Attorney Howard Gardner Butler's Legal Cases

Wrongful death

Multi-million dollar wrongful death from electrocution

Dec 02, 2013

OUTCOME: Settlement

Electrocution of a 55 year old Orlando man using a long handled Fruit Harvester. Howard G. Butler of the Butler Law Group was hired by the family of the deceased who was killed while picking avoca ... dos from a tree in his backyard using a long handled fruit harvester which inadvertently contacted an obscured power line. The product did not identify its' manufacturer and was made of a highly conductive metal which was covered by a nylon-polymer coating. Investigation revealed the identity of the Commercial Seller and a lawsuit was filed asserting that the product was unreasonably dangerous. Shortly prior to jury selection a confidential settlement was reached.

Personal injury

Confidential Settlement reached after 1 week of trial in student wrongful death

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OUTCOME: Confidential Settlement

In late March 2010 a 15 year old Ohio student was struck and killed on her cul de sac by a school bus while walking to her own bus stop. Local authorities determined that darkness and rain contributed ... to the accident and did not cite the driver or her commercial school bus company that employed her. The Ohio Bus Company, one of the largest employers in the region, asserted that they and their driver did nothing wrong and blamed the students walking in the cul de sac for her death. Under Ohio law motor vehicles generally owe no duty to pedestrians who must yield the right of way to motorists and victims found to be 51% negligent recover nothing. The students family retained Howard Butler of the Butler Law Group to represent them along with co-counsel Brad Barbin of Columbus Ohio. A lawsuit was filed in nearby Hamilton County Ohio and over the next two years evidence was developed that the subject School Bus and its professional Driver were aware that this was a "high alert" area and that they both were subject to certain Federal and State driver safety rules which, if followed, would have prevented this tragic death. After successfully defeating the summary judgment sought by the Defendants who asserted that this lawsuit "never should have been brought" the case proceeded to trial in southern Ohio. After 1 week of a 2 week trial a confidential settlement was reached between the parties.

Personal injury

Defective Handicap Ramp Lawsuit Settlement

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OUTCOME: Settlement

A 66 year old retired client was injured (non-surgical neck injury and concussion) while attempting to assist her wheelchair dependent spouse exit a commercial building via a handicap ramp. Investigati ... on by the Butler Law Group revealed that the ramp did not meet the minimum standards required by the ADA, Fla ADA or the Florida Building Code. Howard Butler Esquire filed suit and established during discovery that the building owner knew of the defect and chose not to rectify same after several occasions though legally obligated to do so. In 2012 the building owner demolished the non-handicap accessible entrance and installed a new ADA compliant ramp with proper slope, flat landings and handrails as required. Shortly before trial they then settled the case for nearly eight times their final offer at mediation.

Wrongful death

Wrongful Death Settlement Reached in Defective Concrete Transporter Equipment Case

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OUTCOME: Confidential Settlement

Howard G. Butler, Esquire of the Butler Law Group recently reached a confidential settlement in a wrongful death case involving an unreasonably dangerous concrete transporter shortly before trial. The ... equipment operator had significant blind spots due to the particular design configuration and operational characteristics which contributed to the death of a co-worker. Discovery revealed that there was no human factor analysis performed during the design process nor any safety testing as to operator visibility issues.

Wrongful death

Settlement Reached for Pedestrian Struck By Car While Crossing Road

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OUTCOME: Six Figure Settlement

A 88 year old retired Philippino national resided in the US with his wife and adult children in NJ and Fla. While in Jacksonville he took the public transit to the Dog Track and was struck by a car whi ... le crossing the street and knocked to the ground. He refused any treatment at the scene and continued on to the Kennel where a few hours later he had a seizure, fell and died of a head injury. Diagnostic testing and later autopsy findings were consistent with the earlier motor vehicle accident causing the head injury versus a fall. The adverse driver had minimal auto liability coverage and denied any responsibility. The family retained Howard Butler, Esquire of the Butler Law Group to represent their interests and investigate what happened. Butler established that the adverse driver was in fact at fault for the collision and that the injuries were related to this trauma and recovered the adverse driver's policy limits. More importantly he was able to establish UM coverage under the resident relative provision of a NJ policy and secure a six figure policy limits recovery plus other benefits so as to separately satisfy a six-figure hospital bill, funeral expenses, etc

Howard Gardner Butler's Legal Cases (5)

Multi-million dollar wrongful death from electrocution

Confidential Settlement reached after 1 week of trial in student wrongful death

Defective Handicap Ramp Lawsuit Settlement

Wrongful Death Settlement Reached in Defective Concrete Transporter Equipment Case

Settlement Reached for Pedestrian Struck By Car While Crossing Road