Available for Seminars
We are available to speak with your claims personnel about various legal topics. Recently, we have presented a seminar entitled “How Can Insurance Companies Balance Georgia’s ‘Mirror Image’ Settlement Rule and Georgia’s Negligent/Bad Faith Failure to Settle Law?” If you would like us to present this seminar or a seminar on another topic to your company, please contact Jonathan Adelman at (770) 933-7027.
Trucking Company Successfully Defended in Personal Injury Suit with Significant Injuries
As reported in the December 5, 2013 issue of the Daily Report, Hilliard Castilla successfully defended a trucking Company on a major personal injury case against the company and its insurer. All parties agreed that a drive shaft from the trucking dump truck dislodged and caused vehicles to slow and/or stop on I-575. Plaintiff, who suffered a fractured vertebrae after swerving to avoid another vehicle and driving off of an embankment, contended that the trucking company, its driver and insurer should be held liable for special damages of over $120,000, plus lost income and pain and suffering. At trial plaintiff, who demanded $900,000 from the insurer in pretrial negotiations, asked the jury for $3.2 million. Hilliard Castilla secured a verdict of less than $650,000 after convincing the judge to dismiss the insurer and driver from the litigation and persuading the jury to apportion a percentage of the blame for causing the accident to the plaintiff.
Prout Obtains Defense Verdict in Clear Liability Case
Dan Prout obtained a defense verdict in a clear liability case in the State Court of DeKalb County. The case involved a collision between an automobile driven by a drunk driver who fled the scene and a vehicle in which the plaintiff was riding as a passenger. The defense involved proving that the plaintiff was not injured despite a moderate impact in the collision. Despite the plaintiff-oriented venue and the enormous potential for an award of punitive damages, Mr. Prout was able to convince the jury that the plaintiff was not injured in the accident
Adelman Prevails in Breach of Contract Case
Jonathan Adelman prevailed on summary judgment in a breach of contract action which was filed for the purpose of enforcing a pre-litigation settlement for the insured’s policy limits. The claimant sustained serious injuries and incurred medical expenses of more than $440,000. The insured’s policy limits were only a fraction of the total health care expenses. The claimant’s attorney argued that his conditional settlement demand had not been accepted when the insurance company agreed to pay its policy limits in response to the request for the same. The trial court disagreed with that argument and entered an order enforcing the settlement and requiring the claimant to pay attorney’s fees. The trial court’s ruling was upheld in the published Court of Appeals’ decision of Sherman v. Dickey, 322 Ga. App. 228 (2013).
Adelman Successfully Obtained Summary Judgment
On behalf of one of the nation’s largest insurance companies, Jonathan Adelman successfully obtained summary judgment against a medical doctor and his practice for physical therapy treatments rendered by unlicensed individuals. The case was filed by the insurance company in the U.S. District Court for the Northern District of Georgia. In its ruling, the trial court ruled that the insurance company was not obligated to pay med-pay benefits for approximately $320,000 in submitted bills. The trial court further ordered the medical doctor and his practice to reimburse the insurance company more than $40,000.
Defense Verdict Obtained When Plaintiff Lacked Credibility
Hilliard Castilla obtained a defense verdict in a dangerous personal injury lawsuit filed in one of Georgia’s most plaintiff oriented venues. The suit, filed by the ex-wife of a successful plaintiff’s attorney, included a claim for medical special damages in excess of $80,000 as well as a claim for future medical expenses. The jury was swayed to render its verdict based on plaintiff’s perceived lack of credibility. Extensive research into plaintiffs past, including her divorce proceedings revealed that she had claimed that many of her injuries were caused by her ex-husband. Because plaintiff was unable to explain away the impeachment, the jury concluded that her automobile accident claims lacked credibility.
Defense Verdict Obtained in Personal Injury Suit
Hilliard Castilla obtained a defense verdict in a suit filed by a personal injury suit filed by a prominent Atlanta Sports and Entertainment lawyer. The attorney, who claimed a host of injuries from a moderately severe automobile accident, presented medical special damages of over $100,000 and a claim for loss earning capacity exceeding $500,000. The plaintiff presented her treating orthopedic surgeon as well as an economist as her expert witnesses. An offer to settle in the amount of $25,000 was extended based on extensive discovery which revealed that the plaintiff had previously undisclosed preexisting degenerative disease. The jury returned with its verdict after a hard fought three day trial.
Waldon Obtains Favorable Verdict in Cobb County
In a clear liability case involving soft-tissue injuries and specials exceeding $11,000 and claimed lost earning capacity exceeding $100,000, Russell Waldon obtained a defense verdict in the State Court of Cobb County.
Castilla Obtains Defense Verdict in Forsyth County
In a motor vehicle accident case involving disputed liability and medical specials of $138,000, Hilliard Castilla obtained a defense verdict in the State Court of Forsyth County.
Waldon Wins in Gwinnett County
In a clear liability car wreck case involving specials in excess of $60,000, Russell Waldon obtained a defense verdict in the State Court of Gwinnett County.