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Вміст надано The Great Trials Podcast. Весь вміст подкастів, включаючи епізоди, графіку та описи подкастів, завантажується та надається безпосередньо компанією The Great Trials Podcast або його партнером по платформі подкастів. Якщо ви вважаєте, що хтось використовує ваш захищений авторським правом твір без вашого дозволу, ви можете виконати процедуру, описану тут https://uk.player.fm/legal.
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GTP CLASSIC: Chris Hamilton | Crisp v. The McDonald's Corporation; McDonald's USA, LLC; and McDonald's Restaurants of Texas, Inc. | $27 million

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Manage episode 429175302 series 2843170
Вміст надано The Great Trials Podcast. Весь вміст подкастів, включаючи епізоди, графіку та описи подкастів, завантажується та надається безпосередньо компанією The Great Trials Podcast або його партнером по платформі подкастів. Якщо ви вважаєте, що хтось використовує ваш захищений авторським правом твір без вашого дозволу, ви можете виконати процедуру, описану тут https://uk.player.fm/legal.

This week, we’re replaying a classic episode where Steve and Yvonne interview Chris Hamilton of Hamilton Wingo LLP (https://hamiltonwingo.com/).

Rate and review GTP on iTunes: Click Here to Rate and Review.

View/Download Trial Documents

Case Details:

Discussing a landmark premises liability case, trial lawyer and Hamilton Wingo LLP partner Chris Hamilton explains how he held McDonald's responsible for ongoing lack of security and secured justice for the families of Texas A&M college students Denton Ward and Lauren Crisp, who died following a late-night trip to a McDonald's in College Station, Texas. In February 2012, Denton Ward and Lauren Crisp, along with Samantha Bean and another friend, went to McDonald's, where Denton Ward was violently assaulted by Marcus Jones and a mob of other attackers. Lauren Crisp and Samantha Bean carried a bleeding Denton Ward to his SUV in an attempt to get him to the hospital. The driver, Samantha Bean, ran a red light and collided with another car. Denton Ward was killed and Lauren Crisp, who was unrestrained and tending to Denton Ward's injuries, was also killed. Despite the defense's attempts to shift focus away from McDonald's ongoing lack of concern for customer safety at a restaurant location with a history of late-night violence and to blame Samantha Bean for reckless driving, a Brazos County, Texas jury assigned 97 percent of the responsibility to McDonald's and returned a verdict of $27,000,000 in damages.

Guest Bio:

Chris Hamilton

Chris Hamilton has established himself as one of the leading high-stakes trial lawyers in the United States. Hamilton has a recent track record of verdicts and settlements that are setting the mark in both the personal injury arena and in complex business disputes. For example, Hamilton was recently featured in Courtroom View Network’s (CVN) list of Most Impressive Trials of 2019. In 2014, Hamilton was recognized by the Dallas Business Journal as having the largest jury verdict in Texas for a personal injury case and the 17th largest jury verdict in the United States. In 2016, Hamilton was recognized by Top Verdict as having the ninth-largest personal injury verdict in Texas. Hamilton was recognized in 2011 by Verdict Search as having one of the top 10 verdicts in Texas and top 100 verdicts in the United States. Hamilton was selected as one of the Best Lawyers in America for 2019, the Lawdragon 500 Leading Lawyers in America for 2020, and is a member of the prestigious American Board of Trial Advocates (ABOTA).

Read Full Bio

Show Sponsors:

Legal Technology Services - LegalTechService.com

Digital Law Marketing - DigitalLawMarketing.com

Harris Lowry Manton LLP - hlmlawfirm.com

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

  continue reading

270 епізодів

Artwork
iconПоширити
 
Manage episode 429175302 series 2843170
Вміст надано The Great Trials Podcast. Весь вміст подкастів, включаючи епізоди, графіку та описи подкастів, завантажується та надається безпосередньо компанією The Great Trials Podcast або його партнером по платформі подкастів. Якщо ви вважаєте, що хтось використовує ваш захищений авторським правом твір без вашого дозволу, ви можете виконати процедуру, описану тут https://uk.player.fm/legal.

This week, we’re replaying a classic episode where Steve and Yvonne interview Chris Hamilton of Hamilton Wingo LLP (https://hamiltonwingo.com/).

Rate and review GTP on iTunes: Click Here to Rate and Review.

View/Download Trial Documents

Case Details:

Discussing a landmark premises liability case, trial lawyer and Hamilton Wingo LLP partner Chris Hamilton explains how he held McDonald's responsible for ongoing lack of security and secured justice for the families of Texas A&M college students Denton Ward and Lauren Crisp, who died following a late-night trip to a McDonald's in College Station, Texas. In February 2012, Denton Ward and Lauren Crisp, along with Samantha Bean and another friend, went to McDonald's, where Denton Ward was violently assaulted by Marcus Jones and a mob of other attackers. Lauren Crisp and Samantha Bean carried a bleeding Denton Ward to his SUV in an attempt to get him to the hospital. The driver, Samantha Bean, ran a red light and collided with another car. Denton Ward was killed and Lauren Crisp, who was unrestrained and tending to Denton Ward's injuries, was also killed. Despite the defense's attempts to shift focus away from McDonald's ongoing lack of concern for customer safety at a restaurant location with a history of late-night violence and to blame Samantha Bean for reckless driving, a Brazos County, Texas jury assigned 97 percent of the responsibility to McDonald's and returned a verdict of $27,000,000 in damages.

Guest Bio:

Chris Hamilton

Chris Hamilton has established himself as one of the leading high-stakes trial lawyers in the United States. Hamilton has a recent track record of verdicts and settlements that are setting the mark in both the personal injury arena and in complex business disputes. For example, Hamilton was recently featured in Courtroom View Network’s (CVN) list of Most Impressive Trials of 2019. In 2014, Hamilton was recognized by the Dallas Business Journal as having the largest jury verdict in Texas for a personal injury case and the 17th largest jury verdict in the United States. In 2016, Hamilton was recognized by Top Verdict as having the ninth-largest personal injury verdict in Texas. Hamilton was recognized in 2011 by Verdict Search as having one of the top 10 verdicts in Texas and top 100 verdicts in the United States. Hamilton was selected as one of the Best Lawyers in America for 2019, the Lawdragon 500 Leading Lawyers in America for 2020, and is a member of the prestigious American Board of Trial Advocates (ABOTA).

Read Full Bio

Show Sponsors:

Legal Technology Services - LegalTechService.com

Digital Law Marketing - DigitalLawMarketing.com

Harris Lowry Manton LLP - hlmlawfirm.com

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

  continue reading

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In this episode of The Great Trials Podcast , hosts Steve Lowry and Yvonne Godfrey discuss the case of Robert and Virginia Rymers vs. CPS Energy with trial lawyers Mike Lyons and Chris Simmons of Lyons & Simmons . Remember to rate and review GTP on Apple Podcasts, Spotify or your favorite platform. --- Case Details: The case involves a devastating natural gas explosion in a San Antonio home that resulted in severe burn injuries to Robert and Virginia Rymers. The gas lines had not been properly maintained or inspected by CPS Energy. The defense argued it was not a natural gas explosion, positing alternative theories. However, the jury sided with the plaintiffs, resulting in a $109.5 million verdict. (Source) --- Guest Bios: Michael Lyons Michael Lyons is one of the founding partners of Lyons & Simmons and concentrates his practice on representing plaintiffs in catastrophic personal injury and wrongful death cases as well as “bet the company” complex business disputes. Lyons has a national reputation for achieving outstanding results for his clients by displaying a mastery of the facts and law while utilizing creativity, tenacity, and cutting-edge technology. Over the past 25+ years of practice, Lyons has tried cases to juries, judges, and arbitrators throughout the state of Texas and all over the country. In the process, Lyons has obtained verdicts, awards, and settlements totaling over a billion dollars on behalf of his clients—many involving high profile, high exposure matters. Lyons has extensive trial experience in cases involving catastrophic personal injuries, wrongful death, and product liability. Lyons’ cases are as diverse and extensive as his approach to his cases. He has handled cases involving: brain and spinal cord injuries, electrocutions, aviation disasters involving helicopters and airplanes, trucking accidents, construction site accidents, industrial accidents, motor vehicle products liability, pharmaceutical, and medical device products liability, large business disputes involving breach of contract, fraud, and breach of fiduciary duties, medical malpractice, high profile contract disputes involving college football coaches and celebrities, and fire and explosion cases. Read Full Bio --- Guest Bios: Christopher Simmons Chris Simmons is one of the founding partners of Lyons & Simmons. He focuses his practice on representing plaintiffs in catastrophic personal injury and wrongful death cases. He has developed a reputation as a highly-skilled warrior who combines a tireless work ethic with a creative and innovative approach to achieve results for the people that matter most—his clients. Simmons treats his clients’ problems as his own. Simmons wants his clients to know that he will stand up for them against their opponents. Anytime. Anywhere. Simmons is a firm believer that results speak louder than words and with that mindset he pursues justice for his clients. His pursuit of justice has resulted in him trying cases to verdict throughout the state of Texas and obtaining multimillion-dollar results for his clients in states across the country. Simmons, along with firm Co-Founder Michael Lyons, has assembled a team of lawyers that has been consistently recognized as leaders in their field. Simmons and his team have recovered hundreds of millions of dollars in judgments, awards, and settlements on behalf of their clients. Read Full Bio --- LINKS FROM THE EPISODE: Lyons & Simmons on Facebook Lyons & Simmons on LinkedIn Lyons & Simmons on Instagram --- Check out previous episodes and meet the GTP Team: Great Trials Podcast --- Show Sponsors: Legal Technology Services Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production…
 
In this episode of the Great Trials Podcast, Steve Lowry hosts Kimball Jones and Joshua Berrett, partners at Bighorn Law , to discuss a recent landmark case in Clark County, Nevada. The case involved their client, Timothy Kuhn, who suffered severe injuries, including a traumatic brain injury, after being rear-ended. Remember to rate and review GTP on Apple Podcasts Case Details: A Nevada state court jury slammed USAA with a $100 million punitive damages verdict in a bad faith lawsuit over the insurance giant's delays in paying out a claim for a zero-fault insured driver involved in a rear-end collision. The Clark County jury awarded the $100 million, in addition to $14 million in compensatory damages, over USAA's actions following a 2018 collision involving plaintiff Timothy Kuhn. USAA determined Kuhn was not at fault after being rear-ended in stationary highway traffic, but when Kuhn sued the driver who hit him to collect damages related to a concussion USAA intervened and argued Kuhn was responsible for the crash. Despite clear fault and significant medical expenses, USAA Casualty Insurance Company failed to reasonably handle his underinsured motorist claim, resulting in prolonged litigation. Jones and Berrett elaborate on the trial strategy, highlighting issues of insurance bad faith and the impressive jury verdict of $7 million in compensatory and $100 million in punitive damages against USAA. (Source) Guest Bios: Kimball Jones Kimball Jones is a partner at Bighorn Law, where he serves as both a trial lawyer and a dedicated advocate for individuals. His legal practice is centered on representing everyday people, often in cases against major corporations and insurance companies. Kimball graduated magna cum laude with a bachelor’s degree from BYU-Idaho in 2005. While earning his degree Kimball started the Pre-Law Society, interned for a U.S. senator, and served as the university’s student body president, all while holding a job to pay for school. Kimball went on to graduate from BYU Law School in 2008, where he was awarded a Dean’s Scholarship for academic merit each year. Professionally, Kimball has been recognized as a Top Rated Personal Injury Attorney, winning several historic verdicts for his clients, including a recent $550 million dollar verdict, which is the largest verdict for a single plaintiff in Nevada history. Outside of his legal career, Kimball has proudly served in the U.S. Army, both on active duty and as a reservist. He is deeply committed to community service and cherishes his role as a family man. Kimball and his wife, Ashley, recently celebrated 21 years of marriage and are the proud parents of four amazing children. Read Full Bio Joshua Berrett Joshua Berrett focuses his practice on personal injury litigation. He is licensed to practice law in Nevada and Utah. After graduating with a Bachelor of Arts degree in History, Joshua attended law school at the J. Reuben Clark Law School at Brigham Young University. While in law school, Joshua served as the president of the Real Estate Law Society and the lead editor of the school’s International Law and Management Review. Prior to joining Bighorn Law, Joshua worked for a large, national law firm that focused on creditors’ rights litigation. During this time, Joshua ran the firm’s Nevada and Utah offices. Joshua has experienced first-hand the damage and suffering that can occur as the result of even a minor car crash. He takes this experience and passion and puts it to work every day as he fights vigorously for each one of his clients. Read Full Bio Links: Facebook: Bighorn Law AND Kimball Jones Law LinkedIn: Bighorn Law Instagram: Bighorn Law AND Kimball Jones Check out previous episodes and meet the GTP Team: Great Trials Podcast Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production…
 
In this episode of the Great Trials Podcast, host Steve Lowry interviews trial lawyers Brian Brown and E.J. Hammann from Brown and Baron in Baltimore, Maryland. They discuss a complex case involving the tragic death of 83-year-old Helen Hansford at Largo Nursing and Rehabilitation Center. The episode highlights their strategic legal maneuvers, including the successful exclusion of the defense's medical expert, and the compelling testimony that led to an $8.5 million verdict for Hansford’s estate --- Case Details: In June 2020, when Helen first came to Largo Nursing & Rehabilitation Center in Prince George’s County, she weighed 112 pounds. She had previously been hospitalized after a bad fall, so she needed around-the-clock care. Upon admission, it was noted that she was at risk for falls, pressure injuries (bed sores), malnutrition, and “failing to thrive” (unsafe weight loss and related complications). By October, Helen’s weight was reported to be around 95 pounds. Months later, in January 2021, her weight had plummeted to just 81 pounds, which is about 72% of what it was before. Amid Helen’s weight loss crisis, Largo staff failed to put her back on the blood thinner medication that she needed after a surgery related to her fall. In February 2021, a blood clot went to her lungs and brain, causing her to pass away. --- Guest Bios: E.J. Hammann E.J. Hammann is a Partner and Trial Attorney at Brown & Barron. In her second year with the firm, E.J. was trial counsel in two cases obtaining $8 Million Plaintiffs’ verdicts (one for $8.5 Million and one for $8.3 Million). She has over 20 years’ experience working almost exclusively on medical malpractice cases. Her time defending doctors and hospital facilities, as well as knowledge gained working for medical malpractice insurance carriers, brings a depth of insight that benefits individuals who have been injured. As an experienced trial attorney, E.J. is committed to helping clients who face serious complications due to medical negligence or nursing home abuse. Read Full Bio Brian Brown Brian S. Brown, one of the firm’s founding partners, as well as its Managing Member, has over thirty years of experience as a trial lawyer and focuses his practice on litigating nursing home abuse and medical malpractice cases. Brian has tried well over 100 tort cases and has obtained multiple multi-million dollar verdicts. Over his career, he has recovered more than $175 million for his clients, through both trial and settlement. In addition to his trial experience, Brian has extensive appellate experience, having appeared before the Maryland Court of Appeals twelve times, and the Court of Special Appeals more than fifty times. He is admitted to practice in Maryland and the District of Columbia, as well as in the 4th Circuit Court of Appeals. Brian is currently a member of the Maryland Association for Justice (MAJ) and the American Association for Justice (AAJ). Brian has presented on legal topics in a variety of settings, including for the Inn of Court, and over ten times for HB Litigation Conferences. He has also presented to the entire bench of the Circuit Court of Baltimore City regarding the evolving law of expert testimony in Maryland. Read Full Bio Links: Facebook: Brown & Barron, LLC LinkedIn: Brown & Barron, LLC ; @Brian Brown ; @Emily Hammann Instagram: Brown.BarronLLC Check out previous episodes and meet the GTP Team: Great Trials Podcast Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production…
 
In this episode of The Great Trials Podcast , hosts Steve Lowery and Yvonne Godfrey welcome guests Tara Sutton and Philip Seiff from Robbins Kaplan LLP . The discussion centers on the significant legal case, McDougal vs. CRC Industries , which resulted in a $7.75 million verdict (later over $10.5 million after post-judgment adjustments). Remember to rate and review GTP on Apple Podcasts: Click Here to Rate and Review Case Details: The Robins Kaplan trial team secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dust remover products. This is believed to be the first known case against a dust remover manufacturer that has been tried to a plaintiff verdict. The litigation stemmed from a tragic vehicle crash in 2019 where the client’s wife was killed after her car was struck by a driver who was impaired from huffing CRC Duster. Inhaling this product can cause dramatic impairment effects from the chemical used as a propellant. The case focused on the well-known abuse of aerosol dust remover products, such as CRC Duster, and CRC Industries’ responsibility for the foreseeable consequences of their products' misuse. (Source) Guest Bio: Tara Sutton Tara Sutton, chair of Robins Kaplan’s National Mass Tort Group, has built a distinguished career in mass tort litigation and is renowned for her dedicated, unyielding commitment to justice. Her career has been marked by steadfast advocacy, and an unrelenting pursuit for accountability over corporate misconduct. Tara stands out as the embodiment of legal excellence representing individuals, governments, and Tribal Nations harmed by defective products or corporate negligence. Her legal acumen and tenacity is evident as she navigates the complex landscape of mass torts — including cases involving defective products, dangerous pharmaceutical drugs, and faulty medical devices. Read Full Bio Philip Sieff Trial lawyer Phil Sieff battles for justice when wrongdoers cause serious injury or death. Intense and relentless, he helps clients find the courage they need to face those who have hurt them. He has significant experience representing families coping with the wrongful death of a loved one, particularly a child, having handled hundreds of wrongful death cases. He has particular experience in complex and high-profile cases, including: the I-35W Bridge Collapse (lead co-counsel of I-35W Consortium, a group of 17 law firms that provided legal services to over 100 collapse victims); the Red Lake High School Shooting; and the Holidazzle Parade Disaster. Read Full Bio Links: Robins Kaplan on Facebook Tara Sutton on LinkedIn Philip Sieff on LinkedIn Robins Kaplan on X Check out previous episodes and meet the GTP Team: Great Trials Podcast Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
GTP host Steve Lowery is leading the conservation today with special guest Maxey Scherr, the founder of Scherr Law Firm in El Paso, Texas. They explore the complexities of an extraordinary case, Mendoza vs. Titan Transportation , where Maxey secured a verdict of over $16 million for her client, Ruben Ivan Mendoza. Remember to rate and review GTP on Apple Podcasts: Click Here to Rate and Review Case Details: The case revolved around a severe truck crash in Dallas County, Texas, where Ruben Mendoza, the driver of a pickup truck leased by Titan Transportation, was rear-ended by a truck owned by DSX Transportation. Despite the defense's attempts to frame Mendoza as an independent contractor, Maxey successfully proved that he was an employee in the course and scope of his employment, showcasing Titan's negligence in his lack of training and safety protocols. Scherr Law Firm secures an $11,005,000 settlement with three of four defendants named in a lawsuit and obtains a $16,857,276 verdict against the fourth remaining defendant in their second trial. (Source) Guest Bio: Maxey Scherr Maxey Scherr founded Scherr Law Firm in 2022. She has litigated over 40 jury trials resulting in multi-figure verdicts across the board. Her areas of expertise include trucking accidents, wrongful death claims, traumatic brain injuries, and catastrophic injuries. Ms. Scherr is a member of various boards and organizations and currently serves as the Co-Chair of the Women's Caucus and Board of Regents member with the ATAA, is on the Texas State Bar Committee on the Administration of the Rules of Evidence, is a member of the American Association for Justice and sits on the Women's Rights Commission for the City of El Paso. Through the years, Ms. Scherr's efforts have garnered many accolades. Most notably, Ms. Scherr is a "Super Lawyer," a "Top Ten Attorney," receives numerous "Litigator Awards" and has various National Law Journal Top 100 Verdicts. Ms. Scherr is licensed in Texas, New Mexico and Illinois and graduated from Texas Tech School of Law. She received her bachelor's degree in Psychology from the University of Massachusetts-Boston with magna cum laude honors and undertook postgraduate work in Neuroscience at Harvard University. Read Full Bio Links: Scherr Law Firm on Facebook: Scherr Law Firm Scherr Law Firm on LinkedIn: Scherr Law Firm Contact Scherr Law Firm: Scherr Law Firm Check out previous episodes and meet the GTP Team: Great Trials Podcast Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
GTP hosts Steve Lowery and Yvonne Godfrey delve into the riveting case of Donald Clark vs. the State of Iowa with guest Mel Orchard from the Spence Law Firm . They explore the wrongful conviction of Donald Clark, a school counselor accused of sexual assault in 2009, and the subsequent legal malpractice case against his public defender for inadequate representation. The discussion highlights the significant emotional and physical toll on Clark during his six and a half years in prison, the courtroom strategies employed, and the eventual $12 million verdict for emotional distress. Remember to rate and review GTP in iTunes: Click Here to Rate and Review Case Details: The case revolves around a legal malpractice action against a state public defender, who represented a client convicted of sexual abuse. The client, Donald Lyle Clark, was convicted and sentenced to prison. The conviction was affirmed on appeal. However, in postconviction proceedings, the court determined that Clark's defense counsel had provided ineffective assistance and ordered a new trial. The state declined to prosecute, and Clark filed a civil action for legal malpractice against the state as the lawyer’s employer. The district court granted partial summary judgment, holding that the finding of ineffective assistance in the postconviction proceedings established counsel’s negligence as a matter of law. The jury found the lawyer negligent and awarded Clark $12 million in emotional distress damages. The Supreme Court of Iowa reversed the judgment for emotional distress damages. The court clarified that to recover emotional distress damages for legal malpractice, the plaintiff must prove more than negligence. The court held that the plaintiff must prove by a preponderance of clear, convincing, and satisfactory evidence that the criminal defense attorney acted with willful and wanton disregard for the client’s rights or safety. The court concluded that the district court erred by instructing the jury that negligence was sufficient. The case was remanded for further proceedings consistent with this opinion. (Source) Guest Bio: Mel Orchard Mel Orchard is a trial lawyer, trying cases in the courtrooms across America, for the past 27 years. Mel has litigated and/or tried hundreds of cases in his career and has recovered hundreds of millions of dollars in settlement and verdicts for his clients. During his trial career, Mel has been a part of record-breaking civil jury verdicts in various jurisdictions (Wyoming, Arizona, and Iowa). He has also devoted significant time to pro bono work through Lawyers and Advocates for Wyoming, and many local and national charities. In addition to preparing for trial or being in trial, Mel was a senior faculty member and board member at the Trial Lawyer's College in Wyoming and was recently selected to join the Board. Mel also lectures and presents to various legal organizations throughout the country including Bar Associations, Leadership Organizations and has taught Judicial Ethics to various groups of judges. He was Chairman for the Wyoming Commission for Judicial Conduct and Ethics where he served as a member for six years after appointment. Read Full Bio Links: The Spence Law Firm on Facebook: Spence Law Firm Check out previous episodes and meet the GTP Team: Great Trials Podcast Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
After a short hiatus, the Great Trials team is back in action! This week, Steve and Yvonne interview Jake Plattenberger and Alan Holcomb of TorHoerman Law about the high-stakes legal battle, Margo Gill vs. Abbott Laboratories. The case revolves around a $495 million verdict awarded to Margo Gill, representing her daughter Robynn Davis, who suffered catastrophic injuries from necrotizing enterocolitis (NEC) after being fed Similac Special Care 24 formula by Abbott Labs. Remember to rate and review GTP in iTunes: Click Here to Rate and Review Case Details: Margo Gill’s premature infant daughter, Robynn Davis, was born on August 26, 2021, at SSM St. Mary’s Hospital in St. Louis, Missouri. Shortly after birth, doctors transferred Robynn to Cardinal Glennon Children’s Hospital, where she was fed Similac cow’s milk-based formula, manufactured by Abbott Laboratories. After consuming these products, Robynn developed necrotizing enterocolitis (NEC), a life-threatening gastrointestinal disease that primarily affects premature infants. As a result of NEC, Robynn required extensive surgery and now faces long-term health complications. The complaint alleged that Abbott Laboratories, along with sales representatives Matthew McClure and Tara Todd, aggressively marketed their cow’s milk-based formula as safe for premature infants, despite being aware that it significantly increased the risk of NEC. It also claims Abbott failed to provide adequate warnings about the risks of NEC. Additionally, Abbott falsely promoted their formula as essential for the growth and development of preterm infants. (Source) Guest Bios: Jake Plattenberger Since joining TorHoerman Law in 2009, Jacob Plattenberger has taken hundreds of depositions, argued in countless hearings, and tried over thirty-five (35) cases to a jury. His experience in and out of the courtroom has made him a passionate advocate for those injured due to the negligence of others. Jake started his career trying cases at one of the busiest civil courthouses in the country – the Richard J. Daley Center in downtown Chicago. He started out doing insurance defense because he knew that afforded him the best opportunity to get courtroom experience. “When I was working on the defense side, I always knew that I was going to be a plaintiff’s lawyer. I knew that being able and willing to try a case to a jury was a skill that I needed to have if I was going to be able to offer my clients the best legal representation. Insurance companies and corporate defendants need to believe you when you say you will take them to trial – they need to fear that.” This type of real trial experience is exceedingly rare in complex civil litigation and having seen it from the defense side gives Jake an added advantage. Read Full Bio Alan Holcomb Alan Holcomb brings over a decade of experience handling catastrophic injury cases to the team. Widely recognized for his legal advocacy and broad experience as a trial lawyer, Alan has handled cases in more than 20 states nationwide. Alan works on cases ranging from products liability, severe burn injuries, wrongful death, chemical exposure, car accidents, lung disease, negligent security, and more. He puts his diverse expertise to work for his clients every day, dedicating his life to representing the people. After earning his undergraduate degree from the University of Georgia, Alan received his juris doctorate from Emory University School of Law. Before forming Turnbull, Holcomb & Moak, Alan was an equity partner at one of the top insurance defense firms in the country, where he represented some of the largest companies in the world and acted as national coordinating counsel for a large chemical/flavor manufacturer. This experience taught Alan that he wanted to help equalize the power imbalance between well-funded corporations and consumers, leading him to a career fighting for the people as a plaintiff’s attorney. Licensed in Georgia, California, Mississippi, and Ohio, Alan is determined to hold major corporations accountable. He relentlessly pursues justice, passionately advocating for his clients every step of the way. Read Full Bio Links: TorHoerman Law on Facebook: THLawyers Check out previous episodes and meet the GTP Team: Great Trials Podcast Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week on the podcast we interview Chris Hamilton of Hamilton Wingo ( https://hamiltonwingo.com/ ). Rate and review GTP on iTunes: Click Here to Rate and Review . View/Download Trial Documents Guest Bio: Chris Hamilton Chris Hamilton is one of the country’s leading high-stakes trial lawyers. He has won record-setting verdicts and settlements in catastrophic personal injury cases, wrongful death lawsuits, and complex business disputes. Chris chooses to work on cases where he knows he can make a game-changing difference by relying on his methodical preparation and truly extraordinary trial skills. He takes great pride when lawyers and clients trust him to handle the most important cases of their careers or lives. In 2022, Chris won a historic $7.37 billion jury verdict in Dallas, Texas, which was the year’s largest verdict nationwide and 4th largest personal injury award in U.S. history against a corporation. His nearly two decades of experience taking on negligence, fraud, and abuse by big businesses includes Chris’ work alongside the Massachusetts Attorney General’s Office in a ground-breaking federal False Claims Act case. The $25 million settlement in 2021 directly against a private equity firm and a group of healthcare industry executives is the largest of its kind. Chris has been featured in Courtroom View Network’s (CVN) list of the Most Impressive Trials of 2019, and his multibillion-dollar victory in 2022 topped CVN’s list of the Most Impressive Plaintiffs Verdicts of 2022. The Dallas Business Journal recognized Chris for winning Texas’ largest personal injury verdict in 2014, ranked as the nation’s 17th largest. In addition, he was recognized by Top Verdict in 2016 for Texas’ 9th largest personal injury verdict. Verdict Search noted him in 2011 for one of the state’s Top 10 and Top 100 verdicts in the U.S. Chris has been repeatedly recognized for his expertise in personal injury trials by other attorneys in the annual list of The Best Lawyers in Dallas by D Magazine, The Best Lawyers in America, Lawdragon 500 Leading Lawyers in America, Texas Super Lawyers, and National Trial Lawyers Top 100 Civil Plaintiff Attorneys, and is a member of the prestigious American Board of Trial Advocates (ABOTA) and the Leader’s Forum for the American Association for Justice. Chris’ cases have been featured in numerous media outlets, including Bloomberg, The Wall Street Journal, USA Today, CNN, Texas Lawyer, Dallas Business Journal, Law360, The Dallas Morning News, Texas Lawbook, The Houston Chronicle, and The Austin-American Statesman, and numerous local television reports and print news stories nationwide. Chris earned the Pro Bono Lawyer of the Year honor in 2017 from the American Association for Justice for representing hundreds of people unlawfully detained at DFW Airport during the travel ban. Chris, a fluent Spanish speaker, is a current member of the Board of Directors for the Texas Trial Lawyers Association. Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week Steve and Yvonne interview Cody Berne of Stoll Berne ( https://stollberne.com/ ). Rate and review GTP on iTunes: Click Here to Rate and Review . View/Download Trial Documents Guest Bio: Cody Berne Cody Berne is an advocate for his clients in cases large and small. He is prepared to go to trial if that is what the case requires. Cody has been first chair at over 40 trials. He leads Stoll Berne’s team in the class action lawsuit against PacifiCorp for starting fires across Oregon during the Labor Day 2020 storm. He was co-lead trial counsel in an 8-week trial where the jury found PacifiCorp liable to a class of several thousand people for gross negligence, punitive damages, and other claims. The jury awarded on average approximately $5 million to each of the 17-named plaintiffs. He was also co-lead trial counsel in the first and second damages-only jury trials on behalf of 19 more class members. The juries awarded several million dollars per person. The trials and litigation, including the work by Cody and his colleagues at Stoll Berne, have been featured in national and local news, including NPR, the Washington Post, Oregonlive, the New York Times, Bloomberg, Reuters, and the AP. Along with representing wildfire survivors and their families, Cody advises investors who lost money because of fraud and other misconduct and plaintiffs in class actions. His class action experience includes securities, consumer, ERISA, food labeling, and fire cases. Cody’s practice also includes commercial and complex litigation. He is an active member of the Oregon Trial Lawyers Association. Cody previously worked as a deputy district attorney at the Multnomah County District Attorney’s Office. Before that, Cody represented individuals and businesses in cases involving investment fraud and a wide range of business disputes at a large Northwest firm. He received the Haglund Award in 2016 from the Multnomah Bar Association. He was selected as a Future Star in Benchmark Litigation and also named in The Best Lawyers in America and Oregon Super Lawyers. During law school, Cody interned for U.S. District Court Judge Kimberly Mueller and U.S. Magistrate Judge Carolyn Delaney. Elected to Order of the Coif, he received the Clinical Legal Education Association Award and a Witkin Award. Cody also represented clients as a law student at the Civil Rights Clinic and Prison Law Clinic and earned a Public Service Certificate. Before law school, Cody served as a police officer with the Portland Police Bureau and as a wildland firefighter across the West. Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week, we’re replaying a classic episode where Steve and Yvonne interview Chris Hamilton of Hamilton Wingo LLP ( https://hamiltonwingo.com/ ). Rate and review GTP on iTunes: Click Here to Rate and Review . View/Download Trial Documents Case Details: Discussing a landmark premises liability case, trial lawyer and Hamilton Wingo LLP partner Chris Hamilton explains how he held McDonald's responsible for ongoing lack of security and secured justice for the families of Texas A&M college students Denton Ward and Lauren Crisp, who died following a late-night trip to a McDonald's in College Station, Texas. In February 2012, Denton Ward and Lauren Crisp, along with Samantha Bean and another friend, went to McDonald's, where Denton Ward was violently assaulted by Marcus Jones and a mob of other attackers. Lauren Crisp and Samantha Bean carried a bleeding Denton Ward to his SUV in an attempt to get him to the hospital. The driver, Samantha Bean, ran a red light and collided with another car. Denton Ward was killed and Lauren Crisp, who was unrestrained and tending to Denton Ward's injuries, was also killed. Despite the defense's attempts to shift focus away from McDonald's ongoing lack of concern for customer safety at a restaurant location with a history of late-night violence and to blame Samantha Bean for reckless driving, a Brazos County, Texas jury assigned 97 percent of the responsibility to McDonald's and returned a verdict of $27,000,000 in damages. Guest Bio: Chris Hamilton Chris Hamilton has established himself as one of the leading high-stakes trial lawyers in the United States. Hamilton has a recent track record of verdicts and settlements that are setting the mark in both the personal injury arena and in complex business disputes. For example, Hamilton was recently featured in Courtroom View Network’s (CVN) list of Most Impressive Trials of 2019. In 2014, Hamilton was recognized by the Dallas Business Journal as having the largest jury verdict in Texas for a personal injury case and the 17th largest jury verdict in the United States. In 2016, Hamilton was recognized by Top Verdict as having the ninth-largest personal injury verdict in Texas. Hamilton was recognized in 2011 by Verdict Search as having one of the top 10 verdicts in Texas and top 100 verdicts in the United States. Hamilton was selected as one of the Best Lawyers in America for 2019, the Lawdragon 500 Leading Lawyers in America for 2020, and is a member of the prestigious American Board of Trial Advocates (ABOTA). Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week, we’re replaying a classic episode where Steve and Yvonne interview Shane Lazenby of Lazenby Law Group ( https://lazlawgroup.com/ ). Rate and review GTP on iTunes: Click Here to Rate and Review . View/Download Trial Documents Case Details: Former defense attorney and U.S. Army Judge Advocate General (JAG) Corps veteran Shane Lazenby of Lazenby Law Group explains how he secured justice in the wrongful death of Kip Holland, a 50-year-old intellectually disabled pedestrian who was hit by a weaving, out-of-control tractor-trailer in Gainesville, Georgia. At trial, Shane Lazenby demonstrated that James Harper, the 76-year-old tractor-trailer driver who died before the case went to trial, lied on his Federal Motor Carrier Safety Administration medical exam, took prescription narcotics four times a day, performed breathing treatments for COPD in his trailer and was regularly admitted to the hospital for pneumonia. In 2020, a Gainesville, Georgia jury returned a verdict in favor of Kip Holland's grieving family and awarded $21,029,363 in damages, litigation expenses, and attorney's fees. Guest Bio: Shane Lazenby Shane Lazenby is the founder and managing member of Lazenby Law Group. After more than a decade of defending those accused of negligence in personal injury cases, Shane decided to reverse course and help the victims of serious injuries. With unparalleled compassion and limitless commitment, Shane quickly learned how much more rewarding and uplifting service as a victim’s advocate can be. Shane now focuses his practice on helping the victims of catastrophic personal injury and the families whose loved ones have passed as a result of another's negligence. Shane received his law degree in 1999 at the Walter F. George School of Law at Mercer University in Macon, Georgia. While at Mercer, Shane was a member of the Moot Court Board and the Mercer Law Review where he served as the Eleventh Circuit Survey Editor. Shane also received his Bachelor of Arts degree in Political Science, with a minor in Latin, from Mercer in 1994. Following law school, Shane returned to the United States Army, where he served as a Judge Advocate with the 82d Airborne Division. Shane’s service included duties as the Regimental Judge Advocate for the 505th Parachute Infantry Regiment, where he obtained a 100% conviction rate in the most active military justice jurisdiction in the United States Army. Shane was also selected to be the first Judge Advocate from the 82d Airborne Division to deploy to the Global War on Terrorism as counsel to the Commander of the 3rd Battalion, 505th Parachute Infantry Regiment in Kandahar, Afghanistan. Shane was then selected to be the Operational Law Attorney for the 82d Airborne Division Commander in Bagram, Afghanistan, where he served until returning home. In December 2010, Shane retired from the Georgia Army National Guard after 21 years of total military service with the Georgia National Guard, United States Army, and Army Reserve. Shane joined the military in 1989, first serving as a combat medical specialist. In 1993 Shane graduated from Officer’s Candidate School and was commissioned as an Infantry Officer. Shane served as an Infantry Platoon Leader, Signal Platoon Leader, and Operations Officer with a Ranger-led, Airborne Long Range Surveillance Unit. He then returned to the active Army for his tour of duty as a Judge Advocate before transitioning into the Army Reserve. In the Army Reserve, Shane continued service as a Judge Advocate, but was then selected for Command as the Headquarters and Headquarters Company Commander for the 335th Signal Command. Thereafter, Shane transitioned back into the Georgia Army National Guard where he returned to his Infantry roots and became the Executive Officer of the 3-108th Cavalry Squadron; his retirement assignment. Shane’s service awards include the coveted Ranger tab, the Master Parachutist Badge, the Air Assault Badge, and the Bronze Star for service in the Republic of Afghanistan during Operation Enduring Freedom. Shane’s service as an Army Ranger also included competition in the LTG David E. Grange Best Ranger Competition in 2002. After his return from Afghanistan, Shane transitioned into private practice with a prestigious trial defense firm in Atlanta, Georgia, where he gained invaluable experience and growth alongside some of Georgia’s finest defense and plaintiff attorneys. After deciding to depart big city life, Shane settled with his family in Gainesville, Georgia. In Gainesville, Shane continued honing his skills as a partner with a Gainesville firm specializing in the defense of physicians accused of medical malpractice. In his career, Shane has tried more than fifty cases to verdict. His extensive experience was noted when he was selected as an Atlanta Magazine Georgia Super Lawyer Rising Star in 2009, 2010, 2011, and 2012. Shane was also pleased to be selected as a Georgia Super Lawyer for Plaintiff’s Personal Injury in 2015, 2016, 2017, 2018, and 2019, a peer-reviewed award limited to only the top 2.5% of Georgia’s attorneys. Shane also maintains a coveted AV Rating from Martindale Hubbell – the highest possible rating in terms of both legal ability and ethical standards. Shane was also fortunate to graduate from Leadership Georgia in 2013 and Leadership Hall County in 2016. Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week, Steve and Yvonne interview Richard Mitchell of Mitchell & Shapiro LLP ( https://www.mitchellshapiro.com/ ). Rate and review GTP on iTunes: Click Here to Rate and Review . View/Download Trial Documents Case Details: Richard Mitchell, a partner at Mitchell & Shapiro LLP, explains how he secured justice for Elizabeth Dickinson, who sustained a painful pressure ulcer due to the negligence of Landmark Hospital's staff, who did not rotate her position regularly on her hospital bed. Transferred from Grady Hospital in Atlanta after receiving treatment for car crash-related injuries, Elizabeth was admitted to Landmark Hospital with a stable stage 2 sacral ulcer, which quickly escalated to stage 4. The pressure ulcer took a full year to heal, but Elizabeth's activities continue to be limited due to the poor wound care she received. Despite the defense's attempts to blame Landmark's new medical records system, Elizabeth's daughter and even Elizabeth herself for her injuries, a Gwinnett County, Georgia jury returned a verdict of $1,300,000 in damages. Guest Bio: Richard Mitchell Richard C. Mitchell is a partner with Mitchell & Shapiro LLP. He concentrates on personal injury matters, including medical malpractice, trucking and auto wrecks, and aviation crashes. In December of 2003 and 2014, he was voted by his peers in Georgia Trend magazine as one of Georgia’s “Legal Elite” in the personal injury area. From 2003-2019 the readers of Atlanta Magazine voted him a “Georgia Super Lawyer” in personal injury litigation. He is regarded as one of the most experienced personal injury and medical malpractice lawyers in the Atlanta, Georgia area and has received the highest possible professional rating, Martindale-Hubble's AV Preeminent rating, consecutively for 20 years. After clerking for 2 United States District Court judges in Atlanta, Richard C. Mitchell was an associate and partner with the major law firm Powell, Goldstein, Frazer & Murphy for over 14 years before leaving to start his own firm in 1997. During that time, he successfully represented numerous manufacturers and insurers in product liability cases, including manufacturers of automobiles, aircraft and aircraft components, forklifts, woodworking machinery, chemicals, conveyor belts, and electric limit switches. He left the large firm in order to concentrate on representing injured individuals. Mr. Mitchell’s years of experience defending clients in personal injury cases and working with insurance companies have given him a unique insight into the civil litigation process and an ability to work with defendants to obtain favorable results for his clients. He is a successful veteran of more than 100 trials, arbitrations, and mediations; he, therefore, has the experience and skills to achieve his clients’ goals before a judge and jury in the event a settlement cannot be reached. He has obtained several Georgia Top Ten Verdicts in medical malpractice. As one of the finest personal injury lawyers in Atlanta, Georgia, Richard C. Mitchell has been a frequent speaker at seminars and the author of chapters in several treatises and legal articles. Richard is also currently serving as an adjunct professor at Georgia State University School of Law. Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week, we’re replaying a classic episode where Steve and Yvonne interview Alwyn Fredericks of Cash, Krugler, Fredericks ( https://ckandf.com/ ). Rate and review GTP on iTunes: Click Here to Rate and Review . View/Download Trial Documents Case Details: Alwyn Fredericks, a partner at Cash Krugler Fredericks in Atlanta, shares how he secured justice for 18-year-old college student Jewel Wicker, who sustained permanent brain damage following a severe car crash. Jewel was on her way to church when her Honda Accord was hit by a 26-foot Freightliner that ran a red light. The impact of the tractor-trailer, owned by First Class Produce, caused Jewel to hit her head, rendering her temporarily unconscious. Suffering damage to her frontal and temporal lobes, Jewel was diagnosed with a mild traumatic brain injury, which, years after the crash, still causes her to have headaches, ringing in her ears, light sensitivity, memory problems, anxiety, and depression. Despite the defense's attempts to persuade the jury that Jewel was lying about her injuries or embellishing the extent of her pain, a DeKalb County jury returned a verdict of $3,500,000. Guest Bio: Alwyn Fredericks Alwyn Fredericks graduated from Mercer University Law School in 1998. His practice areas include auto and trucking accidents, medical malpractice, fire and explosion cases, and premises liability actions. Mr. Fredericks has a sub-specialty in litigating traumatic brain injury cases and has successfully tried several brain injury cases, obtaining substantial verdicts for his clients. He is a member of the Executive Committee of the Georgia Trial Lawyers Association and a former member of the Editorial Board of Verdict, a magazine of the Georgia Trial Lawyers Association. Additional memberships include the Georgia Trial Lawyers Association, the American Association for Justice, the American Bar Association, and the Gate City Bar Association. Mr. Fredericks frequently presents at local and national seminars regarding effective litigation and trial techniques. He is consistently recognized as a top litigator in Georgia and named one of Georgia’s Superlawyers. Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week, we’re replaying a classic episode where Steve and Yvonne interview Brian McKeen of McKeen and Associates, LP ( https://www.mckeenassociates.com/ ). Remember to rate and review GTP in iTunes: Click Here to Rate and Review . View/Download Trial Documents Case Details: Detroit medical malpractice attorney Brian McKeen explains how he secured justice for a two-month-old boy who suffered brain damage resulting in cerebral palsy after William Beaumont Hospital technicians failed to act urgently. The baby turned blue after receiving an IV for an outpatient renal scan and was without oxygen for 12 minutes because nuclear medicine technicians neglected to immediately issue a "code blue" or to begin administering chest compressions. Despite the defense's attempts to convince the jury that the incident occurred due to pre-existing conditions, an Oakland County, Michigan jury returned a landmark $130.5 million verdict. Guest Bio: Brian McKeen Brian McKeen began practicing law in 1982. During his career, he has become a powerful advocate for his clients and one of the foremost medical malpractice attorneys in Michigan. He has tried cases throughout the United States. He currently sits on the executive boards of the Michigan Association for Justice (MAJ) and the American Association for Justice (AAJ). Mr. McKeen formerly served as chair of the AAJ Professional Negligence Section, Medical Negligence Exchange Group, and Birth Trauma Litigation Group (BTLG). Since 2001, McKeen & Associates has generated the year's top verdict in Michigan four times, including securing the state's largest medical malpractice verdict on record in 2001, when a jury rendered a verdict award of $55 million in the case of Hall v Henry Ford Health System. McKeen & Associates also topped all Michigan verdict awards in 2002, with an award of $22.5 million in the case of Blazo v McLaren Regional Medical Center, et al; in 2006, with an award of $16 million in the case of Lowe v Henry Ford Health System; and in 2007, with an award of $35 million in the case of Oppenheim v Aeneas C. Guiney. Mr. McKeen was recently inducted into The Inner Circle of Advocates and named Top Attorneys in Michigan as published by The New York Times in September 2012. Professional Associations and Memberships: Inner Circle of Advocates - The Inner Circle of Advocates is an invitation-only group, limited to 100 lawyers of excellent character and integrity, representing people throughout the United States. To qualify, members must have tried at least 50 personal injury jury trials and at least three verdicts in excess of one million dollars or one verdict in excess of ten million dollars. International Society of Primerus - Primerus is an international network of top-rated, independent law firms that have earned the right to display the Primerus seal of quality. Candidates for membership must have the maximum AV rating from Martindale-Hubbell, the peer review rating source that lawyers use to find other lawyers. Further, a law firm must submit to a rigorous evaluation, which includes candid assessments from judges, fellow attorneys, current and former clients, bar associations, and malpractice insurance carriers. Firms must also attest to their commitment to the exacting standards of the Six Pillars of Primerus Quality: Integrity, Excellent Work Product, Reasonable Fees, Continuing Legal Education, Civility, and Community Service. And it doesn't end there. Primerus firms are audited annually to ensure that they continue to be the "best of the best," year after year. American Association for Justice (AAJ)- Chair of the Professional Negligence Section 2006 - 2008; Co-chair of the Birth Trauma Litigation Group (BTLG); Co-chair of the AAJ's Medical Negligence Exchange Group 2005 - 2007 (MNIEG); Board of Governors; Leaders Forum; Sustaining Member; National Finance Counsel; Litigation Group Coordination Committee; Executive Board. Read Full Bio Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
This week, Steve and Yvonne interview David Yarborough and William Applegate of Yarborough Applegate Law Firm, LLC ( https://www.yarboroughapplegate.com/ ). Remember to rate and review GTP in iTunes: Click Here to Rate and Review View/Download Trial Documents Case Details: Yarborough Applegate secured a landmark jury verdict against Amazon for $44.6 million, including $30 million in punitive damages, after a man was catastrophically injured in a motorcycle collision with an Amazon van on Orangeburg Road in Summerville, South Carolina. This distracted driving case marks the first time Amazon has tested with a jury the issue of whether the online retail and global logistics giant will be held responsible for injuries caused by one of its 285,000 Amazon Delivery Associates (drivers) it calls independent contractors. Yarborough Applegate attorneys David Yarborough, Alexandra Heaton, and William Applegate, working alongside Nick Clekis of the Clekis Law Firm in Charleston, represented a motorcyclist who sustained a traumatic brain injury and numerous orthopedic injuries in September 2021 when an Amazon Delivery Associate failed to yield to the right of way and turned left directly into his path. We filed suit against the driver, the local delivery company MJV Logistics, and Amazon, Amazon Services, and Amazon Logistics Inc. Source . Guest Bios: David Yarborough David has a history of achieving record-breaking jury verdicts and settlements for his clients. In December 2023, David and partners obtained a $44.6 million jury verdict against Amazon.com, Inc. in the first case to hold Amazon vicariously liable under an agency theory for the vicarious and negligent acts of its delivery drivers, whom Amazon claims are independent contractors. This was the largest personal injury verdict ever awarded in conservative Dorchester County and is believed to be one of the largest jury verdicts in South Carolina history in an injury case not involving death. Read more about this case here. In October 2021, David achieved the largest dram shop verdict ever in Charleston County, South Carolina, for the sale of alcohol to minors by a Sunoco gas station. David and the firm also achieved one of the top 100 jury verdicts in the United States from their $35.9 million verdict against PEPCO in conservative Montgomery County, Maryland. David has collected jury verdicts and settlements totaling hundreds of millions of dollars for his catastrophically injured clients in cases involving bad faith against insurance companies; industrial plant injuries resulting in worker deaths; product liability from automobile rollovers and industrial machine injuries; toxic chemical spills by railroad companies; pool drownings; trucking and auto accidents; nursing home and daycare negligence; dram shop and alcohol liability negligence by bars and restaurants; and negligence by retail stores, energy companies, apartment complexes, hotels, and construction contractors for job-site, balcony collapse and premises injuries. He is a member of the Charleston Chapter of the American Board of Trial Advocates (ABOTA), the South Carolina Association of Justice, the American Association for Justice, the Charleston County Bar’s Mental Wellness Committee, Lawyers Helping Lawyers, and the Board of Regents of TriCounty Family Ministries. For the past twenty-five years, David has been heavily involved in mentoring and counseling people suffering from alcoholism and addiction who are seeking recovery. He places a large emphasis on giving back to the local community through free legal work and generous financial and service contributions to local charities each year. He and his wife, Jessica, are Charleston natives and have four children. Prior to founding Yarborough Applegate, David was a partner at another Charleston-based law firm, where he was part of a national trial team defending products liability cases in trials across the United States. His experience handling national litigation and having represented both plaintiffs and defendants in state and federal courts around the country provides him with a varied perspective in discovery strategy, negotiations, and trial. Read Full Bio William Applegate With nearly twenty years of experience in the courtroom, William is a seasoned trial lawyer with a track record of success. He has successfully litigated complex cases involving toxic torts, electrocutions, police negligence, medical negligence, and premises liability, representing clients suffering from the most severe catastrophic injuries. Beyond having had numerous trial victories, he has also achieved two record-breaking verdicts, been recognized by his peers as one of the top litigators in the state, won numerous awards as a leader in the law, and has been consistently given Martindale-Hubbell’s highest ranking as an AV lawyer. Beyond his experience and hard work, he is a passionate advocate for his clients, who are defined by determination and perseverance. William understands that his clients, many of whom find themselves in desperate situations following serious trauma, such as the death of a loved one or experiencing life-altering injuries, are relying on him, and he takes this responsibility personally. In 2014, William and his team represented 28-year-old paralyzed construction worker Hugo Hernandez against PEPCO (Potomac Energy and Power Company). After a two-week trial against PEPCO in Montgomery County, Maryland, the jury awarded Mr. Hernandez $35.9 million in damages in compensation for the overwhelming cost of Mr. Hernandez’s future medical care as a young, C4 paraplegic as well as for his pain and suffering and loss of income. This was the largest verdict in Montgomery County history and was one of the largest verdicts in American history for an undocumented worker. In 2019, William represented an undocumented worker who was killed when electrocuted by a power line that was hidden by vegetation, which Dominion Energy had failed to maintain, and a jury returned a $21 million dollar verdict, the largest verdict in the history of Colleton County, SC. In 2021, William represented a Claflin College student who suffered a traumatic brain injury as a result of a car crash caused by a road construction defect. After a two-week trial, the jury returned a $13.1 million dollar verdict against the road contractor Archer Western and the Department of Transportation, also awarding punitive damages against Archer Western. In all three of these cases, William refused offers of millions of dollars to ensure his clients were fully compensated by a jury. William was born in Charleston, SC, and with the exception of studying abroad to become fluent in Spanish, he has remained in SC his entire life. He is a graduate of the College of Charleston and the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O’Neal Inn of Court. Following law school, he served as law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina before starting in private practice with Motley Rice, one of the largest plaintiff’s firms in the country. William has a deep commitment to South Carolina and is very involved in his community in Charleston. He serves on the board of the Historic Charleston Foundation and actively supports numerous charitable organizations, including One80 Place, in their fight against homelessness, Communities in Schools, the Coastal Conservation League, and the Southern Environmental Law Center. William is a regular speaker at various legal conferences, is a member of the American Bar Association and Charleston County Bar Association, and is an active member of the South Carolina Association for Justice. When not working, William and his wife, Lydia, enjoy raising their two children in South Carolina. Read Full Bio Links: Yarborough Applegate IG: @yarboroughapplegate Show Sponsors: Legal Technology Services - LegalTechService.com Digital Law Marketing - DigitalLawMarketing.com Harris Lowry Manton LLP - hlmlawfirm.com Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2…
 
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