Business Litigation/Arbitration

$40 million settlement. Negotiated and obtained a settlement in the amount of $40 million to resolve claims asserted in federal court action against fiduciaries to ESOP for violations of ERISA and for violations of the Securities Exchange Act of 1934 and Securities Act of 1993.

$7.25 million judgment. Recovered federal court judgment in the amount of $7.25 million in liquidated damages against subsidiary of publicly-traded entity for failure to comply with the terms of a lease agreement for three hotels located in Texas.

$7.6 million judgment. Recovered federal court judgment in the amount of $7.6 million against California entity in action alleging professional negligence.

$2 million settlement. Negotiated and obtained confidential settlement in the amount of $2 million in federal court action against lender in action alleging failure to comply with the loan covenants in a revolving $35 million credit facility.

Defense of arbitration proceeding. Successfully defended on behalf of general contractor $10 million arbitration proceeding in which hotel owner alleged negligent design and construction of Hilton Garden Inn hotel in Texas.

$8.9 million arbitration award and judgment. Recovered an arbitration award (later converted to a federal court judgment) in the amount of $8.9 million against a publicly-traded company for failure to comply with terms of a reservations agreement.

Jury verdict for the defense. Successfully defended and obtained unanimous jury verdict on behalf of franchisor in $14 million federal court proceeding filed in the Middle District of Florida by a plaintiff which claimed that franchisor had infringed its federally registered trademarks.

$1 million judgment. Recovered jury verdict in state court action in Tennessee in case where defendants fraudulently transferred assets to related party in attempt to avoid payment of a prior judgment obtained in federal court.

$1.9 million arbitration award. Recovered arbitration award (later converted to state court judgment) in the amount of $1.9 million on behalf of general contractor against property owner for failure to pay amounts due under terms of construction contract, and later foreclosed upon property owner’s hotel to satisfy judgment.

Catastrophic injury / wrongful death

$9.1 Million Jury Verdict – Obtained a $9.1 million jury verdict in a wrongful death/personal injury case arising from an automobile collision that occurred in Sumner County, Tennessee. The collision involved the death of a father and a minor son, as well as severe injuries suffered by two minors who survived the collision. Those injuries included spinal cord injuries resulting in paraplegia as well as internal injuries and multiple broken bones.

$11 Million Judgment Against Progressive Corporation and Progressive Northwestern Insurance Company – After the $9.1 million jury verdict in the Sumner County Circuit Court case described above, obtained an $11 million judgment against the Progressive Corporation and Progressive Northwestern Insurance Company based upon the companies’ obligation under an insurance policy to post a supersedeas bond.

$1.354 Million Policy Limits Settlement for Brain Injured Child – Obtained a $1.354 million settlement on behalf of a minor plaintiff injured in an automobile collision involving a concrete truck. The collision occurred when the driver of the concrete truck made an illegal U-turn. The child suffered brain injuries as well as injuries to one of his eyes. The funds recovered were placed into an irrevocable special needs trust to fund the plaintiff’s future schooling and care.

SUV Rollover/Wrongful Death Case – Obtained a confidential settlement on behalf of the mother whose daughter died in a SUV rollover accident on the interstate. The case involved the death of four young girls and injuries suffered by a fifth girl. The case resolved through mediation involving nine parties, five insurance companies, and seventeen lawyers.

$725,000 Recovery for Burn Victim – Obtained a $725,000 recovery for minor plaintiff burned while playing in residential area. The child was burned when he fell into a fire started by some neighborhood teenagers who were trying to make a Molotov cocktail. Funds placed in trust for future care of child.

$400,000 Personal Injury Settlement Against Excavation Company – Obtained a $400,000 settlement on behalf of man who suffered severe leg injuries upon falling into an open trench dug by a sewer line excavation company.

Product Liability/Wrongful Death Confidential Settlement – Obtained a confidential settlement in product liability action against go-cart maker in case arising from the wrongful death of a minor child.

Carbon monoxide poisoning – wrongful death. College student died due to inhalation of carbon monoxide from improperly installed space heater in apartment. Owner of apartment had violated numerous city code provisions in connection with installation and maintenance of heater. Confidential policy limit settlement.

$1.2 million settlement arising from injury to child’s eye. Young child was playing with neighborhood child who had been given a pocket knife by neighbor’s father. Injury to eye from pocket knife. Claim against father for negligently providing child with pocket knife and failing to supervise.

Police chase. Cab driver diagnosed as manic-depressive failed to take medications and was involved in a high speed police chase which ended when cab driver struck the side of a vehicle driven by a twenty-five year old who experienced life threatening injuries and underwent numerous surgeries. Jury verdict in favor of twenty-five year old against both the cab company and the police officer in the amount of $300,000. Judgment affirmed on appeal. Gleaves v. Checker Cab Transit, Inc.. 15 S.W.3d 799 (Tenn. 2000).

Blindness. Prisoner blinded in both eyes while working near automated detergent dispensing system that blew up in prisoner’s face. Confidential settlement reached with manufacturer of dispensing system due to failure to warn and maintain system. Settlement reached with State for negligent failure to maintain system.

Consumer Protection

$1.5 million settlement. Negotiated and successfully obtained on behalf of policy holders in Tennessee, Florida, Georgia, South Carolina and other southeastern states court approval of class action settlement in action against insurance carrier for failure to return unearned premiums at the expiration of insurance policies and for unfair and deceptive practice under the Tennessee Consumer Protection Act.

Insurance

$1.6 million settlement/Failure to provide uninsured motorist coverage. Forty year old woman seriously injured in automobile collision with underinsured driver. Client’s insurer denied claim for uninsured motorist coverage that should have been provided under client’s excess/umbrella liability insurance policy. Settled after suit filed. Insurer paid client full amount of uninsured liability insurance that should have been offered under excess/umbrella policy along with payment of all of client’s attorneys’ fees.

Failure to pay proceeds due from multi-million dollar life insurance policy. Life insurance company denied wife’s claim for life insurance on multi-million dollar life insurance policy insuring husband on basis that policy was never issued due to husband’s failure to complete application for life insurance policy. Evening before trial was to begin, life insurer agreed to payment of full coverage amount due wife.

Liquor liability / drunk driving

Wrongful death. Early one Sunday morning electrician at the Saturn Automobile manufacturing facility in Spring Hill, Tennessee was returning home from work driving on a two lane road when his automobile was hit head on by a drunk driver who had spent the previous evening bar hopping in Nashville. Our investigation showed that he had consumed numerous drinks at a bar/nightclub. After filing suit and conducting extensive discovery, settlement for well over $1 million dollars.

Catastrophic brain injury. Nashville convenience store unlawfully sold beer to two teenagers. One of the teenagers, a driver, consumed the beer and was involved in a one vehicle wreck that caused catastrophic brain injury to his passenger. Suit was filed against the convenience store. Confidential multi-million dollar settlement reached whereby the convenience store’s liability insurer paid insurance policy limits and the convenience store contributed the same amount to the settlement.

Catastrophic brain injury. Twenty three year old local college student struck by an intoxicated off duty police officer while crossing a Nashville street. College student experienced life threatening injuries including permanent brain injuries. Bar where the off duty officer had been drinking was less than a mile from the scene of the incident. Confidential settlement.

Brain injury. Twenty-two year old man stopped at a light in his Jeep Cherokee was struck from the rear by a drunk driver causing the Jeep to flip over and causing serious brain injuries to the driver. Intoxicated driver had a blood alcohol level in excess of .20 gm % and had been drinking earlier that evening at a bar/restaurant with several friends from work. Discovery revealed that the driver had four previous DUI’s and had numerous drinks that evening. Confidential settlement.

Medical negligence

Catastrophic injuries to child resulting from negligent diagnosis, surgery and anesthesia – Confidential settlement. Infant catastrophically injured when surgeon misdiagnosed tumor. Resulting surgery was negligently performed.

Failure to diagnose bacterial meningitis – Confidential settlement. Pediatricians and emergency room physician failed to evaluate, diagnose and treat infant with signs and symptoms of bacterial meningitis causing severe brain injuries.

Psychiatric negligence – $1.1 million jury verdict. Psychiatrist admitted dangerous patient to psychiatric ward of local hospital. Patient presented a danger to himself and others and required restraint or transfer. Patient left room and attacked nurse causing serious head injuries. $1.1 million verdict for plaintiff nurse. Judgment affirmed on appeal. Turner v. Jordan, 957 S.W. 2d 815 (Tenn. 1997).

Injuries to mother following birth of child – $2.1 million settlement. After delivering healthy daughter, mother developed post-partum bleeding and was hospitalized. Obstetrician – gynecologist performed D&C but ordered inappropriate medications and failed to appropriately monitor patient during post-operative period. Hospital staff ignored patient’s condition as she developed hyponatremia from excessive water and lack of electrolytes. Patient suffered brain damage.

Transfusion of infected blood. Premature newborn in pediatric intensive care unit was mistakenly administered blood products intended for another patient with a similar name. Medical records concealed mistake and did not show that the blood products were mistakenly given to patient. Blood products were contaminated with HIV. Confidential settlement on behalf of child with hospital and blood supplier.

Injury to bile duct during laparoscopic cholecystectomy. During performance of a laparoscopic cholecystectomy, surgeon injured the patient’s common bile duct resulting in additional surgery and lengthy recuperation. Confidential settlement.

Complications from laparoscopic cholecystectomy. Surgeon perforated patient’s colon during laparoscopic cholecystectomy. Later surgeon attempted to repair colon causing extensive additional damage resulting in patient’s hospitalization for a year and over one million dollars in medial expenses. Confidential settlement day before trial was to begin.

Injury to newborn due to failure to diagnose kernicterus. Emergency room physician failed to properly diagnose kernicterus in new born after mother brought child to hospital’s emergency department. Due to delayed hospital admission and treatment, infant suffered catastrophic brain injury. Confidential settlement.

Plastic Surgery. Twenty three year old woman underwent plastic surgery to address injuries received in an automobile collision. Following plastic surgery and while still a patient in local hospital, patient developed hospital pneumonia that plastic surgeon failed to diagnose or treat. Patient experienced arrest in hospital resulting in hypoxia and catastrophic brain injury. Confidential settlement to include lifetime benefits and care.

Failure to diagnose tuberculosis. Patient was admitted to local hospital with difficulty breathing. Patient’s physicians delayed diagnosis of tuberculosis and failed to appropriately treat. Patient suffered respiratory arrest following unsuccessful attempts to intubate and place on respirator resulting in catastrophic brain injury. Confidential settlement.

IV infusion injury. Child in hospital suffered injuries caused by infiltrating IV that hospital staff failed to recognize. Child underwent subsequent plastic surgery procedure. Confidential settlement.

Plastic Surgery – Obtained a confidential settlement on behalf of woman who suffered severe burn injuries during ultrasonic liposuction procedure.

Laparoscopic Surgery – Obtained confidential settlement for young woman who suffered internal burn injuries during laparoscopic procedure intended to treat endometriosis.

Negligent security

Apartment rape and robbery. A twenty year old woman was robbed and violently raped at gunpoint in her Nashville apartment. The apartment complex was a “gated community.” Investigation showed that the apartment manager and owner failed to provide adequate security especially in light of past crimes on the premises. After suit and extensive discovery and pre-trial proceedings, the case settled for a confidential amount.

Trucking litigation

$6.3 Million Jury Verdict in Tractor-Trailer Case. Automobile stalled in interstate due to excessive water caused by sudden rain and clogged and inadequate drains. Tractor-trailer following automobile failed to avoid stalled automobile striking stalled vehicle and causing three deaths and serious injuries to one passenger. Two week jury trial and verdict for passengers in amount of $6.3 million.

$4 Million Settlement in Trucking Case – Obtained a $4 million settlement against a large trucking company and other entities on behalf of a man who suffered a traumatic brain injury and spinal cord injuries in a collision on the interstate. The collision occurred when two wheels separated from a large tractor-trailer truck as it traveled along the interstate and one of the wheels struck the plaintiff’s car head on.

Confidential Settlement for Brain Injured Man Against Trucking Company – Obtained a confidential settlement against a large trucking company and other entities on behalf of a man who suffered a catastrophic brain injury after colliding with a vehicle parked illegally on the interstate. The collision occurred at night when the injured man drove a pickup truck into the back of a trailer that was parked illegally on the interstate.

Head-on Collision / Trucking Accident – Obtained a confidential settlement on behalf of husband whose wife was killed in head on collision with tractor-trailer on the interstate. Tractor-trailer truck driver lost control, crossed the median, and struck the decedent’s car head on.

Tractor-trailer. Husband who was retired was traveling on interstate stopped in traffic due to wreck. Tractor trailer operated by Canadian trucking company struck his vehicle from behind and killed husband. Confidential policy limits settlement.

Tractor-trailer. Passenger in van on interstate suffered head injury when van collided with tractor-trailer that had lost control due to high winds. Confidential settlement during trial.

Tractor-trailer. Automobile stalled in interstate due to rain and related weather conditions. Client’s automobile was then struck by another automobile and knocked in lane of passing tractor-trailer. Passenger was killed and driver experienced closed head injury with traumatic brain injury. Settlement for policy limits of automobile operator and for confidential payment from trucking company.