My legal practice has spanned decades. Davis, Zipperman, Kirschenbaum & Lotito was founded in Atlanta in 1984. The Georgia verdicts and settlements below are representative of the type legal work I do, on behalf of the plaintiff:
Richards v. XYZ Trucking and Freight Company, a confidential $3.65 million settlement, July 2012. A family’s vehicle was rear ended by a fatigued tractor trailer driver on the interstate resulting in the death of a 21-year-old student.- Dijon v. Dr. X. A confidential $3,000,000 settlement was reached following a mistake involving abdominal surgery.
- Adwater v. Hospital X and Drs. Y and Z, a confidential $7 million medical malpractice settlement; 48 year old man blinded and severely brain injured as a result of anesthesia negligence.
- Havens v. Gwinnett County and Madden, $6.9 million dollar settlement; Madden vehicle stopped in wrong reversible lane to make turn. Gwinnett ambulance swerved into oncoming traffic to avoid collision striking vehicle in which 9 year old boy was a back seat passenger rendering him quadriplegic.
- Marshall v. Kaiser Permanente and Dr. Elizabeth Kurczynski,$4.5 million settlement in DeKalb County after four (4) weeks of trial; misdiagnosed bacterial meningitis resulting in brain damage of an infant.
- Russell v. Dr. X and XYZ Rehabilitation Hospital,
confidential $3.75 million dollar settlement of medical malpractice case; 68 year old man was an inpatient at rehab hospital which failed to diagnose an epidural abcess rendering him paraplegic. - Jim and Elaine vs. Driver X and xyz Engineering Company, serious orthopedic injuries including 24 fractures, truck driver negligence, $3.4 million confidential settlement.
- Joe v. Dr. X and XYZ Hospital, abdominal infection following laproscopic hernia repair, $3.1 million settlement.
- Scott, Brandi and Nathan —– v. daycare, two hospitals and three doctors, $3 million confidential settlement; Child inhaled a bean during a daycare crafts project. Parents took the child to three hospitals and two pediatricians, but, despite alarming chest x-rays, the child did not receive a prompt broncoscopy to remove the bean. Child suffered cardiac arrest, blindness, quadriplegia, and hypoxic ischemic encephalopathy. Gross negligence standard had to be overcome as to the emergency medicine doctor. Settlement against the four defendants totaled $3 million dollars.
- Tetreault v. PruCare, Royce Williams, M.D. and Richard Bernstein, M.D., $3 million settlement; misdiagnosed case of pernicious anemia resulting in paraplegia.
- Vargas v. XYZ construction company, $2 million confidential settlement, fall on construction through unguarded hole on concrete slab for HVAC equipment.
- Mitchell vs. State of Ga. Dept. of Human Resources, $1.5 million verdict; Thomas County, 18 year old male seriously injured (eviscerated) while performing community service.
- Perez v. Parker Brothers Oil, $1.4 million settlement; death of a 23 year old unmarried male as a result of trucking negligence.
- Tack v. Spillane, et al., $1.3 million settlement; traumatic brain injury of steel worker resulting from collapse of structural steel of high school gymnasium.
- Richins v. LDS Church Foster Care Agency, $1.2 million verdict; for a child who was beaten into a coma, injured while in a foster care home. At the time, the verdict was the highest in DeKalb County and is believed to be the only case the Mormon Church, represented by its Utah attorneys, has ever lost.
- Wrongful death – Norwood vs. XYZ Trucking Company, confidential $1.2 million dollar settlement, Neshoba County Philadelphia Miss. 63 year old retired wife and grandmother killed by garbage truck on which ABS brake system had been intentionally disabled. Truck skidded on wet road rear ending plaintiffs’ decedent. Miss. tort reform statute limits recovery for noneconomic damages to 1 million dollars.
- Dailey v. XYZ Trucking Company, Federal Court, Northern District of Indiana. Trucker reached down to grab a soft drink, took his eyes off the road, and rear ended vehicle in which client was a passenger. Her injuries required a lumbar laminectomy and fusion. Case was settled for $1,000,000.
- Wrongful death – Lynn Pachel v. XYZ Company, confidential settlement $1,000,00 policy limit settlement. Client was T-boned at an intersection by a defendant who ignored a stop sign. Client sustained a severe ankle fracture. Two weeks later client died when a pulmonary embolism traveled to her lung. The pathologist stated that the blood clot was precipitated by the fracture caused by the car and truck collision.
- Richard Garrett v. Dr. X and XYZ medical group, confidential settlement $950,000 hemiparesis following PLDD, laser disc surgery.
- Ms. X v. Bus Company, confidential wrongful death settlement $940,000. A single mother was killed when a party bus backed into her lane of travel. The 8 passengers on the party bus who were injured split the remaining $60,000 of the $1 million dollar insurance policy.
- Blalock v. Corporation X, a confidential settlement; mild brain injury to ten year old girl struck by truck on her bicycle, $850,000.
- Jones v. Dr. X, a confidential $850,000 settlement; an 89 year old woman with a pacemaker was placed in an MRI machine and suffered cardiac arrest.
- Hopkins v. Hudgins, $800,000 settlement in Fulton County; man knocked off loading dock by rolled steel door resulting in a traumatic brain injury.
- Tillman v. Howard Ray Construction, $800,000 settlement of traumatic brain injury; young man hit in the head with flying construction debris.
- Standifer, deceased, et al. v. Dr. Y, M.D., $750,000 confidential settlement in Bibb County; death of a 45 year old unmarried man from allergic reaction to gout medication.
- Giradot v. Dr. X, M.D., et. al., $750,000 settlement; death of an 88 year old following heart surgery, confidential settlement.
- Tom King v. confidential defendant and UIM carrier, $500,000 settlement (UIM policy limits); mild traumatic brain injury (plaintiff’s third) and vertigo.
