settlement verdict

Published on: January 5, 2012

Family of Student Who Committed Suicide Settles Wrongful Death Lawsuit against Virginia Tech

The family of a Virginia Tech student who committed suicide has reached asettlement of a wrongful death lawsuit against the university.The state of Virginia has agreed to settle the lawsuit by paying $200,000 to the family of Daniel Sun Kim.The state will also establish a scholarship fund of $100,000 in his name.The settlement includes more than $100,000 in attorney fees.The family had initially claimed $4 million in their wrongful death lawsuit.

Additionally, Virginia Tech will also place a memorial plaque honoring Daniel Sun Kim somewhere on campus.The university will also enact a policy that will require that parents and guardians of students who are considered to be suicidal, be informed of this. As part of the settlement, the University does not admit any wrongdoing in Kim’s death.

As a wrongful death attorney, I recognize that the amount is not substantial relative to the loss suffered by the family. It is likely the family decided that the non-monetary portion of the settlement (ie: change in policy, scholarship fund and plaque honoring their son) allowed for a more appropriate conclusion of the case. I very much respect and applaud their decision. The change in the policy of the university will likely save lives of students in the future. It is unfortunate that the university did not choose to also provide the family with a more appropriate level of financial compensation for their loss rather than only implementing a policy that should have already been in effect for the safety of their students.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.

Published on: November 21, 2011

Court Awards $144 Million in Medical Malpractice Lawsuit

by Robert N. Katz, Esq.

A Michigan jury has awarded $144 million in a medical malpractice lawsuit filed by a woman who alleged that negligence by her doctors left her baby with severe brain damage and in need of long-term care. Medical malpractice attorneys in Atlanta and elsewhere recognize the potential for sizable injury awards in all cases in which an infant suffers brain damage during birth. However, this is one of the largest medical malpractice awards in this settling.

The verdict came out this week against the Beaumont Hospital in Royal Oak, Michigan.It was here that the woman had been admitted for delivery in 2006.According to the lawsuit, the hospital as well as the doctor in charge of the delivery was negligent in failing to perform a cesarean section on the woman.The baby, a 10 lbs. 12 oz. girl was instead pushed through the birth canal.As a result, the baby suffered a fractured clavicle and began hemorrhaging severely.The baby was ultimately left with severe brain injuries and in need of long-term care.

The hospital and the doctor have said that they will appeal the verdict.The hospital alleged that the child’s injuries were the result of a genetic condition, and not due to negligence by the doctor or the hospital.However, an eight-member jury has now found in favor of the woman, and has found the hospital negligent.

Published on: October 28, 2011

Court Holds Georgia Club Liable for Deadly Drunk Driving Accident

by Robert N. Katz, Esq.

A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.

This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.

The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.

Published on: October 18, 2011

Man Receives $48 million Award for Motrin Related Injury Lawsuit

by Robert N. Katz, Esq.

A man, who suffered severe skin rashes and blood blisters from the use of the painkiller Motrin, has been awarded $48 million for his injuries.The verdict came in California in a product liability lawsuit that has been closely watched by Atlanta personal injury lawyers. There are significant number of product liability claims arising out of ibuprofen pending in the United States. These cases include both serious personal injuries and wrongful death claims.

The plaintiff, a 22-year-old Southern California man says that he was 16 years old when he took Motrin for the treatment of aches and fever.That was in October 2005.What happened next was something he did not expect in his wildest dreams.His skin quickly erupted into lesions, and his mouth started filling up with blood blisters.

The man filed a lawsuit against McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson and the manufacturer of Motrin.According to the lawsuit, the drug, which is easily available over the counter, did not come with enough warning about side effects.

Published on: July 19, 2011

Slip and Fall on Rain-Slicked Hotel Floor Gets Million Dollar Verdict

by Robert N. Katz, Esq.

Described by her attorney as a “young, attractive executive,” Christine Garland was attending a sales conference that was interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotel. She’s endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.

The hotel’s insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse Fulton County jury voted in the plaintiff’s favor.

In his closing statement, says the Daily Report, the plaintiff’s attorney honed in on the conflicting testimony of hotel staff. Some employees testified that prior to opening the doors of the conference room wet floor signs and safety mats had been posted as warning– other employees directly rebutted this testimony as did the plaintiff, Garland, and her boss. The other clincher for this case was the taped depositions of Garland’s treating physicians – graphic testimony that went unchallenged by the defending attorney. As a result, Garland received upwards of $800,000 more than requested in pain and suffering, and a great deal more than the $210,000 settlement initially put on the table by the chain.

Published on: July 15, 2011

Georgia Supreme Court Hands Down Pivotal Ruling in Drunk Driving Car Accident

by Robert N. Katz, Esq.

On July 5, by a vote of 6-1, Georgia’s Supreme Court found a convenience store could be held liable for selling alcohol to a man who was responsible for a fatal car accident. Initially, the trial court granted the store’s motion for summary judgment on the grounds that the beverage was not sold to be consumed on the premises, reports the Associated Press. This seems to be an assumption the consumer was unaware of – at the time of the auto accident, and only four hours after buying a twelve-pack of beer from Exprezit!, his blood alcohol content was a whopping 0.181, more than twice the legal limit.

As a car accident attorney in Atlanta, Georgia, I come into contact with similar claims involving drunk drivers. When I heard about this particular ruling, I immediately honed in on the fact that the man was said to be visibly intoxicated at the time the alcohol was purchased. Another article by The Florida Times-Union notes the Court’s application of the “dram shop act” to its reasoning. The law states that anyone who knowingly sells or provides alcohol to someone who is noticeably intoxicated while knowing that the person will soon be driving may be liable if the alcohol is the direct cause of an injury.

In his opinion for the majority, Justice Hugh Thompson reasoned that the act was all-inclusive, meaning that it was intended to encompass the sale of alcohol at places other than the “proverbial dram shop” or bar. On the other hand, Justice Robert Benham, dissenting, concluded this was an unfair interpretation of the act because clerks at grocery stores and convenience stores often experience a lesser degree of interaction with patrons. Ostensibly, he claims, this affords them little opportunity to really judge the sobriety customers.

Published on: June 1, 2011

Record-Breaking Pregnancy Medical Malpractice Verdict Prompts Calls for Proper Prenatal Care

by Robert N. Katz, Esq.

Connecticut has just seen what’s being heralded as the largest medical malpractice verdict in state history, with the parents of 8-year-old Daniel D’Attilo being awarded $58 million on his behalf. As an Atlanta injury lawyer, I can tell you that although Georgia has seen substantial verdicts against doctors in these cases, I cannot recall a verdict of this size against a single physician. The damages stem from their obstetrician’s decision to delay their son’s delivery back in 2003. The young D’Attilo now suffers from cerebral palsy due to brain injuries sustained when the practitioner waited days after Cathy D’Attilo’s amniotic fluid dropped before performing a botched Caesarian section, claim attorneys for the family. Of the damages awarded, $8 million is designated to cover medical expenses, while the remainder was awarded to the family for pain and suffering.

In a statement to the Associated Press, the doctor’s attorney, James Rosenblum, indicated that the jury’s decision was made more out of sympathy than evidence and suggested that his client would appeal what he called a “shocking verdict.” Other physicians have voiced concerns that this verdict will deter doctors from taking on high-risk cases like this one in the future.

According to the National Center for Biotechnology Information, cerebral palsy is a lifelong disorder, often requiring long-term care. Although its causes are not always discernable, symptoms usually appear before a child turns 2 and, in rare cases, as early as 3 months. Cerebral palsy is caused by injuries or abnormalities of the brain and often manifests as impairment to nervous system functions such as movement, learning, hearing, seeing and thinking.

Published on: May 14, 2011

Increase in Cost of Dog bite Claims due To Higher Dog Bite Lawsuit Verdicts

by Robert N. Katz, Esq.

New information by the Insurance Information Institute suggests that there has been an increase in the cost of dog bite claims over the past year.The average dog bite claim cost insurers about 5% more in 2010 compared to 2009. Dog bites often result in extremely serious personal injuries. Our office has handled a significant number of dog bite cases in the last 20 years. The injuries from these matters appear to be becoming more and more severe. This may be as a result of more individuals owning dogs for protection or certain breeds that are more likely to attack persons. As an Atlanta injury lawyer, I strongly support the need for obedience training for dogs when they are puppies. I believe this would greatly reduce the number of overall attacks.

The analysis of homeowners’ insurance data by the Insurance Information Institute found that the average cost of dog bite claims in the United States in 2010 was $26,166.That’s an increase of 5.3% from $24,840 in 2009. The cost of dog bite claims increased a staggering 37% between 2003 and 2010.

There was a drop in the number of dog bite claims being filed.These dropped 4.9% from 16,586 claims in 2009 to 15,770 claims in 2010.

Published on: August 16, 2010

Wrongful Death Lawsuit Settled by Georgia Department of Transportation

by Robert N. Katz, Esq.

Georgia Department of Transportation Settles Wrongful Death Lawsuit

The Georgia Department of Transportation has agreed to pay $600,000 dollars to settle a wrongful death lawsuit, arising from a taxi accident that killed a 51-year-old woman.Patricia Heller was killed when her taxi went out of control and crashed into a tree.She suffered fatal injuries.

Her husband filed a wrongful death lawsuit against the taxi driver, the taxi company, a former city inspector and the Georgia Department of Transportation.The lawsuit alleged that the taxi had bald tires on the day of the accident, and had passed a city inspection just one day before the crash.The lawsuit also accused the Department Of Transportation of negligent design of that section of Interstate 85, alleging that a tree should not have been allowed to grow so close to the roadway.The lawsuit also alleged that the slope was too steep, and the drainage system was poor.