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Product Liability Cases

Product Liability / Fuel Tank / Trailer Hitch / Seatback / Door Design
Gibson v. Ford Motor Co., Draw-Tite, Inc. and Burns
$13,000,000 Verdict - 12/16/05

State Court of Athens-Clarke County, Georgia. Autie Gibson sued Ford, Draw-Tite and Burns after Autie’s wife, Ann Marie Gibson, burned alive when her 1985 Ford Marquis was struck in the rear by the Burns vehicle.  Mrs. Gibson’s Ford had a defective, “pinto-esque” bumper fuel tank located in the known rear crush zone.  The bumper tank exploded when it was punctured by the sharp bolts on a defective, uncrashworthy Draw-Tite trailer hitch also on the Gibson vehicle and designed by Draw-Tite for that model.  Mrs. Gibson’s Ford seatback was also defective.  It failed by collapsing rearward in the crash, which dropped Mrs. Gibson’s head and upper torso into the flames initially located only in the back seat.  The door system on the Ford was also defective: Mrs. Gibson’s doors were jammed shut, and could not be opened as a result of the impact.  While rescuers at the scene attempted to unjam the doors, Mrs. Gibson was trapped inside the burning car, screaming and frantically trying to extinguish the flames in her hair. 

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Professional Negligence / Product Liability / Wrongful Death

Cash and Structured Settlement

A negligently designed, 18-ton concrete seating section at the Phillips Arena in downtown Atlanta collapsed during construction and fell, crushing and killing welder Sam Caraway. Mr. Caraway's widow brought a wrongful death suit against eleven defendants, including the architects, structural engineers, inspectors and designers of the seating section.

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Product Liability / Wrongful Death
Cash Settlement

Surviving parents sued after Dwight Pollard died when the aerial lift he was working in crashed to the ground after two of the cables which supported the lift failed. Pollard v. Asplundh Tree Expert Company and Altec Industries, Inc., State Court of Clayton County, Georgia.(11/1/99).



Pharmaceutical Product Liability / Wrongful Death<</a/>/strong>
Cash Settlement

A 53-year-old woman, who regularly drank wine and alcohol but was in good health, was prescribed extra strength acetaminophen, 4 times a day, by her doctor after she was diagnosed with bronchitis. After taking the recommended dose for 4 days, she became restless and confused and was taken to the emergency room with elevated liver enzymes and a diagnosis of sudden liver failure. She was transported to the University of Birmingham Hospital but was too sick for an emergency liver transplant which was her only chance for survival. She died 2 days after being hospitalized with fulminate liver failure. Plaintiff & Estate v. Major Drug Manufacturer, United States District Court, Middle District of Georgia, Columbus Division. (7/2/98)



Pharmaceutical Product Liability / Wrongful Death
Cash Settlement

Wrongful death case brought for the death of a doctor's wife who died in her sleep after taking one extra tablet of Hismanal, an antihistamine developed and marketed by Janssen and Johnson & Johnson. The medical examiner who did an autopsy determined the cause of death to be a fatal cardiac arrhythmia caused by Hismanal, a drug prescribed for allergies and runny noses. Kaufman v. Janssen Pharmaceutica and Johnson & Johnson, State Court of Fulton County, Georgia. (5/15/97).



Product Liability/ Pharmaceutical
Pharmaceutical product liability case against major Japanese pharmaceutical company.
Cash Settlement

Client became seriously ill after taking contaminated tablets of L-Tryptophan, a substance classified by the FDA as a food but marketed and sold in the U.S. for its medicinal qualities. Plaintiff suffered EMS (Eosinophilic Myalgia Syndrome), an inflammatory condition which affects the connective and muscle tissue causing extreme pain, physical debilitation, nerve degeneration, and in some cases, death. She has severe EMS which will affect her for the remainder of her life. Shirley Rainwater v. Showa Denko, Inc., et al., United States District Court, Northern District of Georgia (2/14/95)



Product Liability / High Rise Building Fire / Wrongful Death
Cash Settlement

Defective electrical system, toxic wall coverings and building materials led to the initiation and rapid spread of fire. Plaintiffs included the surviving spouse of a tenant who suffered smoke inhalation injuries and survived the fire.

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Product Liability
$600,000 Cash Settlement

Loss of eye from caustic soda burn caused by defective packaging equipment; failure to guard or to warn. 2/7/92. Anderson v. Pack West Machinery, Inc., Superior Court of Henry County, Georgia.



Product Liability
$750,000 Cash Settlement

Negligent failure to repair lift gate assembly on truck resulting in back injury. 6/29/87. Storey v. Reliable Hydraulics, Inc., Superior Court of Fulton County, Georgia.

At Butler, Wooten & Fryhofer, we have the resources and experience it takes to successfully pursue complex personal injury, wrongful death , product Liability litigation. Contact us today. We would be happy to discuss your case with you.

Success Stories

$45,000,000 Settlement | Credit Insurance/Consumer Rights Class Action

10/31/07 Toole v. J.M.I.C. Life Insurance Company, Superior Court of Muscogee County, Georgia

Plaintiff Toole represented a class of people who prepaid J.M.I.C. Life Insurance Company premiums for credit life and disability insurance policies when they purchased vehicles. J.M.I.C. Life Insurance Company contractually promised to refund any unearned premium if class members paid off the insured loans before the five-year term had expired, but failed to do so when they paid off the insured loans early.

$105,500,000 Verdict | Defective Automobile

11/23/04 Flax v. Daimler Chrysler Corporation and Louis A. Stockell, Jr., Circuit Court for Davidson County, Tennessee

More Verdicts

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P.O. Box 2766
Columbus, GA 31902
FAX 706.323.2962
706.322.1990
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Atlanta, GA 30324
FAX 404.321.1713
404.321.1700
1.800.242.2962


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With offices in Atlanta and Columbus, Georgia, the attorneys at Butler, Wooten & Fryhofer, LLP represent the seriously injured throughout Georgia, including the cities of Atlanta, Columbus, Marietta, Smyrna, Roswell, Gainesville, Peachtree City, Forest Park, Riverdale, Lagrange, Macon, and Savannah. Our lawyers have handled accident and defective product claims nationwide, including Alabama, Arizona, California, Connecticut, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, West Virginia and Wyoming.