Automobile Accident Cases

Cessay v. VCA

Farma Kane was a 14-month old, properly restrained, back seat passenger in a car that her father, Omar Kane, was driving while making making deliveries for VCA, Mr. Kane's employer. Mr. Kane rear-ended a disabled vehicle while on the freeway, and the collision resulted in Farma Kane becoming a quadriplegic and dependent on a ventilator. As Mr. Kane was working at the time of the collision, we used the theory of respondeat superior (an employer is generally liable when an employee's actions coincide with the employee performing duties as assigned) to bring a claim against VCA, his employer. The employer made a motion for summary judgment (a judgement without going to a full trial) on the basis that the scope of Mr. Kane’s official duties does not include making deliveries while also having his child in the back seat of the vehicle. After briefing and oral argument, the motion for summary judgement was denied, and, subsequently, the defendants agreed to pay $9,450,000. This award will provide for a steady flow of funds ensuring that Farma is properly taken care of for the rest of her life.

Kingsley v. Beam

Scott Kingsley, while riding his motorcycle, was involved in a collision when a vehicle, driven by Donna Beam, pulled out in front of him. Mr. Kingsley died as a result of the accident. The driver of the vehicle, Donna Beam, had recently been drinking alcoholic beverages. Mr. Jones' firm took this case to trial. The jury awarded Mr. Kingsley’s widow and daughter $4 million in damages, $2.4 million of which was for pain and suffering experienced by Mr. Kingsley. The decision was appealed to the Georgia Court of Appeals, which unanimously upheld the verdict.

Schrang v. McFarland

Cathy Schrang was involved in an accident in Paulding County, Georgia which led to her vehicle overturning and coming to rest upside down in a ditch. As a result of the accident, Ms. Schrang suffered a herniated disc in her neck which led to surgery. A lawsuit was filed and after discovery, the Defenant admitted fault for the accident and her insurance company tendered their $100,000 limits. Fortunately, Ms. Schrang had purchased a significant umbrella policy with her insurance company which also provided coverage to her for the claim. After mediation, Ms. Schrang's insurance company agreed to pay $398,500 resulting in a total recovery to Ms. Schrang of $498,500.

Chi v. Brandyburg

Mrs. Chi was a passenger in a car driven by her husband that was involved in an accident when a driver pulled out in front of them on Howell Mill Road. At the time of the impact, Mrs. Chi was reaching for something that had been dropped on the floor of the car. Due to her position at the time of the impact, she suffered a significant injury to her brachial plexis nerves. As a result of her injury, Mrs. Chi incurred $47,000 in medical expenses. Mr. Jones' firm hired an expert to prepare a life care plan outlining the care and treatment Mrs. Chi would need for the next ten years. Mr. Jones also hired a professor at Clemson University to calculate Mrs. Chi's future medical expenses and future lost wages. As a result of this work, the defendants paid $375,000 to resolve Mrs. Chi's claim prior to trial.

VanSant v. Preston

On July 23, 2004 Vaughn VanSant was a rear seat belted passenger in a 1997 Toyota 4-Runner traveling on Old Alabama Road in Alpharetta, Georgia. Vaughn and her friends were on their way to a concert at Centennial Olympic Park. As the vehicle Vaughn was riding in approached an intersection, a vehicle driven by a drunk driver cut in front of them causing a severe collision which led to the rollover of the 4-Runner. As a result of the accident, Vaughn received a significant injury to her knee which required surgery to remove glass and debris from her knee. After a thorough investigation and discovery, the case was mediated to a successful resolution with the Defendants agreeing to pay $185,000.

Britton v. GMS, et al.

Tony Britton was stopped in traffic on I-575 when his vehicle was violently struck from behind by a heavy duty work truck. The impact pushed Mr. Britton's vehicle into the car in front of him an then into the median. The truck driver was operating in the course and scope of his employment with his employer. As a result of the collision, Mr. Britton was severely and permanently injured. Mr. Britton had to have surgery on his neck due to a herniated disc. Mr. Britton incurred significant medical expenses. Mr. Jones' firm pursued the case vigorously and discovered that the glass company had a significant insurance policy providing coverage for the incident. The case was settled after mediation for $687,500.

White v. Reece

On March 6, 2006 Mr. White was involved in a serious accident in Canton, Georgia when his vehicle was rearended by a full-size pick up truck. As a result of the impact, Mr. White's vehicle was pushed off the roadway and overturned. Mr. White was life flighted from the scene and remained hospitalized for several days following the accident. As a result of the accident, Mr. White incurred medical expenses exceeding $60,000 and we were able to negotiate a pre-litigation settlement of $225,000.

Trucking Cases

Fridlund v. Lakeway Trucking, et al.

Deidra Marsh, age 19, was a front seat passenger in a vehicle being driven by her boyfriend. He lost control of his vehicle and collided with another vehicle. The impact caused both vehicles to go out of control, with the vehicle driven by Ms. Marsh's boyfriend traveling across the travel lanes toward the concrete median. At that time, the truck driver who was driving a fully loaded tractor trailer on behalf of his employer, Lakeway Trucking, Inc. observed the impact of the two vehicles in front of him, however, was unable to avoid a collision with the vehicle driven by Ms. Marsh's boyfriend. Deidra Marsh suffered fatal injuries as a result of the collision.

During discovery, we obtained admissions from Lakeway representatives that the driver's hiring and training were in violation of their company policies. Furthermore, the driver admitted that he was exceeding the speed limit at the time of the accident, and that he had not checked the adjustment levels of his brakes. An inspection of the tractor trailer by the Cobb County Police Department revealed that four of the six tractor brakes were out of adjustment.

The case settled for $1,500,000.00 following mediation.

Lawler v. Cresco Lines and Georgia Pipe

John Lawler was returning home after work when he was killed after an overhead sign fell on to Mr. Lawler’s vehicle. An out-of-control truck had run into the freeway median strip, hitting the footing or base of the overhead sign, thus causing the sign to fall on the victim's car. Mr. Jones’ firm completed a thorough investigation, proving that incorrect loading of PVC pipe on the trailer while at the pipe company caused the load to shift, thus explaining why the truck lost control. During the trial, the driver and trucking company agreed to pay the $1 million limit as specified by their insurance company. The jury also found the pipe loading company liable and awarded Mr. Lawler's parents over $1.7 million. The verdict was affirmed on appeal.

Fallis v. Thomas Concrete of Georgia, et al.

James Arnold stopped his 18 wheeled tanker truck in an active travel lane of the on-ramp. Mr. Fallis, while attempting to enter I-75, ran into the rear of the parked tanker causing his fatal injuries. Mr. Arnold ignored 61 metal “No Parking” signs which were posted throughout the on-ramp. During investigation, Mr. Arnold stated that the reason he stopped was due to a flickering of his left front headlight. He further stated that before checking the flickering condition, he relieved himself on the side of the road. When interviewed by the investigating officers, Mr. Arnold initially told the same story as contained within his written statement. When further questioned regarding the incident and the physical evidence, Mr. Arnold finally admitted that he lied about the flickering headlight and had stopped solely to relieve himself and that he was doing so at the time the impact occurred. Defendant Thomas Concrete conducted an internal investigation and determined that the accident was preventable.

The case settled for $1,000,000.00 following mediation.

Batten v. Marable-Pirkle, Inc.

Alfred Thomas was driving a truck for his employer, Marable-Pirkle, when he crossed the center line on a highway and struck and killed Lisa Batten, who was driving in the other direction. We represented Ken Batten, Lisa’s husband, and secured a settlement of $2 million on his behalf.

Perkerson v. Brown Packing Co., Inc. and UPS Truck Leasing, Inc.

Daisy Elzey had been driving her car on the highway. Jeffrey Goode, a tractor-trailer driver for the defendants, was tailing and harassing her. She did her best to get out of the way of Mr. Goode, but he continued to harass her and follow her closer than he should have. Ms. Elzey changed lanes several times, lost control of her vehicle, crossed the median, and collided with a different tractor-trailer. At no point did Mr. Goode’s truck make contact with Ms. Elzey’s car. Ms. Elzey was killed in the accident. She was 75 years old and had no living dependents. Jones' firm defeated multiple motions for summary judgement put forth by the defendants. The defendants settled the case, four days before the trial was to start, for $1 million.

McDuffie v. Georgia-Pacific Corporation

Kenneth McDuffie was driving his car on a two-lane highway. Marvin Ruffin, driver of a tractor-trailer flatbed, was trying to turn around at the same time on the same highway. Due to insufficient space in which to turn the tractor-trailer around in a timely manner, the truck blocked the entire roadway for almost 60 seconds. Mr. McDuffie had come around a curve on the highway but, due to glare from the sun as well as the height of the flatbed, could not see the trailer that blocked the roadway. Mr. McDuffie ran into the flatbed trailer and suffered severe head trauma. Mr. Jones proved that Mr. Ruffin's negligence caused the wreck. Georgia-Pacific settled the matter and paid the McDuffies $330,000.

Premises Liability Cases

Lee v. Wal-Mart

After leaving work one evening, Katoria Lee, and her young son, stopped at a Wal-Mart just after 1:30 am to pick up groceries. As she was returning to her vehicle with her groceries, Ms. Lee was shot in the back by a car jacker, who was trying to steal her car with her son still inside. Mr. Jones' firm filed suit against Wal-Mart and the assailant, Eric Riggins. Evidence was developed that, despite notice of numerous other crimes in the parking lot, Wal-Mart failed to provide adequate security to its costumers. In addition, the firm further discovered that Wal-Mart had destroyed a surveillance videotape of the incident after being put on notice of Ms. Lee's claims. Ms. Lee's story was featured in the movie "Wal-Mart - The High Cost of Low Prices" by Brave New Films.

Following a 7 day trial, the jury entered a verdict in favor of Ms. Lee for $4.2 million.

Gutkowski v. Hilton

Mrs. Gutkowski's husband, Ronald, was brutally murdered in his Hilton Hotel room, by Timothy Dawson, in a crime that shocked the city of Atlanta and made statewide headlines. On behalf of Mrs. Gutkowski, Mr. Jones' firm sued Hilton Hotels due to the inadequate security that allowed Mr. Dawson to gain access to Mr. Gutkowski's hotel room. Aggressive litigation by Mr. Jones resulted in a substantial confidential sum being paid to Ms. Gutkowski by Hilton.

Carrol v. Atlanta County Zoo

Ms. Carroll was walking on uneven pavement, fell, and sustained serious injury while at the Fulton County Zoo in Atlanta, GA. Mr. Jones determined that Zoo employees had knowledge of the poor condition of the pavement and knew that it was unsafe. Mr. Jones secured a substantial settlement for the client.

Mr. Jones was able to secure a settlement in the amount of $400,000.

Savage v. Hilton Hotel Corporation

William Savage, a Federal Express pilot, slipped and severely injured his knee while walking into the lobby of the Atlanta Hilton Hotel. The tile floor where Mr. Savage fell had just been waxed and buffed by employees of Crystal Building Services which was responsible for the cleaning and maintenance of the floors. Crystal's employee failed to put out the appropriate warning cones and failed to alert Mr. Savage to the hazardous condition. Mr. Jones' firm hired an industrial safety expert who testified that the area was inappropriately cordoned off and an inadequate number of warning cones had been deployed. As a result of his injuries, Mr. Savage had to have to have surgery on his knee, and was left with a permanent disability. After a lengthy discovery and several depositions, the case was settled for a confidential amount at mediation.

Helm v. Smith Ironworks, Inc.

Daniel Helm was sent by his employer to build an office inside the manufacturing plant of Smith Ironworks, Inc. The plant manager at Smith Ironworks failed to tell Mr. Helm that there were exposed steel power cables near the ceiling of the plant. Those cables conducted 480 volts of electricity. After the office was partially complete, Mr. Helm was standing on top of the office and came in contact with the cables. He was electrocuted and died as a result. The firm uncovered evidence that, months prior to the incident, Smith Ironworks had solicited bids to replace the power cables with safer insulated cables. Shortly before trial, Smith Ironworks agreed to pay the Helm family $1.8 million.

Automobile Defect Cases

Tire Failure/Rollover

Hall v. Ford and Continental General Tire
Bell v. Ford and Continental Tire North America
Vanelli v. Ford and Continental General Tire
Rupp v. Ford and Continental General Tire
Garza v. Ford and Continental General Tire

Mr. Jones’ firm has represented the family members of several individuals who were killed or injured when their General tire tread separated and their Ford Bronco II rolled over. A nationwide investigation yielded evidence of 38 additional accidents with similar defective products. Mr. Jones’ firm was quoted by national news media including the Wall Street Journal, the Los Angeles Times and the Washington Post regarding evidence which the firm uncovered showing the tire company’s coverup of the defective tires not only from the public, but the federal government as well.

Significant confidential settlements were awarded to each of the firm’s clients.

Yabuku v. Bridgestone/Firestone

Italia Hines, an 11 year old passenger in a vehicle, was injured seriously when a Firestone (brand) tire, mounted on one of the vehicle's rims, failed, due to tread separation. The driver lost control of the car, resulting in a vehicle rollover. Bridgestone/Firestone was sued by Mr. Jones' firm for the tire separation defects. The case was settled and a significant award was obtained as repayment for Italia's injuries suffered and to cover future needs.

Sport Utility Rollovers

Ford Bronco II

Goble v. Ford
Knight v. Ford
Brickey v. Ford

Mr. Jones has represented many individuals involved in Ford Bronco II rollover accidents. He is a leading plaintiffs’ attorney for Bronco II rollover litigation, achieving success in over 20 Ford Bronco II vehicle cases.

Watkins v. Ford

A Ford Bronco II case was brought on behalf of James and Belinda Watkins for the death of their son, Brian. The case ended up going before the Federal Court of Appeals for the Eleventh Circuit. The firm presented evidence proving that Ford had prior knowledge of stability control problems with the Bronco II and did not change the design of the vehicle because that would have resulted in manufacturing delays or reduced profits. The court found that Ford had placed profit ahead of safety concerns and found Ford had little regard for property or life. After the Eleventh Circuit Court's opinion, Ford settled the case and paid the Watkins a significant amount of money.

Ford Explorer

Bell v. Ford
Busbin v. Ford
Williams v. Ford

The firm has pursued Ford Explorer rollover cases as well. Occupants of these Explorers died or suffered major trauma after the driver lost control of the vehicle and rolled over due to defective design related to stability and handling control. The firm has sued Ford and has won cases for its clients and obtained substantial settlements in each case.

Ford Expedition

Amburgey v. Ford

Natalie and James Amburgey and their children were traveling in their Ford Expedition as it rolled over, seriously injuring each family member. The rollover was due to defective design of that model year Expedition. We sued Ford on behalf of our clients and obtained substantial settlements for the parents and their three daughters.

Isuzu Rodeo

Pompey v. Isuzu
Sherman v. Isuzu

In each of these cases, we represented the families of people who were killed when the Isuzu Rodeo they were riding in rolled over. Through aggressive discovery against Isuzu, we proved that the rollovers were caused by the defective design of the Rodeo. The families received sizable confidential settlements in each case.

Mitsubishi Montero

Bone v. Mitsubishi
Gordon v. Mitsubishi

Danelle Bone and Kathryn Gordon were both seriously injured when their defective Montero Sport SUVs rolled over. After thorough investigation of the Mitsubishi’s defective design and aggressive litigation by Mr. Jones’ firm, the cases were settled and the clients received significant confidential sums to compensate them for their injuries.

Roof Crush

Adcock v. Honda

In 1999 Mr. Larry Adcock’s Honda Civic CRX rolled over crushing the roof of his car onto his head leaving him a quadriplegic. Mr. Jones’ firm successfully showed that the roof had been improperly designed and tested by Honda rendering it too weak to withstand a vehicle rollover. The firm secured a substantial confidential settlement on behalf of Mr. Adcock.

Seatbelt and Airbag Defects

Markstein v. DaimlerChrysler, TRW, Honeywell, and Autoliv

Glenn Markstein died as a result of a collision while driving a convertible Chrysler LeBaron. The airbag in the LeBaron did not deploy, and Mr. Markstein's head hit the header of the windshield when seatbelt failure did not keep him properly restrained. The firm discovered proof that the manufacturer of the car did not test the airbag sensors in proper fashion in collision situations such as that experienced by Mr. Markstein. During mediation proceedings, Mr. Jones negotiated substantial seettlement for the Markstein family.

Zaboli v. Mazda

Mrs. Zaboli was traveling at a moderate speed (20-25mph) when a subsequent accident left her paralyzed due to a poorly designed restraint system in her Mazda Protege. Her small stature meant that the shoulder belt crossed over her neck, rather than her shoulder. This design defect lead to severe injury. The firm was able to demonstrate that the restraint system design was flawed and did not meet the manufacturers own standards for seatbelt fit. Mr. Jones’ firm negotiated a substantial settlement that would ensure that the victim's expenses be covered for life.

Millsapp v. Kia and TRW

Ms. Millsapp was wearing her seatbelt in her Kia Sephia as she drove home from work. Another car swerved in front of Ms. Millsapp causing a collision which deployed her airbag. Both the seatbelt and airbag were defective. The seat belt was constructed with 16 inches of extra webbing which allowed Ms. Millsapp to move too close to the steering wheel and deploying airbag. The defective airbag which was too large for the vehicle, forced Ms. Millsapp’s head to snap back leaving her a quadriplegic. Mr. Jones firm completed a full blown investigation which secured testimony from a former TRW (airbag manufacturer) engineer stating that the defective airbag was dangerous for drivers like Ms. Millsapp.

Door Latches

Thompson v. Chrysler

Jessica Thompson was a passenger in a car accident. She was in a Dodge Minivan in the rear seat. After impact, she was ejected out of the rear of the vehicle as a result of the spontaneous opening of the liftgate door. Jessica suffered severe brain trauma resulting in permanent brain injury. Painstaking discovery and expert witnesses proved that a defective latch in the liftgate door was responsible for the door's opening and that the vehicle manufacturer knew of this defect and did nothing to correct the problem. In addition, Jessica would not have suffered a traumatic brain injury if she had not been ejected. Just prior to trial, Chrysler settled with the plaintiff for an amount that would guarantee 24/7 care for Jessica for the rest of her life.

Hart v. General Motors

Barry Hart was a passenger in a Chevy S-10 pickup truck that was struck by another vehicle. Mr. Hart was ejected from the truck and died. We represented Mr. Hart’s wife and proved that Mr. Hart was ejected due to a defective hinge on the door that allowed the door to come loose in the collision. Due to this evidence, GM paid Mrs. Hart a substantial confidential amount to settle her claims.

Other Product Liability Cases

Cole v. Honeywell

Garrsion Cole was seven years old when he was badly burned in a house fire. He sustained second and third degree burns over more than fifty percent of his body. He survived for approximately sixty days, in intense pain and agony, before dying of his injuries. Garrison’s home had a Honeywell fire alarm that did not work during the fire and failed to alert Garrison or his father to the fire. We represented Garrison’s mother in her case against Honeywell. At the outset of the case, Honeywell boldly proclaimed its innocence and said the case was frivolous. After intense investigation and discovery, we found that the Honeywell system in Garrison’s home had been installed improperly and that Honeywell had inadequately trained its technicians in the installation and service of its systems. Following the disclosure of this devastating evidence, Honeywell agreed to pay a substantial confidential sum to compensate Garrison’s family for his death.

Medical Malpractice Cases

Carroll v. Drs. Smith and Stefanis

Michael Carroll underwent a lumbar diskectomy and decompression, as well as a lumbar fusion with internal fixation. The defendant doctors mispositioned three of the six pedicle screws that they placed into Mr. Carroll’s spine. This negligence injured nerve roots at the L4 and S1 levels on the left side, leaving Mr. Carroll severely injured with permanent pain in his back. Less than a week before trial, the defendants paid Mr. Carroll and his wife $2 million to settle the claims.

Kent v. Raleigh General Hospital, Inc. and Drs. Fakhoury and Lucero

Belinda Kent delivered her baby boy, Christopher Kent, at Raleigh General Hospital. The defendant doctors negligently performed the delivery, causing severe and permanent injuries to Christopher. After intense investigation and discovery, the defendants paid the Kent family a substantial sum that will provide for the care Christopher will require in the future.

McLendon v. Center for Videoscopic and Laser Surgery, Inc., Dr. Champion, et al.

Mary McLendon underwent laparoscopic surgery to correct a narrowing of the passage in her stomach. Dr. Champion negligently performed the surgery, causing Mrs. McLendon to become septic and die approximately two weeks after the surgery. The firm also uncovered evidence that some of the medical equipment used during the surgery was defective. We obtained settlements from all the defendants that totaled approximately $2 million.

Road Design Cases

Wilson v. Department of Transportation

Misty Wilson was on her way home from work when the tires on the right side of the vehicle drifted into the shoulder of the road, causing her to lose control of the vehicle, and run into an electric power pole. Mrs. Wilson was killed in the accident. The road and shoulder were in a state of disrepair, and it was determined that a large difference in height between the roadway and the shoulder led to Mrs. Wilson's death. A trial ensued, and the jury awarded Misty Wilson’s family more than $1.3 million.

Cline v. Department of Transportation

Teresa Cline pulled up to an intersection maintained by the Department of Transportation. As she proceeded through a green light, she was struck and killed by a car coming from her left. Instead of limiting our investigation to the fault of the other driver, the firm investigated further and determined that the DOT had failed to adequately trim the plants at the intersection, which caused severe sight limitations that contributed to the wreck. We pursued a claim against the DOT on behalf of Ms. Cline’s family, and less than a week before trial, the DOT agreed to pay $675,000 to settle the case.

Miscellaneous Cases

Reider v. Cherokee County Board of Education

During an unauthorized baseball practice at Cherokee County High School, Josh Reider and fellow baseball players were asked by the coach to transport some school lockers. While moving the lockers, without adult or coach supervision, Josh fell off of the truck, suffered severe head trauma, and died. While the school district claimed they were immune from liability in the suit, the firm determined otherwise and proved that the school district was indeed liable. The case was settled for $675,000.

Cone et al v. Schlotzsky’s Deli

More than twenty individuals were represented by Mr. Jones’ firm after they had contracted Hepatitis A in 1997. The firm proved that all of the individuals had contracted the disease after consuming food contaminated by Hepatitis A at a nearby Schlotzsky’s Deli establishment. The defendant decided to settle and each client received significant financial compensation.