Case Results

Wrongful Death

Kimberly Boyd v. Wachovia Bank and Ingles — Kimberly Boyd was abducted from the Ingles-owned Sweetbriar Town Center Shopping Center in Kennesaw, Georgia. Whether Kimberly's abduction began inside her leased space after she completed some routine paperwork at 9:08 a.m. or as she was prepping a rental truck parked immediately in front of her leased space is uncertain; what is certain, however, is that Brian Clark came onto the Ingles-owned Sweetbriar Town Center Shopping Center property to abduct Kimberly and force her into her car parked in the Ingles lot. While Clark was hiding in the back seat with a gun to Kimberly's back, Kimberly was forced to go to a local Wachovia drive-thru ATM and withdraw money. After the withdrawal and while driving down North Cobb Parkway, Clark shot Kimberly in the back. There was a struggle and Clark took over operation of the vehicle. Clark later pulled in front of a cement truck as it approached a busy intersection and Kimberly was killed. Suit was brought against Ingles and Wachovia under several theories of liability as to each. A confidential settlement was reached prior to trial as a result of assisted mediation.

Callaway {for Beverly Watson, deceased} vs. James Watson – Plaintiff was appointed by the court to represent the children of Beverly Watson. Beverly was murdered by her husband, James Watson. A wrongful death suit was filed prior to Mr. Watson's being indicted and resulted in a confidential settlement in favor of the children. James Watson was later indicted, tried and convicted of first-degree murder.

Mangham v. Robbins – Plaintiffs, the parents of 42-year-old David Mangham, filed suit against William Edward Robbins III prior to Robbins being indicted, claiming that Robbins had murdered their son. The case resulted in a civil judgment against Robbins in the amount of $30 million. Defendant Robbins was subsequently indicted and found not guilty by a Clayton County, Georgia, jury.

Black v. Grogan, et al. – Daniel Black left a bar with his friend, Rodney Grogan. Both had been drinking and were, according to the plaintiffs, noticeably intoxicated. Shortly after leaving the bar, Grogan ran a red light and Black was killed in the crash. Plaintiffs brought suit against the bar and Grogan. After almost two years of litigation, the case against the bar was settled. [confidential settlement by agreement] The case against Grogan is still pending.

Assault

Filipovic v. HMI Property Solutions, Inc. – Dejan Filipovic lived in an apartment with his parents and brother. As Dejan and his brother went to get the mail at their Southern Pines Apartment Complex, several young thugs came from a dimly lit wooded area and attacked the pair. After Dejan was on the ground, he was beaten and kicked and ultimately lost vision in his left eye. A confidential resolution of the case was reached just before trial.

Sexual Assault

Mason v. Chateau Cmtys. Inc., 280 Ga. App. 106 (Ga. Ct. App. 2006) — In this premises liability case, the plaintiff was raped and assaulted in her mobile home by an unauthorized resident of the same mobile home park. The trial court granted summary judgment to the community, finding that it breached no duty owed to the plaintiff. On appeal, Isenberg & Hewitt secured a reversal of the judge's decision.

Sara Pruitt v. Chateau Communities et al. – Plaintiff was an 88-year-old woman living in a mobile home community. On two occasions, her mobile home was broken into and she was sexually assaulted. The owners/managers ignored her reporting of the initial incident as "the ramblings of a crazy old lady." After she was sexually assaulted a second time, local police convinced the mobile home park's owner/managers that the reported assaults did take place. Suit was filed against the owner/managers of the mobile home park prior to the arrest of the assailant. Due to her age and health, the victim would have been unable to attend or endure a trial and a settlement was reached without mediation. [confidential settlement by agreement]

"CC" a minor v. Hidden Hollow Apartments – The plaintiff, a 14-year-old cheerleader, had just returned from cheerleading practice and while walking between the buildings at her apartment complex, she was dragged into a vacant apartment and raped. Litigation efforts lasted almost three years and a structured settlement that will provide substantially for her needs over 10 years was reached prior to trial against the apartment complex and later an additional settlement was reached as to the security company providing security services to the complex. [confidential settlement by agreement]

"LJ" v. Ted Overton – The plaintiff, a 12-year-old, visited her "uncle Ted" at his home outside of Atlanta and at his hunting lodge in south Georgia. On three occasions, the defendant put his hands on and inside LJ's clothing and after fondling her warned her not to tell or she would be sorry. At trial, LJ was awarded $100,000. After trial, the judge indicated the amount to be fair to everyone because $100,000 was all the defendant had.

Giglio v. Perimeter Mall – Plaintiff was abducted from an upscale, Atlanta-area mall during the Christmas holiday season. After her abduction, the plaintiff was battered and sexually assaulted. The assailants were never located. Suit was filed against the mall for negligent security and the case settled immediately prior to trial. [confidential settlement by agreement]

Slip and Fall

Mazanova, et. al. v. A-1. Inc., et al. – Valentina Rumantzeva died as a result of a slip-and-fall in the parking lot at her doctor's office. The defendants, who were providing transportation under a contract with Medicaid, opened the car door and let her out where she had to cross an uneven parking area before she could get to the office doors. The defendants were negligent in that they failed to follow their own policies and procedures and should have walked the elderly patient to the office door. Judgment was obtained in the amount of $799,371.55.

Bassett v. Colonial Properties Trust – Elderly female client slipped and fell down stairs at Macon Mail and suffered extensive shoulder injuries. Case settled in mediation after suit was filed. [confidential settlement by agreement]

Brown v. Kroger, et al. – Plaintiff was a former professional basketball player and high school coach. Plaintiff slipped and fell on a foreign substance coming from cleaning equipment that was left unattended further down the aisle. The case settled after suit was filed. [confidential settlement by agreement]

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