John Chandler served as local counsel in a federal class action case in which a $17.5 million dollar settlement was obtained.
On September 15, 2013, the plaintiff, a machine operator and material handler at Unique Fabricating South in LaFayette, Georgia, suffered an amputation of his dominant left hand and part of his forearm, while operating a Bruno FH150 Press. Unique Fabricating manufactures parts for the automotive industry. The Bruno press was used to create pieces of acoustical material and die cut foam rubber, and was configured to cut a number of small pieces each time the press operated, like a large repetitive cookie cutter. The plaintiff, while reaching past the swing gate to get parts off the belt as usual, slipped, slightly losing his footing on the stool was required to use, causing his left hand to get caught in the pinch point under the dye as it was coming down again. He had been operating the press exactly as he was trained to do, in a safe and customary manner, but the press did not have any type of guard at the discharge side of the press.
After the incident, Unique Fabricating created and installed a guard which would have prevented the injury had it been in place on September 15, 2013. After a thorough investigation, suit was filed against Bruno Machinery Corporation in Walker State Court in 2015, contending that the press was defectively and dangerously designed and manufactured, and that a proper guard on the discharge side would have eliminated or greatly minimized the risk of injury to the operator. It was contended that the press was not merchantable and not reasonably suited to the use intended, and that Bruno, as manufacturer of the press, was strictly liable to the plaintiff pursuant to O.C.G.A. § 51-1-11, Potter v. Bruno Machinery Corp. Case 15 STCV 086. Unique Fabricating, as the plaintiff’s employer could not be sued for negligence, as workers compensation is the exclusive remedy against the employer under Georgia law. On September 6, 2018, a verdict totaling $5,366,855.99, on behalf of the plaintiff and his wife, was rendered and judgment has been entered accordingly against Bruno Machinery Corporation.
On September 7, 2012, in Hamilton County Circuit Court (Tennessee), a jury returned a verdict of $3,500,000 for Marcus Black, who sustained a severe head injury when his motorcycle struck the rear of the vehicle ahead of him on one of the bridges in Chattanooga. The chain reaction was triggered by a texting driver in the traffic ahead of Mr. Black. The texting driver drove off, so her identity was unknown and she was never located. Suit was filed against Mr. Black’s uninsured motorist insurer. Eyewitnesses testified concerning the actions of the unidentified Jane Doe driver, and the jury found Jane Doe 75% at fault for the wreck, while allocating 25% fault to Mr. Black. Damages were reduced to $2,625,000 under Tennessee’s comparative fault rules and judgment was entered accordingly.
Mr. Black was represented by Patrick Cruise, who achieved an outstanding result for Mr. Black, while increasing public awareness of the dangers posed by texting while driving.
Our client seriously injured when a tractor trailer pulled out in front of him, causing a violent collision.
Our client was in his car when a commercial motor vehicle caused a 3 car collision, resulting in serious injuries to our client.
$1.5 million settlement on truck wreck case. Patrick Cruise lead counsel.
In a tragic case, our client was working on a roof at a restaurant when he stepped on a blue tarp. Unknown to our client, the tarp covered an opening between two buildings. Our client fell to the ground and sustained a traumatic brain injury. The owner of the building sought to blame our client, and asserted comparative fault. The case was resolved before trial for $1.5 million. John Chandler represented the Plaintiff.
A young machine operator and material handler at a North Georgia manufacturing plant suffered a below the elbow amputation to his left arm in an industrial accident involving a press in 2013. The case was accepted as catastrophic. After projecting future medical needs, and obtaining CMS approval for a Medicare Set-Aside, which included prosthetic maintenance and replacement, the case settled for a present cash value total of $1,428,526.00. The settlement includes an annuity for future medical expense to fund the MSA account with a lifetime payout totaling $2,141,349.00. Hubert Hamilton served as counsel for the injured worker.
