CASE RESULTS

new Case Results

As part of an evaluation process, we believe it reasonable and prudent for anyone searching for a law firm to look at the kinds of cases that the law firm has handled in the past and its track record of verdicts and settlements in those prior cases. While we cannot and do not guarantee a recovery or a successful result in any case, we provide this summary of representative cases in which CONLEY GRIGGS PARTIN LLP lawyers have been directly involved in a verdict or settlement so that you can see the kinds of cases we have handled and some of the results we have been able to obtain for previous clients. Please note that for many of the representative settlements below, we can only provide summary information because the cases are subject to private agreements and in many cases, the Defendants insisted upon confidentiality of terms as a condition of the settlement. Also, understand this is by no means a complete listing of every case which we have handled, but is a summary to provide some tangible examples of how our dedication, integrity, courage and compassion has led to successful outcomes for previous clients we have represented.

Representative Verdicts From Trials

employment discrimination Jury Verdict in Child Abuse Case

Cale Conley and Richard Griggs obtained this significant verdict in Fayetteville, N.C. following a nearly five-week jury trial against a regional hospital on behalf of a quadriplegic boy and his father. The jury agreed that the hospital staff failed to recognize that the boy suffered from well-known signs of abuse and failed to follow hospital policy relating to reporting and investigating child abuse. The boy was discharged from the hospital and back into a dangerous environment in his home where he ultimately received a depressed skull fracture and resulting permanent brain trauma from a failure to timely render aid.

$15,000,000 Jury Verdict in Gas Station Shooting Case

$11,700,000 Verdict From a Federal Court in an Aviation Accident Case

A federal court awarded the surviving widow and children of a 52 year old man 11.7 million dollars for the wrongful death of their husband/father in Curtis v United States of America. The family physician needlessly died in a plane crash due to the negligence of pilots in the United States Civil Air Patrol. The Civil Air Pilots started their takeoff on a crossing runway while the doctor’s plane was landing, causing his plane to make a sudden avoidance maneuver at low air speed. This maneuver resulted in a stall and crash. The case was filed under the Federal Tort Claims Act which allows individuals to hold the government accountable for negligence. Following a two-week trial in federal court in March 2017, a federal judge awarded the family 11.7 million for the wrongful death of this dedicated father and husband. Ranse Partin, Andy Scherffius and Will Owens represented the family at trial.

$10,000,000 Jury Verdict in Product Liability Case

A Jefferson County Superior Court jury awarded $10 million to the family of a deceased, undocumented Mexican worker, with surviving spouse-client unable to obtain visa to attend trial in person. The deceased was pressed to death by lumber mill rollers when the machinery failed to work properly after the operator hit a button. The defense had offered $20,000 to settle the case before trial. According to Defendant’s counsel, the verdict is five times larger than any prior verdict in this venue. Cale Conley and Ranse Partin represented the family at trial.

$6,000,000 Medical Practice Verdict in Dekalb County Court

A Dekalb County court awarded $6 million in a medical malpractice case, following five days of trial. The malpractice at issue was a missed bowel blockage that was missed by two different doctors, an ER doctor and a hospitalist. The client was an approximately 70 year old woman who died of sepsis when her bowel ruptured while she was in the hospital, after the doctors failed to order a CT scan that would have revealed the blockage.

$4,500,000 Pre-Suit Settlement in Trucking Collision Case

Attorney Ranse Partin obtained a $4.5 million pre-suit settlement of a trucking collision case involving the death of a husband and serious injuries to his wife. This case required extensive research and negotiations regarding personal jurisdiction and choice of state law issues.

$2,850,000 Jury Verdict in Auto Products Liability Case

A Gwinnett County court jury awarded $2.85 million to the family of a 59 year-old deceased immigrant from Kenya. The case against Goodyear involved a full tread belt separation of a Dunlop right rear tire on a Suburban on I-85 which caused a rollover and the death of the wife and mother of five children. The husband who was driving the car sustained relatively minor injuries as the result of the accident and was the plaintiff in the case. The verdict found that a defect and/or negligence was a proximate cause of injuries and that Goodyear was 65% responsible thereby awarding $2.85 in damages. This was a difficult case in which the legal team had to overcome several challenges. Cale Conley and Richard Griggs were the lead attorneys on this case. The trial team also included attorney Davis Popper and paralegal Laura Beckum.

$1,824,916 Verdict in Federal Court

In a bench trial in the Middle District of Georgia, Athens Division, Cale Conley secured a $1.8 million verdict against the operator of granite lift, who negligently dropped a large slab of flat granite on our client, causing serious injuries.

$1,768,428.75Total Judgment in Business Tort Case

Following a week-long jury trial in Fulton County, Georgia, the jury returned a verdict for our client, a small businessman, and against his partners who had forced him out of a business venture importing and distributing nutritional supplements just as it was becoming successful. The Defendants claimed our client was merely an employee who they could terminate at any time for any reason. The jury found that our client was a partner in a joint venture and that Defendants owed him significant lost profits. The jury awarded $1,404,486 in compensatory damages and $68,000 in punitive damages. The judge added an additional $295,942.75 to the award for attorneys’ fees and expenses. Cale Conley and assisting counsel from another firm represented the winning plaintiff.

$1,298,696.00 Jury Verdict against Local Waste Compan

A garbage truck, with its “forks” down near the ground instead of safely up above the truck , ran a red light and literally speared our client’s car, resulting in a serious brain injury to an 8-year-old girl. A DeKalb County the found the driver and company negligent and awarded nearly $1.3 million after a 4-day trial. Cale Conley and Richard Griggs represented the family at trial.

$1,200,000 Jury Verdict in Wrongful Death Case

A Cobb County Superior Court jury awarded $1.2 million dollars to the father of a deceased college student killed when his truck hit a boat and trailer parked partially in the driving lane of a four-lane highway. Andy Scherffius, Ranse Partin and Andre T. Tennille represented the father at trial.

$350,000.00 Jury Verdict against Chiropractor for Improper Treatment

A Whitfield County jury rendered a verdict of $350,000.00 in favor of a Dalton man and against a local chiropractor who continued to recommend and perform forceful chiropractic adjustments on the man after it should have been apparent that the man needed an MRI and a consultation with a surgeon. A large piece of herniated disc material had broken off and had lodged against the nerve roots in his lower back. Surgery was conducted but too late to alleviate many of the neurological problems in his legs, which are permanent and debilitating. The verdict is believed to be the largest professional negligence jury verdict ever rendered in Whitfield County.

Representative Verdicts From Settlements

PRODUCTS LIABILITY CASES

Confidential Settlement in Tire Failure Case against Bridgestone/Firestone

A Canadian nurse working in the U.S. was driving down the highway in South Carolina when a Steeltex tire on a pick-up truck in the lane next to her suffered a tread separation. The tire failure forced the truck into the nurse’s car, running her off the highway and into a grove of trees. She suffered a brain injury and multiple fractures and other injuries. The case was filed in Federal Court in Charleston, S.C. and settled following mediation in Charleston, S.C.

Confidential Settlement of Wrongful Death Case Involving Tire Failure, Restraint System Failure, and Defective Tire Plug Repair Kit

A University of Georgia student was driving on Interstate 16 near Savannah when a BF Goodrich tire on her Ford Explorer failed, causing a rollover accident. In the course of the rollover, the restraint system in the SUV did not work properly, allowing the student to be partially ejected and ultimately killed. It was determined that the failure of the tire was caused in part by manufacturing defects in the tire itself and also caused in part by a prior tire puncture repair kit bought previously at an auto parts store. Plaintiffs settled confidentially with Michelin (maker of the BF Goodrich brand), Ford Motor Company, and Barjan Products, the maker of a tire plug kit called “Monkey Grip.”

Confidential Settlement with Kia Motors Involving Faulty Fuel Pump Circuit Causing Loss of Control of Vehicle

A DeKalb County woman and her two minor daughters received significant injuries when the Kia Sephia they were riding in experienced a sudden loss of steering and power while negotiating a curve and slammed into a tree. The woman was also pregnant at the time and lost her baby due to trauma. Forensic expert analysis revealed faulty and corroded fuel pump circuit connectors, which experienced intermittent electrical connectivity leading to the loss of control. The firm’s investigation confirmed that Kia knew about the problem before our client’s wreck. The client received a recall and repair notice while she was still in the hospital. The case settled for a confidential sum following mediation.

Confidential Settlement in Tire Failure Case against Continental Tire

A family was returning home from a vacation to Savannah when a Continental Contitrac SUV tire on a Ford Expedition experienced a tread separation, causing the SUV to lose control and crash into the trees off the highway. A young girl in the SUV lost the use of her right arm and hand in the crash. Another high school-aged girl suffered a brain injury and multiple fractures. The case against Continental Tire settled for a confidential amount after mediation. The claims against the other Defendants are ongoing in Superior Court in Albany, Georgia.

Confidential Settlement of Wrongful Death Case Involving Defective Tire and Improper Service of Tire at Retail in Tire Failure Case against Continental Tire

An Auburn University student was traveling home to Atlanta when the rear tire on his SUV separated, causing a loss of control and rollover of the SUV. The young man suffered fatal injuries. Working as local counsel for a noted Florida law firm, we helped pursue claims for the student’s surviving parents against Continental Tire, Walmart (which serviced the failed tire shortly before the incident) and the Atlanta used car dealer that sold the vehicle and placed the failed tire on it. The case resolved on confidential terms as to all Defendants.

Confidential Settlement with Fitness Equipment Manufacturer

The firm’s client, a Le Mans-style car racing team owner, was seriously injured when a treadmill he was using sped up suddenly to maximum speed and propelled him off the back. The pain and stress from the orthopedic injuries he received as a result of the defective treadmill (including two torn rotator cuffs) greatly exacerbated a serious neuromuscular condition the man already had called Myasthenia Gravis. The man experienced a medical “crisis” of this condition which required emergency transfusions and other urgent medical care to stabilize him. After the incident, the manufacturer voluntarily recalled approximately 20,000 treadmills for what the company called “over speed” incidents due to problems with the circuitry boards. The client’s case was settled for a confidential amount against the manufacturer of the treadmill as well as the fitness facility where it was being used, after mediation.

Confidential Settlement with Ford Motor Company after Trial Began

On the fourth day of trial in Federal Court in Atlanta the family of a deceased young mother agreed to settle her wrongful death claim with Ford Motor Company for a confidential sum. The case was filed after the young mother and her unborn child were killed in a wreck involving a Ford sports utility vehicle that was not equipped with an electronic steering control (“ESC”) system and went out of control and rolled over in the Atlanta area.

Confidential Settlement with Child Riding Toy Manufacturer

A young girl was being pushed in her plastic buggy riding toy by her mother when the handle broke free. The buggy, with the girl still inside it, rolled down the family’s driveway and smashed against the concrete siding of the house. The girl suffered a fractured skull and a brain injury. A forensic investigation revealed an unsafe and defective system for attaching the plastic handle to the plastic buggy. The case settled for a confidential sum with the manufacturer of the riding toy.

Confidential Settlement of Fuel-fed Fire Case against RV and Chassis Manufacturers

An insurance agent in West Virginia was riding down the highway as a passenger in a Coachmen RV, equipped with a Ford Motor Company chassis, when a fire suddenly infiltrated the occupant compartment and caused him to suffer 2nd to 3rd degree burns to over 30% of his body. After establishing evidence that the occupant compartment was not “fireworthy” and lacked appropriate escape mechanisms, and that the fire began due to problems in the chassis, the case settled on confidential terms with all Defendants approximately two weeks prior to trial.

VEHICLE REPAIR/SERVICE SHOP LIABILITY

Confidential Settlement for Paraplegic Client against Retail Tire Business for Failure to Properly Inspect Tires

The firm’ client was a belted passenger in a SUV returning from a softball tournament in Orlando, Florida when the left rear tire experienced a tread belt separation and vehicle went out of control. Inspection of the tire afterwards revealed that the left rear tire was worn down so much that the steel belts were becoming visible. While investigating the case, counsel learned that the tires had been inspected within 60 days before the wreck by a well-known tire retailer in Atlanta. The technician incorrectly noted the tread depth of the tire and did not inform the customer of the tire’s dangerous condition. The firm’s client, a 21 year-old woman from South Georgia, was rendered a paraplegic in the incident. Working with a firm out of Florida, we were able to obtain a confidential settlement with the retail business. The firm also represented another passenger in the SUV who suffered a brain injury. That companion case was also settled for a confidential sum.

Confidential Settlement with Auto Care Chain Business after Improper Inspection and Servicing of Client’s Car

An Atlanta woman took her car to a complete auto care facility where it was determined that certain repairs were needed. In the course of making those repairs, the technicians overlooked an extremely dangerous condition in the same area, a condition which was to be a “mandatory replacement” under company guidelines. The vehicle left the repair facility in a dangerous condition and wrecked thereafter, causing severe injuries to our client. We were able to prove through evidence and forensic testing that the dangerous condition was most likely present when Defendant inspected the car but no warnings or adequate repairs were provided. The firm’s client settled for a confidential sum following mediation.

Confidential Settlement of Two Wrongful Death Cases against Retail Tire Business for Failure to Warn Customer about Dangerous Condition of Tires

The firm represented the families of two high school students who were tragically killed when the car they were riding in hydroplaned, crossed the center line, and then was struck by a drunk driver. Just days before the wreck, the car’s owner had taken it to a well-known tire retailer in Atlanta for a safety inspection and was told that the tires were in good shape. In reality several of the tires were at or below the legal limit for tread wear and the tires in the worst condition were placed or left on the rear axle, which was also dangerous. The cases were settled for a confidential sum after years of extensive litigation and mediation.

DEFECTIVE MEDICAL DEVICES, PRODUCTS AND DRUGS

Confidential Settlement of 25 Cases Involving Unnecessary and/or Improper Surgeries against Osteopathic Doctor, Hospital and Medical Device Makers

The firm was counsel to 25 different plaintiffs in a series of common-fact cases against a local hospital, a large corporation that owns hospitals, an osteopath, and, in regard to three of the 25 cases, claims against two medical product manufacturers. All plaintiffs alleged that the osteopathic doctor performed unnecessary or otherwise improper surgeries on them, resulting in significantly worsened conditions. Many of the victims needed revision procedures. Others were left disfigured or with permanent disabilities. The local hospital failed to do a proper background check on the doctor, who was not qualified to do the surgeries and had falsified numerous parts of his resume including, notably, his education, training, employment and experience. In three of the cases involving spine injuries, the device makers were marketing and selling surgical products to the hospital that had not been approved for use in that type of spine surgery by the FDA, knowing that such products would be used, and were reaping substantial profits from selling the products. All cases against all parties were eventually settled for confidential amounts.

Confidential Settlement of Multiple Cases Involving Unsafe Contact Lens Solution Pulled from the Market after CDC Investigation

The firm represented a number of plaintiffs in cases pending in Multidistrict Litigation (MDL) against a well-known manufacturer of contact lens solutions and related eye care products. Numerous customers of this company who regularly used the product at issue as directed developed an alarming eye condition called Fusariam Keratitis, which caused cornea injuries and, in many cases, necessitated the need for a corneal transplant procedure. Even successful procedures left the patients with decreased vision. The condition was also very painful before correction. The product at issue was voluntarily recalled by the company, with the support of the FDA, after a CDC investigation regarding a high incident of correlation between use of the product and cases of suspected fungal keratitis. The firm settled several of these cases for confidential amounts for deserving clients.

BUSINESS DISPUTES AND LITIGATION

Settlement for Hospital Over Insurance Company Underpaying Claims

The firm Obtained a $1.2 million settlement for hospital client in breach of contract case where a managed healthcare insurance company was wrongfully paying the hospital for “outpatient-observation claims” as lower cost “inpatient claims”.

Confidential Settlement for Private Equity Firm Over Purchase of Companies Where Seller of Businesses Misrepresented Value at Sale

The firm represented an international company headquartered in Atlanta that purchased another business from a Texas-based company, alleging that the seller of the business breached various contract warranties in regard to the asset sale. The case was resolved by confidential settlement through pre-suit mediation.

Confidential Settlement for Investors in Private Commodity Pool Where Brokerage Firm Failed to Conduct Appropriate Due Diligence

Two prominent Atlanta businessmen experienced significant investment losses when a local brokerage firm marketed and recommended private placement in a commodity pool that turned out to be fraudulent. The commodity pool operator had accumulated $32 million of total client-invested funds but only $4 million was found when the FBI seized the operator’s assets. On behalf of the two investors, in a lawsuit filed in Fulton Superior Court and later pursued in the arbitration system of FINRA (formerly NASD), the firm alleged that the brokerage firm, one of its principles, and several of its employees, failed to conduct appropriate “due diligence” into the commodity pool before and during client investments. Had such basic due diligence been conducted, which was required by law, the FINRA rules, and agreements between the brokerage firm and the clients, numerous red flags would have revealed that the commodity pool was a sham operation. The claims were resolved for confidential sums shortly before arbitration commenced.

CONSTRUCTION SITE DEATHS AND INJURIES

Confidential Settlement of Wrongful Death Claim of Construction Worker Killed When Steel Beam Struck Him in the Head

While helping build a church addition in the Brookhaven area of Atlanta, a steel erection worker was struck in the head and killed when a 900-pound steel beam was dropped by a crane operator who was distracted from his job while talking on his cell phone, which was against company policy and industry standards. The crane operator tried to deny he was on his cell phone, but records and eyewitness testimony proved otherwise. A confidential settlement following mediation ensured a monetary recovery for the deceased worker’s family.

Confidential Settlement for Amputee Construction Worker against Gas Utility Subcontractor

A construction worker for a company installing new water lines for the City of Gainesville needed a below-the-knee amputation after a large backfill conveyor tipped over in soft soil and landed on his leg. It was determined that a gas utility subcontractor working on a different project in the same area just weeks before had failed to properly backfill and compact the soil in that area followed its project. The case settled for a confidential sum during mediation. The firm used a reputable engineering firm to prove the case.

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