Skip to main content
Hubert E. Hamilton III
Avvo
Pro

Hubert Hamilton’s Legal Cases

9 total

  • Currie v. Farmer

    Practice Area:
    Motorcycle Accident
    Date:
    Mar 11, 2010
    Outcome:
    $792,500 Jury Verdict for Plaintiff
    Description:
    A 39 year-old self-employed roofer/sheet metal fabricator was injured in a bad wreck when he took his Harley motorcycle out for a ride over to his mother’s house. As he cruised along Highway 341 near Chickamauga, Georgia at a safe speed, a Buick Skylark, driven by an 88 year-old man, suddenly turned left directly in front of him. The impact shattered the plaintiff’s left ankle. The orthopedic trauma surgeon was able to use steel plates and screws to put the bimalleolar ankle fracture dislocation back together, but the plaintiff was left with a painful arthritic ankle with limited mobility. The jury provided $50,000 for medical expenses, $37,500 for lost earnings to date, $379,000 for future lost earnings, $20,000 for pain and suffering to date, plus $306,000 for future pain and suffering. The biggest challenge faced was overcoming sympathy for the defendant, who appeared in court in a wheelchair, after defense counsel made a big show of the fact that the defendant was ill. Judge Peppers prohibited further appeals to sympathy and the jury took seriously admonitions not to let “outside reasons” influence their determination of the proper amounts of money required to balance out the harms and losses the plaintiff suffered. Walker State Court.
  • Phyllis A. Bradley v. Toys “R” Us – Delaware, Inc.

    Practice Area:
    Personal Injury
    Date:
    Mar 07, 2012
    Outcome:
    Verdict of $40,651.78 for the Plaintiff
    Description:
    Plaintiff had been struck in the head by a falling stroller at the Toys R Us store on Highway 153 in Chattanooga on September 2, 2008. Toy R Us admitted liablity but contested the nature and extent of injury. She suffered from head pain and burning on her head, with electrical like zaps. The medical term for these conditions is posttraumatic injury to the nerve, scalp region which is resulting in the abnormal dysesthesias, paresthesias, with characteristics of complex regional pain syndrome, according to Dr. David Rankine. Hamilton Circuit Court, Chattanooga, TN.
  • Pierce v. Lookout Property Management, Catoosa Superior Court

    Practice Area:
    Personal Injury
    Date:
    Aug 09, 2013
    Outcome:
    Settled for Confidential Amount
    Description:
    Severe ankle fracture due to fall on ramp at apartment complex in Ft. Oglethorpe, GA. Plaintiff’s architectural expert testified that ramp violated numerous provisions of both the International Building Code (IBC) and the Georgia Accessibility Code, including that that handrails continue to the bottom of the ramp and then extend at least 12” beyond the bottom of the ramp (IBC2006 1010.8 and 1012.5). The allowable cross slope for a ramp is only 2% (IBC2006 1003.5), but the flared side of the concrete portion of the ramp where Plaintiff turned her ankle had a steep slope of 48 degrees. The concrete portion of the ramp also lacked any edge protection (IBC2006 1010.9.1) and there was a crack between the metal and the concrete which appeared to violate IBC2006 1002. All such ramps are supposed to have a flat landing at the bottom as well, level with the sidewalk (IBC2006 1010.6). There are corresponding provisions of Georgia Accessibility Code 120-3-20-.19 for each of the IBC provisions. Plaintiff contended that what happened to her was exactly what the various Code requirements and standards were designed to prevent – a fall.
  • Beck v. FM Global, et al, Case No. 11VS184780C, Fulton State Court, Atlanta, Georgia

    Practice Area:
    Defective and Dangerous Products
    Date:
    Dec 01, 2011
    Outcome:
    Settled for Confidential Amount
    Description:
    A boiler service technician sustained severe head, brain and facial injuries in a boiler explosion at a poultry plant in Gainesville, Georgia on January 14, 2008, The plaintiff was an employee of a boiler service company who was sent to switch fuel supply for the boiler from gas over to fuel oil. The boiler supplied steam for the plant, and they wanted to maintain pressure while the change over to oil took place. Investigation of the explosion by the Georgia Department of Labor determined that the oil supply and return lines had been reversed, causing an excessive accumulation of fuel in the hot boiler as Mr. Beck attempted to fire the burner on oil. The burner had not been fired on oil since a new boiler was installed two years before. Plaintiff contended that the lines had been reversed when the new boiler was installed by another boiler service company, and that the manufacturer of the burner had supplied a defective manifold making it possible to inadvertently reverse the lines at the point of attachment to the burner. The boiler inspection company which had last inspected the boiler prior to the explosion was also named as a defendant.
  • Michael Nordone v. RSB Logistics, No: 4:08-cv-2-HLM, U.S. District Court, Northern District of Georgia.

    Practice Area:
    Trucking Accident
    Date:
    Jun 30, 2010
    Outcome:
    $1,100,000 Settlement
    Description:
    Battling against strong headwinds, including an unfavorable report by the investigating state trooper, a client who could not remember what happened, and very inconsistent statements from the only eyewitness, settlement was reached after mediation. The Plaintiff was self-employed, performing high-end woodworking and remodeling when this wreck occurred on January 31, 2006. He was returning home from a job site in Dalton, GA, accompanied by an employee, in a modified 2003 F350 work truck when they were rear-ended by the RSB tractor-trailer, driven by a 70 year old driver, as they were northbound on I-75. The truck driver claimed that the plaintiff cut in front of him, moving suddenly from the right lane to the middle lane, and then slowed down so he could not avoid the wreck. The only eye-witness, the employee riding in plaintiff’s vehicle, had given different versions of what happened, so his value as a witness had been seriously compromised. However, the plaintiff’s case was aided by inconsistent data downloaded from the electronic control module (ECM) in the RSB truck. In addition, no data was found on the restraint control module (RCM) in the plaintiff’s truck when RSB’s expert attempted to download the data shortly after the wreck. This raised suspicion of improper downloading or even spoiliation.
  • Norma O'Neal v. Nationwide Insurance Co.

    Practice Area:
    Insurance
    Date:
    Nov 09, 2011
    Outcome:
    Verdict for the Plaintiff totaling $784,676.65
    Description:
    Fire Loss case, Circuit Court of Hamilton County, Tennessee. The fire originated in a Christmas tree that Mrs. O’Neal had just put up the night before the fire in December 2009. Nationwide refused to pay, contending that a family member had intentionally set the house on fire. The jury concluded otherwise as Plaintiff’s expert had found a melted plug blade in an electrical receptacle adjacent to the tree that Nationwide’s expert had missed. The evidence suggested an electrical origin due to a short or arcing at the receptacle. The verdict included a bad faith penalty of 18%.
  • Silicone Breast Implant Cases

    Practice Area:
    Personal Injury
    Outcome:
    Dozens and dozens of successful settlements
    Description:
    Millions of dollars recovered for numerous women whose bodies were damaged by silicone breast implants.
  • Thomas L. Cates & Erika R. Cates v. Babb Lumber Company, Catoosa Superior Court, 2012-SU-CV-1692.

    Practice Area:
    Personal Injury
    Date:
    Oct 16, 2013
    Outcome:
    Settled at mediation for $500,000.
    Description:
    On October 12, 2010 the Plaintiff, Tommy Cates, a fuel truck driver for Parman Energy made a routine delivery to Babb Lumber in Ringgold, GA. After making his deliveries to their storage tanks, some gas was left over and Babb Lumber wanted the remaining gas pumped into an old 1972 Ford F600 truck they used around the yard to haul shavings from one location to another. The truck was not operated outside the yard, and had no license tag. Plaintiff was outside his truck tending to some levers and valves on the side of the fuel truck, when he was suddenly struck in the back and pushed into the side of the fuel truck. He had been hit by the old Ford truck Babb’s driver was bringing down to be topped off. Fortunately, due to the angle of impact, Cates was not crushed, but he was knocked up against his own truck and then thrown to the side. Babb’s driver claimed that as he approached the fuel truck and tried to bring it to a stop, “the brake went to the floor,” and afterwards, they claimed that the master cylinder was “very low” on brake fluid. They could not say, however, when the brakes had last been serviced, and he did not keep any service records on that truck. It was admitted that they did not run the truck “out on the street because it was dangerous.” The impact injured Plaintiff’s low back and eventually he underwent surgery after months of consevative treatment. He was not able to return to work as a fuel truck driver.
  • Arch Chemical Fire Case Settled for Confidential Sums

    Practice Area:
    Personal Injury
    Date:
    Jan 10, 2014
    Outcome:
    Settled
    Description:
    On June 12, 2011, a fire broke out in the chlorine rework process area of the HTH building at the Arch Chemical plant in Charleston, Tennessee. Arch Chemicals manufactures chlorine products for swimming pools, working in close association with Olin Corporation, which is located on the same property. Very quickly heat, chlorine gas and smoke filled the building and were soon boiling out of the roof vents several floor above. Four ironworkers employed by BIS Frucon Industrial Services, who were building a scaffold on the roof of that building, were trapped on the roof above the fire. The men immediately donned their respirators and tried to escape, but the heat, gas and smoke was intense and visibility was very limited. Escape routes were engulfed in heat, gas and smoke. Eventually all of the men were able to escape the roof and get to safety, but three had sustained very serious injuries, including burns, lung damage, and orthopedic injuries due to falling while trying to escape. The fire had spontaneously ignited in HTH chlorine products that were being stored by Arch Chemicals in plastic rework totes. Rapid decomposition caused spontaneous ignition and the fire broke out. Plaintiffs alleged that Arch Chemicals had stored an excessive number of plastic totes in the area which caused the fire and that there was no fire suppression system in place or that it failed to function properly. Arch Chemical and Olin Corporation were supposed to cooperate and coordinate responses in the event of an emergency situation through their Emergency Response Teams, but neither of them sounded an evacuation alarm until it was too late for the Plaintiffs. And to make matter worse, first responders from Bradley County were held up at the gate upon arrival at the plant. Plaintiffs filed suit in Bradly County Circuit Court but the defendants removed the case to Federal Court in Chattanooga, Robert Dan Green, et al v. Arch Chemicals, Inc., Olin Corporation, et al, 1:12-CV-00220, U.S. District Court (E.D. Tenn.). The case presented complex issues concerning the liability of the various defendants, which included both Arch and Olin and Olin’s security contractor, Securitas, as well as exclusive remedy under Tennessee law. It was settled after mediation in January 2014, under a confidentiality agreement that prohibits disclosure of the amount paid to each of the Plaintiffs.