roof Crush Case - Perry and Amanda Steiner brought suit against General Motors Corporation after a rollover in their 1998 Pontiac Montana. The roof structure of the Montana crushed onto Perry and Amanda during the rollover, leaving both quadriplegics. Both were wearing seatbelts and were seated on the passenger side of the vehicle where the roof crushed. The other three family members were on the side of the vehicle where the roof did not crush and were able to walk away without injury. Steiner v. General Motors Corp., United States District Court of Kansas.
- Confidential Settlement of Rollover/Roof Crush Case - Martha Stansell and her husband, Major Jackson Stansell, brought suit against Ford after they were involved in a rollover in a 1996 Ford Explorer. The Explorer's roof crushed into the occupant space, striking the Stansells and leaving Martha a quadriplegic and Major a paraplegic. They were both wearing seatbelts and were on the passenger side where the roof crushed. On the driver's side of the Explorer where the roof did not crush, the two occupants suffered much less severe injuries and fully recovered. Stansell v. Ford Motor Co., Court of Common Pleas, Hampton County, South Carolina.
- Confidential Settlement of Post Collision Fire Case - Sherry Bradstreet brought suit against General Motors on behalf of her sister and her sister's three sons after all were killed when the car they were traveling in became engulfed in flames due to punctures to the vulnerable side-mounted fuel tank in the C/K pickup truck that struck their vehicle. Bradstreet v. General Motors Corp., United States District Court of Montana, Missoula Division.
- Confidential Settlement of Seat Back Failure Case - Mrs. McCutchen was involved in a rear-impact collision and the driver's seat of her 1990 Cadillac Sedan DeVille failed. She "ramped" underneath her seatbelt and into the back seat where she broke her back at T-11 and was permanently paralyzed. McCutchen v. General Motors Corp., State Court of Troup County, Lagrange, Georgia.
- Confidential Settlement of Post Collision Fire Case - Brian Chamberlain was severely burned when his GM pickup truck exploded in a collision. He brought claims against General Motors Corporation for the injuries caused by the punctures and failures of the vulnerable side-mounted tank and vulnerable filler neck. Chamberlain v. General Motors Corp., United States District Court of Kansas.
- Confidential Settlement of Post Collision Fire Case - Alvin Phillips brought suit on behalf of his daughter, son-in-law, and two grandsons. Three of them were killed and one was injured when their Chevrolet pickup truck caught fire due to punctures to the side-mounted fuel tank in a collision with a tractor-trailer. Phillips v. General Motors Corp., United States District Court of Montana, Missoula Division.
- Confidential Settlement of Post Collision Fire Case - Mr. Bampoe-Parry's 1985 Chevette was rear-ended by a Volvo while he was trying to merge onto the interstate in Atlanta. The fuel tank on the Chevette failed resulting in a fuel-fed fire that ultimately killed Mr. Bampoe-Parry. Bampoe-Parry v. General Motors Corp., State Court of Fulton County, Georgia.
- Confidential Settlement of Door Latch Case - The family of Mr. Cooper brought suit against GM after the door of his Chevrolet S-10 pickup came open during a wreck. The door latching system failed, allowing the door to open. Mr. Cooper was partially ejected and ultimately died as a result. Cooper v. General Motors Corp., Circuit Court of Hinds County, Mississippi, First Judicial Circuit.
- Confidential Settlement of Automobile Fire Case - The case involved a defective fuel system in a GM "A-Car." Lottie E. Knott and Mary A. Whaler died as a result of a post-collision fuel-fed fire when their 1979 Chevrolet El Camino was struck in the rear by a 1978 Ford Fairmont. Hamil/Knott v. General Motors Corp., White/Whaler v. General Motors Corp., United States District Court for the Southern District of Mississippi, Jackson Division.
- Confidential Settlement of Door Latch Case - The mother of young children brought suit against General Motors Corporation after her daughter was killed and son injured when their Pontiac Grand Prix's Type III door latch failed in a collision. The failure allowed the door to open in the collision and ejected both children. Simmons v. General Motors Corp., United States District Court for the Southern District of Mississippi, Jackson Division.
- Confidential Settlement of Automobile Fire Case - The spouse of 46-year-old man brought suit against GM after he was killed in a wreck when the side-mounted fuel tank of the truck he was riding in punctured and caused an explosion. Peterson v. General Motors Corp., United States District Court, District of Kansas.
- Confidential Settlement of Automobile Fire Case - The case involved a GM pickup truck with side-saddle fuel tank that caught fire in a collision, causing the death of a 41-year-old woman. Barnes v. General Motors Corp., Court of Common Pleas, State of South Carolina, County of Richland.
- Confidential Settlement of Automobile Fire Case - Jeanette Douglas died from fire after the Chevrolet pickup truck she was a passenger in became engulfed in flames due to punctures to side-mounted fuel tank during in a collision. Douglas, et al. v. General Motors Corp., Second Judicial District Court of the State of Nevada, Washoe County.
- Confidential Settlement of Jeep Rollover Case - A 19-year-old man was paralyzed when the 1980 CJ-5 in which he was a belted passenger rolled over after striking a curb. Morgan v. Chrysler, et al., State Court of Fulton County, Georgia.
- Confidential Settlement of Door Latch Case - The parents of a young man brought suit after their son was killed when he was ejected from his 1987 Pontiac Grand Am when the car's Type III door latch failed during a collision. Conkle v. General Motors Corp., State Court of Muscogee County, Georgia.
- Confidential Settlement of Automobile Fire Case - The parent of a young man brought suit against GM after her son was killed by fire when his motorcycle had a side impact collision with a Chevrolet pickup truck. Randolph v. General Motors Corp., State Court of Fulton County, Georgia.
- Confidential Settlement of Automobile Fire Case - The mother of a 22-year-old man brought suit when her son was killed by fire after his GM truck hit a bridge and the side-saddle fuel tank design caught fire.
- Confidential Settlement of Automobile Fire Case - The surviving wife and mother brought suit against GM after her husband and young son were killed when their truck caught fire in a collision. Seebeck v. General Motors Corp., United States District Court, Northern District of Georgia.
- Confidential Settlement of Automobile Fire Case - The surviving parents of a young man brought suit against GM after their son was killed by fire when his motorcycle had a low speed side impact with a GM pickup. Cockrum v. General Motors Corp., United States District Court for the District of Kansas.
- Confidential Settlement of Automobile Fire Case - The surviving wife brought suit against GM after her husband was killed by fire when the pickup in which he was riding was struck by a trailer that separated from another vehicle. Wilson v. General Motors Corp., United States District Court of Tulsa County, Oklahoma.
- Confidential Settlement of Seat Back Failure Case - The family of 7-year-old Austin Bundrick brought suit against Ford after he was killed from severe head trauma caused when the front seat-back in the family's Escort collapsed and struck his head. Bundrick v. Ford Motor Co., Court of Common Pleas for the County of Richland, State of South Carolina.
- Confidential Settlement of Tire Tread Separation, Rollover, and Roof Crush Case - The driver of a Ford Explorer was paralyzed after a tire separated and the vehicle rolled and sustained severe roof crush. The parties agreed to a confidential settlement of this case against Ford Motor Company and Goodyear Tire and Rubber Company. Jackson v. Ford Motor Co., State Court of Troup County, Lagrange, Georgia.
CAR ACCIDENT / WRECK/ PERSONAL INJURY /WRONGFUL DEATH
- Confidential Settlement of Alcohol & Dram Shop Case - A dram shop action was brought against Hooters' as a result of a patron becoming intoxicated and then causing a head-on collision which killed a 29-year-old woman. Additional settlement amounts were recovered from defendant motorist and underinsured motorist carrier. McGray, et al. v. Hooters of America, Inc., et al., State Court of Fulton County, Georgia.
- Confidential Settlement of Wrongful Death Case - After a tire tread separation on a van that was transporting children, the driver lost control and the van overturned. The children were all injured, and one of the children was killed. The parties reached a confidential settlement. Gandy et al. v. Michelin North America, Inc. et al., Superior Court of Muscogee County, Columbus, Georgia.
- Confidential Settlement of Tractor-Trailer Wreck - Kerri Hayes, Jacob Hayes, and their stepfather James Richardson were killed when their truck was struck by a tractor-trailer near Albany, Georgia. The family was turning left at an intersection when the tractor-trailer ran a red light and "t-boned" their pickup. The tractor-trailer driver was distracted and failed to see them in time to stop or even slow down prior to impact. Richardson, et al. v. William Scottsman, Inc. and Andrew Kegler, State Court of Fulton County, Georgia.
- $1,750,000 Settlement In Accident Involving Pedestrian - A 46-year-old man died when struck as a pedestrian by a tractor-trailer. His wife saw the aftermath of the collision, and the settlement included claims for her emotional distress in addition to wrongful death and estate claims. Hutcherson v. The Progressive Corporation et al., United States District Court, Northern District of Georgia.
- $800,000 Settlement In Motorcycle Accident - A 34-year-old man who was a construction worker suffered multiple fractures when his motorcycle was hit by a truck making an illegal U-turn. Liddell v. K.D. Curry Enterprises, State Court of Fulton County, Georgia.
- Confidential Settlement - A young mother was killed when a tractor trailer crossed the center median of Interstate 94 and blocked the oncoming lane of traffic in which she was traveling thereby colliding with the young mother's vehicle and resulting in her death. The parties reached a confidential settlement. Athakhanh v. Covenant Transport, Inc.
- Confidential Settlement - A 29-year-old female was assaulted due to inadequate hotel security while attending a trade show at an Atlanta hotel. The parties were able to reach a confidential settlement. Anderson v. Radisson Hotel Corp., United States District Court, Southern District of Georgia.
- $3,250,000 Settlement - Case involved an attack, assault, and robbery of a guest of a hotel that provided no security despite its location in a dangerous area. Unnamed Plaintiff v. LaQuinta Motor Inns, Inc., State Court of Muscogee County, Georgia.
- $3,136,265 Structured Settlement - A child died when using recreational equipment. As part of the settlement, the plaintiff insisted that defendant adopt a safety plan to prevent future injuries. Unnamed Plaintiff v. Unnamed Defendant, State Court of DeKalb County, Georgia.
CLASS ACTIONS / CONSUMER CASES
- "Universal Life" Insurance Policies - Jason Crawford and Dustin Brown worked extensively on this nationwide class action related to the sale of "universal life" insurance policies and, more specifically, administration of those policies with respect to periodic premium charges. Mr. McBride saw his $150 monthly premium, which he had paid regularly for 13 years, unilaterally increased by the insurance company every year on his birthday, starting around the 14th year of his policy. Ultimately, Mr. McBride's premium obligation tripled. The case was settled on a class-wide basis with massive benefits made available for policyholders. The nationwide class action settlement was approved on August 12, 2004, and it made more than $153 million in relief available to the class members, including the opportunity to receive a guarantee from the company that premiums could not be increased by the company during the life of the policies.
- Credit InsuranceUnearned Premium Litigation - Jason Crawford and Dustin Brown worked extensively in cases involving credit insurance. The claims relate to the insurance companies' practice of failing to refund unearned premiums when the customer's loans are paid off early. In the first of these cases to reach certification, the Muscogee County Superior Court certified a nationwide class at the end of the day long hearing handled by Jason Crawford. This class certification order approving class action treatment was affirmed in its entirety on July 10, 2006 by the Georgia Court of Appeals.
- Government Payments For Ambulance Services - Jason Crawford and Dustin Brown were heavily involved in a nationwide class action against the United States government. The case related to the failure by the Department of Health and Human Services ("DHHS") to compensate ambulance suppliers under a "fee schedule" as directed by Congress. Within only six months after filing suit, the plaintiffs had secured class certification and summary judgment in favor of the class members over strenuous opposition. Soon thereafter, the DHHS published a proposed new fee schedule in accordance with the trial court's Order that would provide payment of over $80 million dollars to affected ambulance suppliers. On appeal the Eleventh Circuit overturned the decision on jurisdictional grounds, never reaching the merits of the dispute.
*The lawyers of DCFB were involved in the representation of these cases while they were attorneys at another law firm.
These prior case results are not representative of the value of any other cases and no case results are guaranteed. Each case is different and the results differ based on the facts of the individual case. Also, some of the above cases were handled with assistance of co-counsel or with the aid of an attorney that associated our firm.
Free personal injury consultation: Contact a lawyer at Daughtery, Crawford & Brown in Columbus, Georgia, for a free initial consultation today so we can begin to protect your rights.