Case Results - Stewart, Seay & Felton Law Firm
Our client was severely beaten by unknown persons outside of a well-known nightclub. Our client suffered catastrophic injuries that have rendered him incapacitated for the remainder of his life. We were able to prove the establishment, security company and parking company were all negligent and at fault for our client’s injuries.
Our client had a lumpectomy to treat breast cancer. After the procedure, she was cancer free for several years. Unfortunately, she subsequently felt a new mass in the same location on the same breast. After consulting with her physician, she had a biopsy performed on the mass. The reviewing pathologist erroneously identified the mass as an invasive carcinoma (cancer) when in fact it was non-malignant fibrocystic breast tissue. Based on the pathologist’s report, the entire breast was removed despite the fact that there was no cancer.
Pedestrian Injured by Trash Truck
Our client sustained serious injuries when the driver of a sanitation truck negligently backed over him. Our aggressive use of discovery tactics revealed that the driver had been poorly trained and had not followed written company policies and procedures regarding the operation of his truck around pedestrians.
Our client was shot numerous times and suffered severe trauma due to an incident that occurred in a unsafe housing project. As with every case, both sides had serious issues and risks that could only be resealed with trial. We were relentless in sending a message that regardless of where you live, it is an obligation of the property owner and manager to keep residents safe.
Our client’s infant did not survive child birth. Although she had previously delivered her last baby by way of Caesarean Section, our client was told that the birth of her third child would be vaginal and would be managed by a mid-wife rather than an obstetrician. A timely Caesarean Section was not performed and the baby died of Hypoxic Ischemic Encephalopathy. Our efforts in discovery revealed that our client’s health maintenance organization’s decisions regarding the management her client’s child birth was dictated by economic concerns rather than the well-being of the mother and infant.
Pedestrian Killed by 18 Wheeler
Our client’s family member was a long haul truck driver who was killed when he was struck by a tractor trailer truck. At the time, his vehicle was disabled and had been pulled into the emergency lane of the highway. We were able to prove that the driver who killed our client’s family member had falsified his driver logs, suffered from chronic obstructive sleep apnea and thus, was extremely fatigued and suffered from narcolepsy at the time of the incident.
Patient Falls while in a Rehab Center
Our client was in a rehabilitation center to aid him in recovery from a spinal cord injury. Although our client had been deemed a fall risk, a nurse allowed our client to walk to the restroom, on just his fourth day at the facility, without assistance. Unfortunately, our client was not stable enough to hold himself upright and fell resulting in a subdural hematoma that caused him to be unconscious for several weeks.
Our client just finished eating in a well- known fast food restaurant, when she suffered an injury. Upon attempting to exit, she pressed on the push bar of the door and instead of the door releasing, the lock fell off. In turn, our client’s face was anchored onto the exit door and she broke her nose. After conducting research, we found that her injury was a result of the door being negligently bolted down.
Sexual Assault on College Campus
Our client was in her second year of college and living in a dorm room, when she was viciously attacked by a stranger. The trauma of the ordeal resulted in her withdrawing from school and suffering several setbacks. Through relentless tactics, we were able to show that proper security measures were not enforced, the assailant was a frequent threat to the campus and ultimately that the school failed to protect our client.
Sexual Assault Case
Our client was staying at a local motel in a small rural county in Georgia when she was sexually assaulted by a total stranger who gained access to her room by handing a key card to the desk clerk and asking her to re-code it. Our client suffered severe mental and physical injuries. We were able to prove at trial the hotel was negligent and at fault for failing to have a written procedure in place regarding hotel keys and failure to train its employees.
Sexual Assault of a Child
Our client attended a daycare facility where he was sexually assaulted by an older child who also attended the facility. Our client suffered severe post-traumatic stress disorder and required intense counseling. We were able to prove at trial that the defendants were negligent in supervising the children and the assault would not have occurred under proper supervision.
Large Truck Collision
Our client, a successful professional, suffered numerous catastrophic injuries when her sports utility vehicle (SUV)was struck head on by a large truck driven by the employee of a large asphalt company. At the time of the collision, the driver of the truck was eating breakfast and was distracted. Through the use of aggressive discovery tactics, we were able to determine that the company was negligent in failing to properly train the employee, who had a very unsafe driving record and had demonstrated that he was irresponsible. The case settled prior to trial.
Our clients were college students visiting friends in Atlanta when they were forced into a concrete median wall on the highway by a very large commercial truck. Our primary client suffered a traumatic brain injury that resulted in memory loss and was unable to maintain a fulltime status in college. Through aggressive tactics we were able to show the driver of the truck was negligent.
Motor Vehicle Accidents
SUV Rollover and Vehicle Related Rode Debris
The Driver of a sport utility vehicle (SUV) was killed and his two young sons were injured when his SUV rolled over after he attempted to avoid striking a clothes dryer that had not been properly secured in the bed of a pickup truck after it was purchased at a department store. We were able to prove that the department store was negligent in failing to secure the dryer before the truck left its premises and also that the roof structures of the SUV were not properly designed to withstand the forces of a foreseeable rollover accident
In October of 2001, six people were killed and numerous others were injured when a bus crashed in Tennessee after the driver was attacked by one of its passengers. We were hired by the families of three passengers who died in the crash. We uncovered evidence that during the five previous years, the company’s bus drivers had been attacked by passengers at a rate of at least once per month. Despite these attacks, the company negligently failed to provide a shield which would have prevented passengers from reaching and being able to attack its drivers. In the face of this evidence, the company offered a pretrial settlement.
Automobile Post Collision Fuel Fed Fire
We were hired to represent a Florida Highway Patrol officer who suffered second and third degree burns over some 60% of her body when her patrol car burst into flames after it was rear-ended by a drunk driver. The manufacturer of the patrol car settled the case after we obtained evidence that it knew that the vehicle was susceptible to post collision fuel-fed fires but failed to relocate the fuel tank from a position behind the rear axle to a position between the front and rear axles.
Our client was broadsided by a reckless driver, causing her vehicle to derail into a puddle of water and then collide with a large tree. She suffered several severe injuries, including a broken leg.
Our client was rear-ended and had to have back surgery. The vehicle that hit our client had an umbrella policy that allowed for us to get a total settlement amount of $1,125,000.
Nursing Home Neglect
Nursing Home Neglect and Abuse
Our client’s mother died from pneumonia and sepsis in a nursing home. The infections began as a urinary tract infection from a neglected indwelling catheter. The discovery we conducted in the case revealed that the nursing home had a history of neglect and a high risk of infection due to poor infection control.
A client who was bed bound and in the trusted care of a nursing home, suffered a slip and fall in the presence of the nursing staff. Shortly after her fall, she developed a decubitis ulcer that ultimately led to her death.
Our client’s mother was mistreated while in the care of a nursing home. One of her injuries included, being dropped by staff and breaking her leg. We were able to prove that the staff had a history of mistreatment and rough handling of its residents.
Pedestrian Killed by Unsecured Materials
We represented a family who lost their mother when metal pipes, which were unsecured, blew off the back of a truck as it traveled on a major highway. The metal materials struck our client, a mother of five, in the head. Unfortunately, our clients’ mother, who was walking on the side of the road, was pronounced dead within hours of first being struck. The case settled prior to trial.
Wrongful Death by Food Poisoning
Our client attended a company sponsored event where food was supplied by an outside vendor. The client was allergic to shellfish. The catering company misinformed our client that one of the dishes provided did not contain shellfish, when in fact it did. The client had a severe allergic reaction which resulted in her death. We were able to prove the catering company was negligent.
Burn Injury by Scalding
Our client was the resident of a seniors’ tower in metro Atlanta. The owners had renovated almost the entire building, except the major systems, including the elevators, HVAC, electrical and plumbing systems. The boiler system which supplied hot water to the residents of the building did not have a thermostatic mixing valve on its supply side to prevent water from being supplied to the residents at scalding temperatures. Our client, who was elderly and suffered from diabetic neuropathy in her legs, was burned over 20% of her body when she sat down in a tub of scalding water. Through discovery, we were able to show that although the owners were aware that there was a high risk of scalding, they chose not to modernize the hot water system and make it safe for residents.
A government employee “blew the whistle.” In an act of retaliation, our client’s pay was reduced. We filed suit on behalf of our client and we were able to collect not only our client’s back-pay but we were able to collect future wages and compensatory damages for the financial and emotional distress that our client suffered.
We represented two individuals, who were arrested as a result of an illegal business practice by a rent-to-own business. Specifically, the retail business engaged in the practice of swearing out warrants for theft against its customers who had fallen behind with their monthly payments. Our clients spent one and two days in jail, respectively.