Confidential Cash Settlement at the Request of the Worksite Defendants - 11/30/2012.
Tony Cruse v. Unnamed Defendants. A 45 year-old underground miner was killed when a large boulder detached from the ceiling of the mine, crushing him and his equipment. The mining company was on notice of unsafe conditions, because a boulder had fallen in a nearby area two months prior, and an mining engineer inspected the mine and alerted the mining company to the dangers. The engineer failed, however, to recommend that mining be discontinued in the hazardous area. The firm filed suit against the mining company as well as the engineer for their independent acts of negligence, collecting from each party in settlement. The firm defeated a summary judgment motion by the mining engineer in which the engineer alleged he owed no duty to the deceased. The firm was further able to obtain a settlement from the mining company notwithstanding their argument that they were entitled to the workers' compensation bar.
$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. Although she initially obeyed the stop signal, the driver then negligently began backing up without receiving any other signals, running over the decedent. Defendants, however, contended that the decedent had himself violated a workplace rule by turning his back and walking behind the dump truck driver while she was backing her truck.
$12,000,000 | Product Liability/ Negligence/ Construction Defect/ Corporate Liability/ Wrongful Death
Cash Settlement - 10/11/05. Fowler v. Phoenix Structures and Services, Inc., Sun Capital Partners, Inc., and Trinity Outdoor, LLC, State Court of Gwinnett County, Georgia. Brothers Joshua (23 years-old) and Anthony Fowler (21 years- old) were killed when a billboard on which they were working suddenly collapsed, throwing them 40 feet to the ground. The steel beams of the billboard fell on top of them. Evidence clearly established that the billboard collapsed because of faulty welds and substandard steel used in its manufacture. After Sun Capital Partners, Inc. ("Sun Capital") bought Phoenix (the billboard manufacturer), its management of the business caused the prior owners to all leave. At the time of the billboard's manufacture, Phoenix had no quality control at the plant. Sun Capital caused Phoenix to lay off experienced welders and required workers at the plant to work extensive overtime. There was no inspection of the billboard after it was built and before it was shipped to Snellville, Georgia. The case was settled during mediation, less than two weeks prior to trial.
Construction Site Accident / Wrongful Death
$ 6,920,783 Cash and Structured Settlement
A 35-year-old husband and father of two young children was killed when a crane collapsed on the job site.
Construction Accident / Wrongful Death
$925,000 Cash and Structured Settlement (estimated payout)
A 50-year-old man was struck by a falling steel beam at a construction site. He sustained massive head injuries and died the following day. His widow brought claims on behalf of her deceased husband against the subcontractor. Widow v. Unnamed Construction Subcontractor, State Court of Fulton County, Georgia. (7/31/96)
$775,000 FELA Verdict (Settled after verdict.)
Back and neck injuries to trainman suffered in fall caused by oil on running board of defective locomotive. 10/19/89. Bowles v. Central of Georgia Railroad Co., State Court of Muscogee County, Georgia. FELA.
$875,000 FELA Verdict (reversed on appeal; case retried; and settled)
Workplace accident resulting in shoulder and neck injury. Proved defendant conducted investigation to try to prove this exemplary employee had falsified accident report, but failed and then withheld results of that investigation. 8/3/88. Swindle v. Central of Georgia Railroad, State Court of Muscogee County, Georgia. FELA.
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.