Verdicts & Settlements

1. Consumer Class Action      Top
   $11.9 Million Judgment

   Claim was asserted under the Telephone Consumer Protection Act that prohibits sending unsolicited fax advertisements.  Certified Class of claimants consisted of 1,321 businesses and individuals who received unwanted fax advertisements over a six (6) week period.  Jury trial resulted in $11.9 Million Judgment.

2. Consumer Class Action/Breach of Warranty     Top
   $10.3 Million Settlement

   Settlement of nationwide Consumer Class Action against manufacturer of home air conditioning units for breach of contract and breach of warranty. Evidence showed units were defective and could not be repaired to function properly.

3. Medical Malpractice/Paraplegic     Top
   $5.9 Million Settlement

   67 year old female presented to the emergency room with complaints of chest pain. EKG was performed and showed 12 abnormalities. Patient remained in the ER for over 3 hours without seeing a physician, suffered a heart attack and coded. Failure to treat properly rendered patient a paraplegic and unable to speak. Constant attendant care now required.

4. Consumer Class Action/Insurance Coverage     Top
   $7.5 Million Judgment/Settlement

   Claim was asserted against three (3) insurance companies to collect judgment rendered in consumer class action arising under the Telephone Consumer Protection Act. Insurers refused to pay judgment rendered against the insured after jury verdict and then denied coverage for claim. Summary Judgment for $5 Million policy limits obtained against excess carrier, which was later affirmed on appeal. Settlement with other 2 insurers consisted of $1 Million of policy limits from primary insurer and $1.4 Million from others.

5. Consumer Class Action-Insurance Benefits       Top
   $3.6 Million Settlement
   
   Nicholson Revell LLP served as lead counsel for a certified class of Georgia consumers who were not paid certain benefits on their first party total loss vehicle claims.  The insurer refused to pay sales tax and transfer fees for tag and title as part of the amount paid on total loss vehicle claims.  Following the entry of favorable ruling in the trial court on the central legal question the insurer appealed to the Georgia Court of Appeals.  Before a decision was reached, the claim was settled for $3.6 Million, which resulted in significant payments to more than 19,000 Georgia consumers.

6. Product Liability/Propane Gas Explosion/Burn Injury     Top
   $2.3 Million Settlement

   55 year old minister burned over 60% of his body when a propane gas heater exploded at his church. The gas company failed to turn off a valve when they refilled the tank located on the outside of the church. Gas Company also failed to notify the church that the tank had been refilled and failed to give proper instruction to contact company before re-lighting heater.

7. Industrial Accident/Burn Injury     Top
   $1.25 Million Settlement

   43 year old male was severely burned while working in a chemical plant. Claimant was adding a chemical known as lupersal 575 to a reactor. As he was pouring the chemical into the reactor a huge explosion took place engulfing the claimant in flames. The claimant sustained third degree burns to over 45% of his whole body. Medical expenses incurred were over $570,000 and claimant has a 64% permanent disability to his whole person. Suit was brought against manufacturer of lupersal and the designer of the plant where the claimant was working. Claimant previously had all medical bills paid by workers’ compensation and received a settlement for total disability from workers’ compensation.

8. Eminent Domain/Land Condemnation      Top
   $1 Million Settlement
   
   The Georgia Department of Transportation threatened eminent domain proceedings to acquire a portion of certain property on a roadway where a fast food restaurant business was operating. The available evidence showed that the business operation would likely suffer a significant loss in business and reduction in land value because of the roadway project. The $1 Million settlement included just and adequate compensation for value of the land taken, plus consequential damages to the remaining land plus business damages to the fast food restaurant business.

9. Medical Malpractice/Misdiagnosis of Breast Cancer     Top
   $750,000 Settlement

   50 year old female brought a medical malpractice action against the radiologist who failed to recognize a nodular density on her right breast on a mammogram. This nodular density was diagnosed a year later as being malignant. The failure to detect this nodular density prevented the claimant from having better prognosis for cure and survival.

10. Medical Malpractice/Wrongful Death     Top
    $595,000 Settlement
    Federal Tort Claims Act

    Wrongful death of 36 year old female for medical negligence due to misdiagnosis of cancer. Deceased went to various clinics and emergency room at military hospital a total of 21 times in a nine month period with symptoms and clinical findings. Deceased died from cervical/ovarian cancer that was not diagnosed properly by medical personnel.

11. Premises Liability/Industrial Accident     Top
    $460,000 Settlement

    Settlement for 35 year old male working at local industry when he was struck in face by machinery. Severe injury inflicted to lower jaw and several teeth. Claimant also sustained TMJ injuries. Defendant was negligent in failing to turn off pressure in line causing 75 lb. expander plug to hit claimant in the face.

12. Medical Malpractice/Spinal Cord Injury      Top
    $430,000 Settlement - Federal Tort Claims Act
    
    Settlement for 24 year old male who was a victim of medical malpractice by a local neurosurgeon and radiologist at a local hospital for failing to properly diagnose and treat a spinal cord cyst. The claimant is permanently disabled and is unable to be gainfully employed because of medical negligence.

13. Automobile Collision      Top
    $350,000 Settlement

    Four year old minor child involved in a motor vehicle collision while a passenger in a vehicle being driven by his mother. The mother's vehicle collided with a vehicle driven by an employee of a lawn care business who negligently turned into the path of mother's vehicle. Minor sustained sixth nerve palsy, subarachnoid hemorrhage and cervical spine injury that required hospitalization for approximately one month, including surgery to place shunt to relieve pressure. One component of the settlement included periodic payments through an annuity policy with guaranteed payout of more than $300,000 over the lifetime of the child.

14. Workers’ Compensation     Top
    $350,000 Settlement

    36 year old male injured when he was struck in the back while driving a forklift at work. Claimant sustained a severed sciatic nerve in his back and paralysis to his right leg. Claimant has been totaled disabled since the date of injury.

15. Automobile Collision     Top
    $245,000 Settlement

    52 year old female was involved in a motor vehicle collision while a passenger in a vehicle being driven by her daughter. Claimant was struck by a vehicle being driven by an off-duty police officer. Claimant sustained a broken hip, a broken leg, multiple facial lacerations and a pulmonary contusion. Injury to her hip caused her muscles to contract, which resulted in her left leg being one-half inch shorter than her right. Claimant was required to wear orthopedic shoes. Claimant sustained over $74,000 in medical expenses.

16. Railroad Grade Crossing Collision/Wrongful Death     Top
    $235,000 Settlement

    47 year old resident of Burke County, Georgia was struck and killed by a Norfolk-Southern locomotive at a grade crossing in Jenkins County, Georgia, near Millen. Sight distances at the crossing were inadequate for a motorist to safely cross the intersection.

17. Auto Accident/Rear End Collision     Top
    $225,000 Settlement

    Policy limits settlement for 72 year old female who was a passenger in a vehicle struck from rear and thrown into path of oncoming vehicle. Severe injury to right shoulder and arm – fracture of humerus. Medical expenses $66,000; 36% permanent impairment to right upper extremity; 22% permanent impairment to whole person.

18. Medical Malpractice/Wrongful Death     Top
    $225,000 Settlement

    Wrongful death of 58 year old man who presented to Veterans Administration medical center Life Support Unit with symptoms of shortness of breath, elevated temperature and persistent cough. Medical personnel failed to order chest x-ray and blood work. Deceased was sent home and died 18 hours later from acute respiratory failure.

19. Medical Malpractice     Top
    $200,000 Settlement

    Settlement for 50 year old male who fell and injured his back and neck while he was a patient in a hospital. Nursing personnel failed to implement proper procedures to prevent claimant from getting out of his bed by himself without assistance. Plaintiff sustained a compression fracture of his cervical spine, which required surgery.

20. Automobile/Motorcycle Collision     Top
    $190,000 Settlement

    26 year old male, active duty Air Force, was struck by another vehicle while riding his motorcycle. Claimant sustained a fracture of both bones in his lower right leg and also a ligament injury to his left knee. He also sustained an injury to his left thumb. Medical expenses totaled over $40,000. He had an eight percent permanent partial disability to his whole person.

21. Medical Malpractice/Wrongful Death     Top
    $125,000 Settlement

    Settlement for wrongful death of 80 year old woman who fell in hospital after a cardiac catheterization procedure and died two days later due to a subdural hematoma. Hospital nurses failed to monitor the patient properly.

22. Auto Accident/Passenger     Top
    $100,000 Settlement

    21 year old male passenger in a vehicle struck by grading vehicle owned and operated by a construction company doing work on the roadway. Claimant suffered permanent facial scarring and incurred medical expenses of $13,000.

23. Premises Liability/Negligent Security     Top
    $100,000 Settlement

    Settlement for 30 year old male shot while on hotel premises during special event. Claimant sustained gunshot wound to his jaw and incurred $56,000 in medical expenses. Settlement was with owners of motel and radio station event sponsor. Defendants failed to provide adequate security by protecting guests and participants from harm.

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Nicholson Revell LLP
Augusta Georgia Injury Attorneys

Gateway Professional Center
4137 Columbia Road
Augusta, Georgia 30907