Plaintiff was killed when his vehicle was struck by another vehicle that was towing a utility trailer. When the trailer reached highway speeds, it began to violently sway and the driver lost control an...d struck the decedent's vehicle. Plaintiffs filed suit against the driver of the vehicle that lost control and against the person that loaded the trailer and that person's employer. Decedent was 71 years old at the time of his death North Georgia.
Wrongful death
Fatal Motor Vehicle Accident
N/A
OUTCOME: $2,250,000.00 Settlement
The double death was the result of an intoxicated driver who crossed over the center line in Habersham County. After the initial collision, the Plaintiff was able to exit the vehicle; however, due to ...the timing of the collision and the lighting conditions, a second automobile was unable to avoid the wreckage. Habersham County
Trucking accident
Fatal Tractor-Trailer Collision
N/A
OUTCOME: $2,375,000.00 Settlement
Tractor-trailer collision resulted when the driver ran a red light at a traffic signal in Habersham County at the Lee Arrendale intersection. The wife of Plaintiff was critically injured and ultimately... succumbed to the violent impact. Habersham County
Trucking accident
Tractor-Trailer/Motor Vehicle Accident
N/A
OUTCOME: $2,500,000.00 Settlement
Tractor-trailer negligently turned into the path of an oncoming vehicle driven by Plaintiff. The tractor-trailer driver was overdue on his drop and had missed numerous opportunities to turn around. The... collision took place on Georgia Highway 365 in Hall County Georgia.
Birth injury
Child Birth Brain Injury
N/A
OUTCOME: $2,500,000.00 Settlement
Severe brain injuries were sustained during child birth due to lack of oxygen and failure to perform Cesarean section.
Trucking accident
Fatal Tractor-Trailer Collision
N/A
OUTCOME: $3,000,000.00 Settlement
Tractor-trailer collision on North Georgia Highway 365 / 985 that resulted in death.
Wrongful death
Wrongful Death
N/A
OUTCOME: Confidential Settlement
The family and attorneys for RODRIGO DIAZ announce that a confidential settlement has been reached. On January 26, 2013, Rodrigo Diaz was lawfully operating his automobile as he entered into the drivew...ay of 537 Hillcrest Road, the home of Defendant Phillip Sailors in Gwinnett County Georgia. Angie Rebolledo, the deceased's girlfriend, was a passenger in the car at the time. Phillip Sailors perceived that a home invasion was in progress. The complaint alleged that Phillip Sailor negligently discharged his handgun in a reckless manner. This alleged negligent act caused the unfortunate and untimely death of Mr. Diaz who was unarmed. At the time of the shooting, Mr. Diaz was not involved in or committing any crimes.
The claims asserted by Mr. Diaz were that Phillip Sailors owed a specific duty of care to him. Sailors allegedly breached that duty and the resulting death of Mr. Diaz occurred. The alleged breach of that duty was the proximate cause of the death of Mr. Diaz.
A more detailed recitation of the facts show that on January 26, 2013, Mr. Diaz was operating his car within the bounds of the law. He was following his electronic global position satellite system (GPS) when the GPS erroneously directed him to the driveway of the home of Phillip Sailors. Mr. Diaz turned his automobile around in the driveway and was leaving. Phillip Sailors feared a home invasion was in progress. A bullet from Mr. Sailor's handgun struck Mr. Diaz. Counsel for the Diaz family announce that the litigation has been resolved to the satisfaction of all the parties.
The parties were satisfied and agreed to a confidential settlement of all civil issues. This case was filed in May 2014 and settled prior to the answer and discovery becoming due. Gwinnett County
Wrongful death
Wrongful Death - Police Chase
N/A
OUTCOME: Significant Confidential Settlement
The law firm of McDonald & Cody, LLC in Cornelia, Georgia announces a significant settlement in the wrongful death of Mr. Riggins. The settlement was reached after expert Geoffrey Alpert gave his final... report. Geoffrey Alpert is an expert in the use of deadly force with an emphasis on police chase and “high speed pursuit”. Geoffrey Alpert is a professor in the Department of Criminology and Criminal Justice in South Carolina. Geoffrey Alpert has published numerous articles in the area of “high speed chase” and use of excessive force. It was due in large part to his expected testimony that the municipality tendered its full policy limits in this tragic death.
In 2010, there were an estimated 35,000 police pursuits across the United States. (Statistics compiled by the National Highway Traffic and Safety Administration's Fatality Analysis Reporting System, FARS, for 2010.) Nearly forty percent of those pursuits, or 14,000, resulted in crashes. Of that number at least half resulted in injuries. Additionally, there were 350 pursuit-related fatalities.
Gus McDonald and Gerald Cody have secured a significant confidential settlement in a “high speed chase” that involved the death of a Cornelia man. When innocent bystanders are killed, especially when there is a “high speed” chase, the families of the victim are left to wonder why the chase began initially.
Wrongful death
Wrongful Death - Fatal Boating Accident
N/A
OUTCOME: Cash Policy Limits Settlement
The Law Firm of McDonald & Cody, Gus McDonald and Gerald Cody recently filed a complaint in Cherokee County on behalf of the estate of Kendall Mann who, at the time of his death, was a resident of Nort...h Georgia. Kenneth Mann died on September 12, 2014. On August 25, 2012, at approximately 2:30 in the afternoon, the deceased Kenneth Mann was fishing on Lake Seed in Rabun County, Georgia with his granddaughter. The Defendant was operating a large vessel on Georgia's Lake Seed on the same day and at the same time. A collision occurred between the boat navigated by the Defendant and Kenneth Mann due to the fact that the Defendant had not sufficiently planned (could not see over the bow) his boat to allow a view over the bow.Gus McDonald and Gerald Cody alleged that the mortal wounds caused by the boating collision on Georgia's Lake Seed were directly and proximately caused by the Defendant through negligent operation of the Defendant's vessel. All parties conceded that the deceased Kenneth Mann was not at fault in this boating collision. The deceased Kenneth Mann did nothing to contribute to his injury from this collision. Gus McDonald and Gerald Cody alleged the following damages for which his Estate was entitled to recover for the shock, fright and terror of the father, Kenneth Ray Mann, experienced prior to his death; all components of the mental and physical pain and suffering endured by father, Kenneth Mann, during the boat collision and up until the time of death; the full value of the boat that the deceased Kenneth Mann was operating at the time of the boating collision; and funeral and burial expenses.
Car accident
Motor Vehicle Accident
N/A
OUTCOME: $1,675,000.00 Verdict
Plaintiff and his family were arriving home from church when he was violently struck from the rear by the operator of a 2010 BMW in Rabun County. The driver was later found to be intoxicated at the sce...ne. The injuries required surgery. Rabun County
