Representative Cases

1. Representative Personal Injury cases on behalf of Plaintiffs handled by the Partners of McGahren, Gaskill & York, LLC:
• Negligent security claim for damages resulting from a serious arm injury sustained to a male plaintiff from the explosion that occurred during the 1996 Summer Olympics; after being heard by the Supreme Court of Georgia, the case was resolved under a confidential settlement agreement;
• Wrongful death claim for a woman who passed away after several weeks in the ICU at Grady Hospital from injuries sustained when she fell from a second story porch when a rusted railing collapsed at an apartment complex; case settled for a confidential amount before trial;
• Wrongful death claim brought by two teenage boys on behalf of their father who died in a fire that started in an apartment he had just rented but which did not have a working smoke detector; case settled for confidential amount after mediation;
• Product liability claim of a Georgia Rock & Roll Hall of Fame musician who sustained a serious injury to his left elbow after having been struck by a retractable tape crowd control device while at the airport. Musician was no longer able to play the drums; case settled for a confidential amount after having been heard by the Georgia Court of Appeals;
• Negligence claims against Health Maintenance Organization (HMO) and its agents for misdiagnoses resulting in adult female becoming comatose for several weeks; case settled for a confidential amount after being reviewed by the Georgia Court of Appeals;
• Premises liability claim of an elderly woman who severely fractured her ankle (5 pins inserted) when she fell at a restaurant due to hazardous conditions; case tried to verdict in 2007 with a damages award of $250,000.00;
• Negligence claim against major chain fast food restaurant where patron swallowed sharp plastic foreign object, believed to be from a restaurant ladle, and severely injured her throat;  case settled following mediation;
• Negligence claim resulting in soft tissue injuries against owner of motor vehicle that was negligently entrusted to unlicensed intoxicated driver, who caused a rear-end automobile collision; tried to verdict in 2009 for $165,000;
• Product Liability claim on behalf of hydraulic repair technician against front end loader manufacturer; injuries included crushed arm; case settled confidentially with manufacturer prior to trial;
• Product Liability action against manufacturer of road grooving equipment on behalf of road crew member who lost his leg; matter settled confidentially after jury trial verdict;
• Federal Railroad Safety Act and State Law negligence claim brought by one of several teenagers severely injured when their car was struck by a train at a railroad crossing; case settled prior to trial;
• Federal Railroad Safety Act and State Law negligence claim on behalf of elderly lady who suffered spinal injuries in a railroad crossing collision when her car stalled on the tracks; case settled confidentially prior to trial;
• Negligence claim on behalf of pregnant female driver of a SUV in a collision where adverse intoxicated driver ran a stop sign and fetus did not survive;  civil case settled without litigation, however, criminal case was brought against drunk driver by the State of Georgia for infanticide;
• Negligence claim involving multiple hand surgeries against major big box home supply chain store, where customer tripped and fell over a ladder, negligently placed by employee; case mediated and settled confidentially;
• Trucking case with spinal injuries against common carrier negligently operating 18 wheeler, caused by rear end collision at an intersection; case settled confidentially;
• Automobile accident claim on behalf of female plaintiff resulting in facial scarring and disfigurement; case settled prior to trial;
• Automobile failure to yield case resulting in severe neck injuries to young female, multiple level anterior discectomy surgery, settled in excess of $190,000 in late 2009;
• Premises liability claim against major hotel chain owner, when mother slipped and fell on slick, moldy sidewalk surface at entrance of hotel; Claimant underwent shoulder and elbow surgery and suffered severe migraines; case settled confidentially;
• Negligence case against national common carrier truck operator/owner on behalf of a forklift operator, where bottom of truck collapsed and operator severely injured her knee, requiring surgery; case settled confidentially prior to trial. 

Our largest settlements and results have been obtained confidentially.   Results will vary on a case by case basis as past results are not indicative of future results. 

 

2. Representative Personal Injury Cases on behalf of Defendants handled by Partners of McGahren, Gaskill & York, LLC:
• Defended assault and battery and intentional infliction of emotional distress claim against Christian University and minister brought by student; case returned a jury trial verdict of zero dollars;  
• Defended SUV single vehicle rollover product liability case involving wrongful death and dismemberment, with multiple foreign defendants; litigated and settled confidentially prior to trial; we have handled a number of similar seat belt and airbag defense matters;
• Defended premises liability claim concerning major seafood chain restaurant where waitress allegedly negligently dropped coffee pot on patron; case tried to verdict in Federal Court and then confidentially settled in Court; 
• Defended product liability case involving allegations of defective seat belts where claimant suffered ruptured breast implant; case disposed of on summary judgment;
• Defended product liability defense case with allegations of airbag and seat belt restraint system defects, involving rollover and decapitation of Plaintiff while she was driving to church; dismissal obtained for component manufacturer client;   
• Defended toxic tort claim involving major pest control company in matter with allegations of poisoning from chemical overexposure; settled at mediation for confidential amount;
• Defended medical malpractice claim involving allegations of poor outcome from breast implant surgery, tried to verdict and then settled confidentially; 
• Defended medical malpractice claim involving significant adverse outcome from carotid endarterectomy surgery, tried to defense verdict; 
• Defense of physician surgeon in a retained sponge case, with jury trial in Fulton County resulting in defense verdict for client;
• Defended State of Georgia, where Partner was appointed as Special Assistant Attorney General, in a publicized toxic tort case where an employee claimed chemical exposure from insulation in attic of state facility;  case mediated and settled prior to trial; 
• Defended foreign component product manufacturer in wrongful death, product liability suit brought by estate of woman and her fetus with allegations of restraint system defect; obtained dismissal of case with confidential settlement prior to trial;   
• Defended owner of child care facility for the wrongful death of child left in van in parking lot of church, case received national attention and publicity; case settled confidentially.