Verdicts & Settlements

Pope McGlamry has been involved in complex litigation on behalf of classes, individuals and corporations.  Below is a representative sampling of these cases. While these summaries of previous cases are accurate, we do not guarantee the same or similar results in future cases. Each case is unique and stands upon its own merits.

Individual Actions

Pope McGlamry represents individual Plaintiffs in a variety of complex litigation contexts, including, but not limited to, automotive product liability, pharmaceutical product liability, premises liability, personal injury and wrongful death and complex commercial/estate litigation.

  • Akin v. Silver Dollar City, Inc. and White Water Park, et al.,  Superior Court of Cobb County (wrongful death of a young child due to E. Coli infections, settled for undisclosed amount).
  • Barron v. Specialty Service Contractors, Inc., United States District Court, Middle District of North Carolina, Greensboro Division (wrongful death action resulting from motor vehicle accident, $1,850,000 settlement).
  • Beard v. D&N Trucking Company, LLC, et al., Circuit Court of Chambers County, Alabama (claims for personal injury to the husband and for the wrongful death of his wife resulting from a collision with a tractor-trailer, $2,150,000 settlement).
  • Bernheisel v. Coca-Cola Enterprises, Inc., United States District Court, Northern District of Georgia, Rome Division (premises liability fire resulting in death of 50 year old man, settled for confidential sum at mediation).
  • Borom v. Eli Lily Co., United States District Court, Middle District of Georgia (pharmaceutical products liability wrongful death for Oraflex, a drug prescribed for the treatment of arthritis, jury verdict of $6 million, drug removed from the market).
  • Broach v. General Motors; State Court of Fulton County, Georgia (auto products liability/wrongful death action as a result of defective seat belts, confidential settlement).
  • Buckner v. Brown Transport Corp., Superior Court of Fulton County, Georgia (multiple wrongful death actions involving a tractor-trailer, settled for undisclosed amount).
  • Buser v. General Motors, Circuit Court, Jackson County Missouri at Kansas City (auto products liability/wrongful death action as a result of defective roof and roof support system, confidential settlement).
  • Carleton v. ValuJet Airlines, Inc., et al., State Court of Fulton County, Georgia (consolidated case of 8 passengers killed in May 11, 1995 crash; settled for undisclosed amount).
  • Clark v. Eastman Gun Shows, Inc., United States District Court, Northern District of Georgia, Atlanta Division (wrongful death/premises liability action where a 13 year old boy was killed when a loaded weapon discharged at a gun show, confidential settlement at mediation).
  • Dillashaw v. Spectrum Emergency Care, Inc., et al.,Superior Court of Hall County, Georgia (medical malpractice for failure to diagnose and treat abdominal aortic aneurysm, confidential settlement).
  • Duvall, et al. v. General Motors Corporation, et al., Circuit for Russell County, Alabama (auto product liability action for catastrophic brain injury resulting from defective hood restraint system and general un-crashworthiness, settled for undisclosed amount).
  • Eastham, et al. v. William K. Farr, Jr., D.D.S., Superior Court of Cobb County, Georgia (wrongful death action of a minor resulting from dental malpractice, settled for $1 million).
  • Elliott, Jr., et al. v. United States of America, United States District Court, Middle District of Georgia, Columbus Division (wrongful death and personal injury action resulting from carbon monoxide poisoning due to defective water heater at military base, judgment of approximately $12 million not barred by Feres Doctrine).
  • Feagins, Jr., et al. v. Overnite Trans. Co., United States District Court, Middle District of Alabama (wrongful death action involving a tractor-trailer, $1.5 million settlement).
  • Fudge v. Wheelus, et al., Circuit Court for Houston County, State of Alabama (catastrophic injury and wrongful death action arising from a tractor and trailer accident in Dothan, Alabama, settled for an undisclosed sum).
  • Gallo v. Ford Motor Company, Inc., United States District Court, Northern District of Georgia, Atlanta Division (auto product liability action involving brain injury due to rollover and defective seat belt, confidential settlement).
  • Gamble v. Awbrey Logging, Inc., Superior Court of Heard County, Georgia (wrongful death action involving a tractor-trailer, confidential settlement).
  • Gentry v. Volkswagen of America, Inc., et al., State Court of Fulton County, Georgia (auto products liability/wrongful death action as a result of defective seat belts, $11 million verdict upheld on appeal, and, at the time, the largest wrongful death verdict in Georgia.).
  • Girtman v. Wade, United States District Court, Middle District of Georgia, Albany Division (wrongful death of 67 year old man in automobile accident, $2,000,000 settlement).
  • Graddy v. OnTrac, Inc., et al., 13th Judicial District of Cumberland County, Tennessee (Circuit Court)(wrongful death and personal injury claims resulting from a motor vehicle collision, $1,700,000 settlement).
  • Grundberg v. Upjohn Co., United States District Court for the District of Utah (pharmaceutical product liability resulting from gunshot death of woman by her daughter/plaintiff, confidential settlement).
  • Guigere v. John M. Farris, Jr., State Court of Fulton County, Georgia (wrongful death action involving a minor passenger and a single vehicle collision, $1.5 Million settlement).
  • Harris v. Charter Magellan Health Services, Inc., et al., State Court of Fulton County, Georgia (wrongful death for failure to diagnose depression resulting in patient suicide, confidential settlement).
  • Hammock v. Wal-Mart Stores, Inc. et al., Circuit Court of Chambers County, State of Alabama (suit brought on theories of premises liability and respondeat superior resulting in wrongful death, settled on second day of trial for $650,000).
  • Hill v. Bridgestone/Firestone, United States District Court, Northern District of Georgia, Atlanta Division (automobile and tire products liability action, confidential settlement).
  • Holmes v. Bausch and Lomb, United States District Court, Northern District, Georgia/Multi-District Litigation, South Carolina (personal injury, corneal scar due to defective contact lens cleaning solution, settled for confidential sum).
  • Holsey v. Whatley Contract Carriers, Inc., United States District Court, Middle District of Alabama (wrongful death action involving a tractor-trailer, $576,000 settlement).
  • Jansky v. Suntrust Banks, Inc., United States District Court, Northern District of Georgia, Atlanta Division (on claim for indemnity, Pope McGlamry recovered under quantum meruit for fees and expenses in the successful defense of bank’s counterclaim against client, judgment in excess of $280,0000).
  • Layfield v. Blue, et al., United States District Court, Middle District of Georgia, Columbus Division (tractor trailer accident involving broken ankle and back injuries, $212,500 settlement).
  • Leddon v. Fabtech Motorsports, Inc., et al., Superior Court of Muscogee County, Georgia (wrongful death action arising from faulty manufacture of lift kit for truck, $1,300,000 settlement).
  • Korsower v. Kappa Sigma Fraternity, Inc., et al., United States District Court, Middle District of Alabama, Opelika Division (catastrophic burn injury action resulting from fire at fraternity house, $470,000 settlement).
  • Lawrence, et al. v. ECK Miller, United States District Court, Middle District of Alabama (wrongful death action involving a tractor-trailer, $2,650,000 settlement).
  • Lee v. Ford Motor Company, (auto products liability/wrongful death action as a result of defective seat belts, confidential settlement).
  • Lehman v. General Motors Corporation, United States District Court, Middle District of Georgia, Columbus Division (auto products liability action for catastrophic injuries/wrongful death as a result of defective seat belts, confidential settlement).
  • Lockhart v. Spectrum Emergency Care, United States District Court, Middle District of Georgia, Columbus Division (complaint alleging wrongful death due to a violation of the federal patient dumping statute and medical malpractice, $500,000 settlement).
  • Marler v. The City of Lanett, et al., Circuit Court of Chambers County, Alabama (wrongful death of Plaintiff’s husband due to inadequate response of the EMT service of the County and a defective defibrillator and a malfunction of same, resulting in Decedent’s death, confidential settlement).
  • Mason v. Ford Motor Company, United States District Court, Northern District of Georgia, Atlanta Division (Auto products liability/wrongful death for post collision fire resulting in death of 9 year old child.  Verdict and judgment for $9 Million, upheld on appeal.  At the time, the largest wrongful death verdict in Georgia.).
  • McBride, Jr. v. General Motors Corporation, United States District Court, Middle District of Georgia, Columbus Division (auto products liability action for catastrophic injuries as a result of defective seat belts, confidential settlement).
  • Milam v. General Motors Corporation, United States District Court, Eastern District of Tennessee, Northern Division (auto products liability/wrongful death action involving death of a minor due to a defective seat belt system, confidential settlement).
  • Nichols v. George H. Lanier Hospital and Nursing Home, Inc., et al., Circuit Court for Chambers County, Alabama (medical malpractice for failure to give tetanus booster resulting in patient being in coma for months, confidential settlement).
  • O’Neal v. Stadnick, (drunk driver struck pedestrian resulting in catastrophic injuries to 21 year old man, settled pre-suit for $1,250,000).
  • Osborne v. CSX Container Corp. of America, United States District Court, Middle District of Georgia (train/tractor-trailer crash at private railroad crossing resulting in catastrophic brain injuries; settlement immediately prior to closing argument for $7 million).
  • Pilewski v. Morrison Homes, State Court of Fulton County, Georgia (premises liability action involving the collapse of a deck resulting in severe personal injuries, confidential settlement).
  • Reasoner v. Stien, State Court of Dekalb County, Georgia (wrongful death and personal injury action involving I-985 median crossover accident, recovery in excess of $3.9 million).
  • Rollins v. Bowen, Chilton County, Alabama (wrongful death action arising from vehicle crossing the centerline on U.S. Highway 31 in Chilton County, Alabama, settled for an undisclosed sum).
  • Smith v. Chubb & Son, Inc., United States District Court, Northern District of Georgia, Rome Division (water damage to plaintiff’s home resulting in mold infestation, confidential settlement).
  • Vainu v. Aiken Community Hospital, Inc., et al., United States District Court, District of South Carolina, Aiken Division (medical malpractice for failure to diagnose and treat heart attack resulting in death, $1.5 Million settlement).
  • Van Der Noordaa v. Hyundai Motor Company, United States District Court, Middle District of Georgia, Columbus Division (auto products liability/wrongful death action as a result of defective seat belts, confidential settlement).
  • Waddell v. Heilig-Meyers, Circuit Court of Davidson County, Tennessee (automobile accident in which Mr. Waddell was killed, leaving a wife and a young child, confidential settlement).
  • Wang v. Aissei, (wrongful death and personal injury claims arising from a motor vehicle accident, settled for $1.3 million before suit was filed).
  • Wardlaw et al. v. St. Francis, State Court of Muscogee County, Georgia (MRSA pandemic in hospital resulting in numerous injuries and deaths.  Multiple cases settled confidentially after trial of lead claim).

Commercial Litigation

Pope McGlamry has been hired by many large corporations to handle complex disputes including, but not limited to, disputes involving commercial contracts, conversion/theft, arbitration claims, securities fraud, lost sales/profits and officer’s/director’s liability.  Many of these cases have been taken on a negative contingency basis.

  • AFC v. Arthur Anderson, Superior Court of Fulton County, Georgia (accounting malpractice case involving a publicly traded company’s restatement of its financial statements:  this matter was resolved pursuant to a confidential settlement agreement after significant discovery proceedings).
  • AFC v. Coca Cola, (represented AFC in beverage contract negotiations with Coca Cola).
  • AFC/Popeyes Fried Chicken v. Cajun Operating Co./Church’s Chicken, State Court of Fulton County (tortious interference with contractual and business relationships; this matter was resolved pursuant to a confidential settlement agreement 30 days before trial, after significant discovery and motion proceedings).
  • AFC/Popeyes Fried Chicken v. Diversified Foods, United States District Court, Eastern District of Louisiana (Declaratory Judgment Action on contract resulting in a successful negotiation of a new, equitable, long term multi-million dollar supply agreement).
  • Bayshore Ford Truck Sales, Inc., et al. v. Ford Motor Company, United States District Court, Northern District of Georgia, Rome Division (consolidated action by Ford Heavy Truck dealerships for breach of contract by Ford Motor Company).
  • Columbus, Georgia v. Hotels.com, Inc., Superior Court of Muscogee County, Georgia (pending action against online booking companies for failure to pay hotel occupancy tax).
  • Columbus, Georgia v. Orbitz, Inc., et al., Superior Court of Muscogee County, Georgia (action brought on behalf of the City of Columbus to collect unpaid hotel occupancy taxes, resolved pursuant to a confidential settlement).
  • Executive Risk v. AFC Enterprises, Inc., United States District Court, Northern District of Georgia, Atlanta Division (judgment in excess of $24 million affirmed by Eleventh Circuit in breach of contract action brought on behalf of AFC against its  insurer to cover securities claims made against the company and its officers and directors).
  • In re: Wellnx Marketing and Sales Practices Litigation, United States District Court, District of Massachusetts, (sixteen actions were consolidated by the MDL Panel, a settlement resulted in changes in marketing practices and partial refunds for consumers who participated).
  • Jim Walter Resources, Inc. v. Cotton Energy Corporation, et al., Circuit Court of Tuscaloosa County, Alabama (conversion/misappropriation of JWR coal inventory at Mobile dock, settled for an undisclosed amount).
  • Scrushy v. HealthSouth, American Arbitration Association, (arbitration action filed pursuant to an indemnity agreement for legal expenses incurred in regard to certain civil or criminal litigation, final award from the arbitrator, including legal expenses and expenses related to the arbitration proceeding, totaled $21,498,696.60).
  • The Bush Ranch, Inc., et al. v. E. I. DuPont de Nemours & Company, United States District Court, Middle District of Georgia, Columbus Division (consolidated action by nursery growers for plant damage caused by contaminated pesticide, settled for undisclosed amount).

Class Actions

In the class action context, Pope McGlamry has represented consumer Plaintiffs under CROA, RESPA and TILA.  Also, Pope McGlamry has represented classes for securities fraud and breach of automobile insurance, credit union and life insurance contracts.  For each class case referenced, Pope McGlamry has been found to be adequate class counsel.

  • Adams v. Southern Farm Bureau Life Insurance Company, United States District Court, Northern District of Georgia, Atlanta Division (class action regarding breach of fiduciary duty, fraud, negligence, and breach of contract in regard to the sale of universal life insurance policies, settlement valued in excess of $50 Million).
  • Bechtel, et al., v. Georgia Farm Bureau Mutual Insurance Company, et al., Superior Court of Walker County, Georgia (declaratory judgment action on behalf of class that obtained $80 Million judgment against owners of the property where crematory operated for owners’ homeowner’s insurance coverage).
  • Bristol v. Allstate Insurance Company, et al., Superior Court of Muscogee County, Georgia (follow up to Earl v. Allstate Insurance Company, et al. for violation of injunctive relief, settled for $23 Million).
  • Carter v. First Tennessee Bank, et al., Circuit Court of Fayette County, Tennessee (class action consumer fraud settled for cash and debt relief for entire class).
  • Earl v. Allstate Insurance Company, et al., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $59 Million cash settlement).
  • Head and Hamlet v. Georgia Farm Bureau, et al., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $29.4 Million cash settlement).
  • Henderson, et al. v. Scientific-Atlanta, Inc., United States District Court, Northern District of Georgia (securities fraud class action, $14 Million settlement).
  • Hillis v. Equifax Consumer Services, Inc., et al., United States District Court, Northern District of Georgia, Atlanta Division (consumer class action under Credit Repair Organizations Act, 15 U.S.C. § 1681 et seq., settled for cash and in kind relief exceeding $200 Million).
  • Hyatt v. Cotton States Mutual Insurance Company, Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $10 Million cash settlement).
  • In re Consol. Non-Filing Ins. Fee Litig., 431 F. App’x 835 (11th Cir. 2011) – Eleventh Circuit affirmed trial court’s refusal to dissolve permanent injunction resulting in saving class members millions of dollars per year.
  • In Re:  Consolidated “Non-Filing Insurance” Fee Litigation, United States District Court, Middle District of Alabama, Northern Division (class actions against retail and finance companies relating to alleged illegal non-filing insurance product resulting in settlements which included restitution in the amount of $121,088,317.00 plus injunctive relief valued at $935,996,279.00).
  • Johnson v. Team Vaden Imports, Inc., Superior Court of Chatham County, Georgia (consumer fraud class action resulting in cash and free services).
  • Mabry v. State Farm Mutual Automobile Insurance Co., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $150 Million cash settlement).
  • Martin and Wicker v. Government Employees Insurance Company, et al., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $21.8 Million cash settlement).
  • McLean v. Progressive Casualty Insurance Company, et al., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $19.6 Million cash settlement).
  • Meyer, et al. v. Citizens and Southern National Bank, United States District Court, Middle District of Georgia (trust beneficiaries class action asserting the failure to properly manage trust funds, $32,600,000 settlement including attorneys fees).
  • Myers v. Home Cable Concepts of Tennessee, Inc. and First Tennessee Bank, N.A., United States District Court, Middle District of Alabama, Northern Division (class action for consumer fraud, settlement value in excess of $10 Million).
  • Oldham v. Nationwide Mutual Insurance Company, et al., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $13 Million cash settlement).
  • Patterson v. CUNA Mutual Insurance Society, Inc., United States District Court, Northern District of Georgia, Atlanta Division (credit union members class action for denial of credit disability and credit life benefits based on “age maximum,” settled for injunctive relief and cash payments of approximately $20 million).
  • Slack v. Fair Isaac Corporation, et al., United States District Court, Northern District of California (consumer class action under Credit Repair Organizations Act, 15 U.S.C. § 1681 et seq., settled for cash and in kind relief exceeding $200 Million).
  • Townes v. Trans Union, LLC, et al., United States District Court, District of Delaware (consumer class action under Credit Repair Organizations Act, 15 U.S.C. § 1681 et seq., settled for cash and in kind relief services exceeding $75 Million).
  • Walton v. United Services Automobile Association, et al., Superior Court of Muscogee County, Georgia (diminished value class action of Georgia insureds resulting in $17.2 Million cash settlement).