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Reputation. Experience. Success

Negligence / Tort Cases

Rape / Prior Sexual Abuse By School Official
Cash Settlement

A junior high student was raped by another student at a boys' school. Suit was brought against the school. The case settled after extensive research into past events at the school and at other schools employing a key school official. The amount of settlement is confidential at Defendants' request. Plaintiff v. Riverside Military Academy, et al., State Court of Hall County, Georgia (11/4/99).



Malicious Prosecution
$327,000 Verdict

Conspirators isolated a wealthy elderly widow to control her affairs and to preserve change in her will leaving bulk of estate to one of the conspirators. Initial efforts of many succeeded in freeing her from control. As a result, she changed her will back to leave all to charity. In the course of those initial efforts, the three plaintiffs were arrested for trying to visit her. All charges were dismissed and this false imprisonment and malicious prosecution case resulted. Verdict included punitive damages for each of the three plaintiffs against each of three defendants. 5/8/92. Naugher, et al. v. Smith, et al., Superior Court of Muscogee County, Georgia.



Malicious Prosecution
$4,200,000 Verdict ($4,000,000 punitive damages) (Reversed on appeal, then settled.)

Proved Defendant concocted criminal charges against Plaintiff as part of deliberate written plan to discredit Laborers' Union and bust strike then underway. Plaintiff was union steward and chairman of union negotiating committee. 12/82. Bishop v. Georgia Kraft, et al., Superior Court of Meriwether County, Georgia.



Private Nuisance / Blasting
$700,000 Verdict ($500,000 punitive damages) (Settled after verdict)

Defendant quarry knowingly and for years blasted rock onto Plaintiffs' property causing loss of use and enjoyment of that property. Proved Defendants did so to save money - more prudent blasting would increase production costs. 10/82. Smith v. Florida Rock, Superior Court of Muscogee County, Georgia.



Private Nuisance / Flooding
$189,000 Verdict

Flooding nuisance, special damages of $23,000, balance of recovery was for loss of use and enjoyment. Held Municipal Corporation responsible for generally allowing unrestricted upstream development which increased flooding risk. 6/82. Smith v. Columbus, Georgia, et al., State Court of Muscogee County, Georgia.)



Private Nuisance / Flooding
$565,000 ($400,000 punitive damages) Verdict (Settled after verdict)

Defendant developer caused increased runoff from upstream developments, defendant city allowed that unrestricted development, and defendant railroad railed to increase size of downstream culverts under tracts despite notice of flooding caused by inadequate culverts. 5/81 - Thompson v. Central of Georgia Railroad, Ray M. Wright, Inc. and Columbus, Georgia Consolidated Government, State Court of Muscogee 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

$17,716,401 Verdict / Auto Product Liability / Ford Explorer Rear Restraint System / Lap Only Seat Belt

12/18/2009 Wheeler v. Ford Motor Company, et al., State Court, Clayton County, Georgia.

Plaintiffs Lynn and Douglas Wheeler won their design defect and failure to warn claims against Ford Motor Company relating to the 2002 Ford Explorer. On Christmas morning 2005, 58 year old Lynn Wheeler was on her way to church with her family. Lynn Wheeler was seated in the rear center seat of her son’s 2002 Ford Explorer, wearing the lap-only seat belt Ford installed for that seating position. Two of Lynn Wheeler’s grandchildren were in child seats on either side of her. As they entered a curve on Noah’s Ark Road, a 2-door Eagle Talon coupe driven by John C. Stanley crossed the centerline and struck the Explorer head-on.

$5,470,000 Verdict/Wrongful Death

10/23/09 Pitts v. A&G Trucking. Inc., et al., State Court of DeKalb County, Georgia.

Plaintiffs, four minor children, recovered for the death of their father, who was killed by a dump truck driver while the decedent was working as a "spotter" or "flag man" on the runway expansion at Hartsfield Jackson Atlanta International Airport. According to eye-witnesses, the driver of the dump truck was talking on her cell phone or CB radio and was given a stop signal by the deceased.

$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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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.