Car Accident Cases
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Road Wreck / Corporate Liability Confidential Settlement - Slaton v. DHL (USA) Express, Inc.; 575 N. Express, LLC; Carla Loner, State Court of Fulton County. Plaintiff Kenneth Slaton suffered catastrophic orthopedic injuries on June 13, 2003, when he was hit head on by an Airborne Express van driven by Carla Loner, in Bartow County, Georgia. Despite the facts Ms. Loner was dressed head-to-toe in an Airborne Express delivery uniform, and was driving a van emblazoned with numerous Airborne Express logos, and was delivering Airborne Express packages at the time of the accident, Airborne Express (and its successor entity DHL (USA) Express) maintained it was not responsible or liable in any way for the accident. Instead, DHL/Airborne argued Ms. Loner and Defendant 575 N. Express were "independent contractors." The Firm amassed substantial evidence from former managers, drivers and 'contractors' of Airborne to disprove that contention and to show the level of control DHL/Airborne in fact exercised over co-defendants Loner and 575 N. Express. The Firm also obtained an Order from the Court compelling DHL/Airborne to produce critical internal documents demonstrating the level of detail and operative control DHL/Airborne maintains over the supposed 'independent' contractors conducting its business. The case settled three weeks before trial. The settlement amount is confidential. (3/14/06) Road Wreck/ Corporate Liability Confidential Settlement - 3/14/07. Slaton v. DHL (USA) Express, Inc.; 575 N. Express, LLC; Carla Loner, State Court of Fulton County, Georgia. Plaintiff Kenneth Slaton suffered catastrophic orthopedic injuries on June 13, 2003, when he was hit head on by an Airborne Express van driven by Carla Loner, in Bartow County, Georgia. Despite the fact that Mr. Loner was dressed head-to-toe in an Airborne Express delivery uniform, was driving a van emblazoned with numerous Airborne Express logos and was delivering Airborne Express packages at the time of the accident, Airborne Express (and its successor entity DHL (USA) Express) maintained it was not responsible or liable in any way for the accident. Instead, DHL/Airborne argued Ms. Loner and Defendant 575 N. Express were "independent contractors." The firm amassed substantial evidence from former managers, drivers and 'contractors' of Airborne to disprove that contention and to show the level of control DHL/Airborne in fact exercised over co-defendants Loner and 575 N. Express. The Firm also obtained a Court Order compelling DHL/Airborne to produce critical internal documents demonstrating the level of detail and operative control DHL/Airborne maintained over the supposed 'independent contractors' conducting its business. The case settled three weeks before trial. The settlement amount is confidential. Car Accident / Wrongful Death Surviving mother sued after her daughter was killed in a vehicular collision. The signage, signals, design, layout, and configuration of the intersection caused the driver of the vehicle in which the daughter was a passenger to form the mistaken conclusion that the intersection was a four-way stop. An approaching vehicle collided with the passenger side of the vehicle in which plaintiff was a passenger. Grow v. Georgia D.O.T. and Timothy VanKrieken , State Court of Fulton County, Georgia. (7/20/99) Car Accident / Paraplegia A migrant farm worker was rendered a paraplegic when the van in which he was a passenger was struck from the rear by a vehicle driven by the then president of the defendant corporation. Velasquez, et al. v. Fields Appliance Service, Inc., et al 10/11/95. Car Accident In a road wreck, a 52-year-old electrician suffered broken ankle and left wrist injuries requiring plates and screws. Car Accident / Wrongful Death Wrongful death action brought by the surviving parents of a 12-year-old girl who died when the automobile in which she was a passenger was struck by a wheel and axle, which separated from a large truck. Daniel v. Capital City Machine Shop, Eaton Corporation & Westmoreland Hauling, Inc. , State Court of Gwinnett County, Georgia. (10/14/94) Car Accident / Insurance Bad Faith Defendant driver with $15,000 minimum insurance ran a red light, causing Plaintiff to sustain head injury. Insurer refused to defend or pay limits, resulting in an eventual bad faith claim whereby Dairyland Insurance Company ultimately paid the referenced sums to satisfy Plaintiff's judgment along with associated claims made against Dairyland by its insured. Mock v. Mangosing, et al ., Superior Court of Muscogee County, Georgia. (2/30/93) Auto and Train Collision / Wrongful Death Plaintiff, a 72-year-old consulting engineer, was killed in an automobile collision at a railroad crossing with defective sight distance and no active warnings. Amount of settlement is confidential at Defendant's request. Causey v. CSX Transportation, Inc., et al ., State Court of Fulton County, Georgia. (10/29/93). Car Accident 71-year-old Plaintiff suffered a broken leg and other miscellaneous injuries when Defendant's delivery truck turned in front of her vehicle. Russell v. Mannesmann Demag Corp., et al ., State Court of Fulton County, Georgia. (9/21/93) Car Accident / Wrongful Death / Dram Shop Dram shop action against Hooters' enterprises as a result of a patron becoming intoxicated at a Hooters bar and then causing a head-on collision resulting in the death of a 29-year-old female and injuries to her minor daughter passenger. 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. (9/2/93). Car Accident / Dram Shop Liability Defendant operated bar at which driver became drunk, after which driver caused collision with vehicle driven by 17-year-old decedent who died when his GM pickup truck exploded into flames. Case continued against GM based on defective placement of fuel tanks outside frame rails of pickup truck. Plaintiff demanded payment of policy limits by bar owner's insurance carrier, which then paid this amount as policy limits. Moseley v. Pittman, et al ., State Court of Fulton County, Georgia (10/2/92). Car Accident / Dram Shop Liability Defendant sold alcohol to a minor who became intoxicated and was involved in a wreck, severely injuring Plaintiff, a passenger who suffered a 'burst' fracture at L5 and other fractured vertebrae and a broken tibia. Ballew v. Country Cupboard Foodstores, Inc ., State Court of Forsyth County, Georgia (11/14/91). Car Accident / Dram Shop Liability / Wrongful Death Defendant sold alcohol to a minor who became intoxicated and was involved in a wreck, killing an 18-year-old minor whose father brought this action. Sexton v. Country Cupboard Foodstores, Inc. , State Court of Forsyth County, Georgia (11/1/91). Car Accident Automobile wreck at intersection causing permanent neurological impairment to 20-year-old female who had completed three-fourths of college degree requirements in the field of accounting. Rogers v. Mangosing , Superior Court of Muscogee County, Georgia (9/9/91). Car Accident / Drunk Driver / Wrongful Death Wrongful death of 29-year-old graduate student. Suit brought against drunk driver and owner of car he was driving based on negligent entrustment. Car Accident / Wrongful Death Wrongful death of a 32-year-old man after collision with beer truck. Wylie v. United Distributors, Inc., State Court of Fulton County, Georgia (2/15/91). Car Accident Intersection collision, guest passenger suffered broken leg, arm and pelvis. Lawhorn v. Van Schaik , State Court of Cobb County, Georgia (11/90) Car Accident / Drunk Driver / Wrongful Death Automobile collision resulting in death of 49-year-old grandmother and her 24-year-old daughter, and injuries to 3-year-old granddaughter. Defendant was driving under the influence of marijuana and hit decedents head-on in their lane of travel. Bagley, et al. v. Shortt & Wurst Haus, Inc ., Superior Court of White County, Georgia (4/5/90). Car Accident / Wrongful Death Estate claim for pain and suffering (only) of severely burned auto wreck victim during six days before death. Unnamed Plaintiffs as Admin. of Estate of Unnamed Plaintiff v. Unnamed Defendant, State Court of Fulton County, Georgia (4/24/89). Defective street design / Nuisance Limited sign distance resulting in vehicle collision between Plaintiff's motorcycle and a pickup truck. Permanent neurological impairment. Williams v. Columbus Consolidated Government , State Court of Muscogee County, Georgia (8/23/88). Car Accident Auto collision resulting in a ruptured disc. Miller v. Allied Builders, Inc ., State Court of Fulton County, Georgia (5/15/88). Car Accident / Drunk Driver Vehicle-pedestrian accident where Plaintiff suffered a broken leg. Landmark appellate decision allowing admission of prior and subsequent similar acts (drunken driving) on issue of punitive damages. Thompson v. Moore , State Court of Fulton County, Georgia (6/27/87). Car Accident / Wrongful Death Vehicle-pedestrian accident; wrongful death of 37-year-old divorced store clerk. Laney v. Powell , State Court of Muscogee County, Georgia (10/28/86). Car Accident / Wrongful Death Wrongful death of 46-year-old housewife in a car accident. 'Pierced the corporate veil' to reach insurance coverage of owner of corporation. Waldrep v. McCulloghs , State Court of Muscogee County, Georgia (6/12/86). Car Accident / Wrongful Death Car wreck; wrongful death of deputy sheriff and wife -- struck as they changed tire on a vehicle by speeding car that went out of control. Murphy v. Allen, DeKalb County, Georgia (2/85). |
