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Tractor Trailer Wreck

Strickland v. Progressive Express Insurance, James Green and A Plus Flat Rate Logistics, U.S. District Court, Northern District of Georgia.  Wrongful death of 65-year old retiree.  Suit brought against trucking company, driver and trucking company’s insurer.  Insurer took the position that the total policy limits available were $50,000.  After suit was filed seeking a declaration that policy failed to comply with Florida insurance requirements, trucking company insurer settled case for 15 times stated policy limits and pre-suit offer.

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Tractor Trailer/Personal Injury

Armstrong v. Load One, LLC, et al.  U. S. District Court, Middle District of Georgia, Macon Division.  On November 8, 2014 Mrs. Armstrong was stopped at the tail end of a line of traffic on GA 96 when she was suddenly and without warning rear-ended by a large tractor-trailer owned by Load One, LLC.  The investigating officers discovered that the driver of the tractor-trailer was driving under the influence of alcohol.  A thorough investigation by BWP uncovered multiple prior DUIs for the tractor-trailer driver and revealed that he should have never been hired to drive a tractor-trailer in the first place…. read more

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Serious Injuries from Motorcycle Collision

Thomas Kerr Pre-filing settlement for uninsured motorist policy limits in a serious motorcycle wreck case involving a totally uninsured striking drive.  Uninsured motorist insurer agreed to pay full policy limits despite policy stating that uninsured motorist coverage was rejected.

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Workplace Accident / Negligence / Wrongful Death

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… read more

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Product Liability/ Negligence / Construction Defect / Corporate Liability/ Wrongful Death

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… read more

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Construction Site Accident / Wrongful Death

Widow v. Anonymous Construction Company, et al. A 35-year-old husband and father of two young children was killed when a crane collapsed on the job site. Decedent was employed as a trucking service technician for rental vehicles on the job site, with modest earnings potential. After hurdling various workers’ compensation and immunity issues, settlement was obtained for his widow and children within six months of filing the lawsuit. A portion of the settlement was structured, ensuring that the widow could stay home with her children and that the children would be well supported and educated in the absence of their… read more

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Construction Accident / Wrongful Death

Widow v. Unnamed Construction Subcontractor, State Court of Fulton County, Georgia. 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.

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Whistleblower / False Claims

$ 108,000,000 Fraud/Qui Tam (Whistleblower) Cash Settlement – 08/04/2017. United States of America ex rel. Victor Bibby and Brian Donnelly v. Wells Fargo Bank, N.A., et al. U.S. District Court, Northern District of Georgia, Atlanta Division. Wells Fargo Bank settled claims under the False Claims Act brought by two whistleblowers for recovery of money on behalf of the U.S. Government. Wells Fargo agreed to pay $108 million to settle claims that the bank cheated military veterans and taxpayers out of millions of dollars by hiding illegal fees in veterans’ home mortgage refinancing transactions and then sought to collect on void… read more

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Environmental Contamination

Glynn County Board of Commissioners v. Allied\Honeywell, Superior Court of Glynn County, Georgia. A settlement was obtained for Glynn County for environmental damages to nine parcels of county property, including a county-owned park on Blythe Island and portions of the historic Altamaha Canal. The southeast Georgia county sued Allied, now Honeywell, for thousands of pounds of mercury and PCB Aroclor 1268 discharged by Allied from its chlor-alkali chemical plant into the Turtle River and the adjacent marshes. In addition to the cash payment, Honeywell International, Inc. was also required to immediately commence efforts to pump and treat a large underground… read more

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Environmental Contamination

Flournoy, Owens, Ricks, et al. v. Allied\Honeywell, United States District Court, Southern District of Georgia, Brunswick Division. Settlement was obtained for the owners of approximately 240 marsh and river front properties in Glynn County, Georgia, that were contaminated with mercury and PCBs. Starting in 1956, Allied Chemical Co. (now Honeywell International, Inc.) discharged thousands of pounds of mercury and PCB Aroclor 1268 from its Brunswick chlor alkali plant into the Turtle River estuary and the marshes of Glynn. The area, adjacent to the Allied-LCP Superfund site, has seafood consumption advisories, and mercury and PCBs have been found in the water,… read more

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