Negligence / Tort Cases

Wrongful Death
Amount Confidential

Butler Wooten & Peak LLP just reached a settlement with several defendants in a wrongful death case proceeding in Dougherty County, Georgia. While some of the settlement amounts are confidential, the Southwest Georgia Regional Commission ("SWGRC") alone paid $1.75 million to satisfy the claims made against it. Our client's 57 year-old wife was killed on September 10, 2010 when the driver of the vehicle in which she was a passenger blew a tire and lost control of the vehicle. The driver was transporting our client's wife and her seven-year-old great-niece on behalf of the SWGRC and ZoneCare, both of which had contracts to drive non-emergency transportation patients to medical appointments. The SWGRC, which had provided hundreds of thousands of such trips for eligible Georgians, failed to adequately inspect the vehicle and screen the driver responsible for transporting our client's wife and her great-niece safely across the state. The driver-who had equipped his vehicle with used, bald tires and was traveling in excess of the posted speed limit-had more than thirty prior tickets for traffic offenses. The case settled while on an interlocutory appeal

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 the bulk of her 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 & Peak LLP, we have the resources and experience it takes to successfully pursue complex personal injury, wrongful death, and product liability litigation. Contact us today. We would be happy to discuss your case with you.