The following representative results have been realized in various cases handled over Mr. Overby's career. These cases have occured in various states around the country and most have been litigated in various state and federal courts, but a few involved settlements without litigation.
Mr. Overby's clients have obtained more than 30 verdicts and settlements grossing $1,000,000 or more. His clients have obtained more than 30 verdicts and settlements grossing $500,000 or more, and more than 57 verdicts and settlements grossing $100,000 or more. In addition to those specific results listed, a number of other cases are listed as representative results to illustrate various types of cases successfully handled to a conclusion. These results which are listed herein are not comprehensive nor inclusive of successful results realized in other cases handled during his career which are not listed herein.
| $130,000.00 | Vehicular Collision/Personal Injury
Final Settlement (Paid in Cash) - 8/16/07
Grumman v. Tull, et al.
Plaintiff sustained injuries to her back, right shoulder and knee when Defendant's vehicle attempted to make a left hand turn and pulled into the path of Plaintiff's vehicle. Total final settlement amount included payment of liability insurance limits by the at-fault motorist, collection of stacked med pay benefits and an additional payment from the UIM carrier. |
| $119,805.00 | Vehicular Collision/Personal Injury
Final Settlement (Paid in Cash) - 7/31/07
Baker v. Vogel, et al.
Plaintiff sustained injuries including a fractured wrist, concussion and broken teeth when another vehicle failed to maintain a proper lookout and turned in front of Plaintiff's vehicle thereby causing a violent collision. Settlement included payment of policy limits by liability insurer of at-fault motorist, plus additional UIM benefits. |
| $125,000.00 | Vehicular Collision/Personal Injury
Final Settlement (Cash Payments) - 6/27/07
Woodham v. Hoskins, et al.
Minor female sustained fractures/dislocations in her cervical and thoracic regions when the vehicle she was a passenger in was rear-ended by another vehicle causing it to crash into the rear of yet another vehicle. Settlement included payment of policy limits of at-fault driver, plus additional sums paid by two UIM carriers. |
| $140,000.00 | Vehicular Collision/Personal Injury
Cash Settlement - 6/26/07
Reed v. Lewis, et al.
18 year old Plaintiff sustained injuries when the Defendant lost control of the vehicle in which Plaintiff was a passenger. Plaintiff was ejected from the vehicle as it rolled and was knocked unconscious. Settlement included payment of policy limits under liability policy of at-fault driver, plus payment of stacked UIM insurance policy limits and stacked medical payment limits. |
| $205,073.00 | Vehicular Collision/Personal Injury
Cash Settlement - 12/28/06
Johnson v. Dietz, et al.
Automobile collision where tortfeasor crossed centerline in icy conditions, causing orthopaedic injuries. |
| $___________ | Dump Truck Collision/Wrongful Death
Cash Settlement - 9/25/06
Fischer,et al. v. Unnamed Corporation
Wrongful death of a young man when a company dump truck lost control, crossed the centerline and violently struck his vehicle. In addition to payment of policy limits on dump truck (which were apportioned between Plaintiff and another claimant who survived), stacked UIM limits covering Plaintiff were also collected, plus a worker's comp settlement. |
$500,000.00 | Vehicular Collision/Personal Injury
Cash Settlement - 4/14/06
Blakely v. Hurtsboro Trucking Company, Inc., et al.
Back injuries sustained by pedestrian. As Plaintiff/pedestrian was rendering assistance to the driver of a stopped vehicle, he was violently struck by a vehicle placed in motion due to a chain reaction collision caused by a tractor trailer rig. |
$550,000.00 | Construction Site Fall/Personal Injury
Cash Settlement - 3/22/06
Nunez v. Southern Decorative Concrete, Inc., et al.
Plaintiff sustained fractures to both wrists and also sustained injuries to his back and shoulder when he fell approximately 40 feet after a beam gave way due to bolts/metal supports being improperly installed by a different subcontractor. |
$1,101,071.60 | Motorcycle Collision/Wrongful Death
Cash and Structured SettlementCombination
(present cash value of $500,000.00) - 12/19/05
Riggins v. All Star Pest Control, et al.
Wrongful death of a 27 year old man when a commercial vehicle backed out of a driveway directly into the path of his motorcycle. |
| $___________ | Airplane Crash/Wrongful Death
Cash Settlement - 12/15/05
Doe v. Unnamed Defendant
Confidential settlement for liability limits of private aircraft policy, when private plane struck a mountain due to pilot error. |
|
$2,245,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 9/30/05
Gamez v. Yancey's Mobile Home Moving, Inc., et al.
Plaintiff sustained a traumatic brain injury when her vehicle collided with a mobile home toter who was attempting to travel through a construction area with its wide load. |
$300,000.00 | Tractor Trailer Collision/Personal Injury
Cash Settlement - 6/20/05
Fillingim v. Crews Environmental, Inc., et al.
Plaintiff sued trucking company after his vehicle was struck by their tractor trailer rig. Plaintiff sustained back injuries requiring surgery. |
|
$____________
| Premises Liability
Cash Settlement - 6/16/05
Doe v. Unnamed Corporate Defendants
Confidential settlement in favor of family of woman abducted by a third party criminal from a regional shopping mall. Claims were brought against mall owner and mall management company based on negligent provision of inadequate security. Settlement amount and terms sealed at the request of the parties. |
$2,999,569.69 | Commercial Vehicle Wreck/Wrongful Death
Cash and Structured Settlement – 3/3/05
Doe v. Unnamed Corporation and Truck Driver
Wrongful death action and survival action brought on behalf of surviving parents of 15 year old boy who died in an intersection collision with a truck operated by an agricultural corporate concern. Damages sought for grief to survivors in addition to other damages under law. Settlement is confidential at Defendants’ request. (Present cash value $2,010,398.29) |
|
$____________
| Medical Negligence/Wrongful Death
Structured Settlement – 2/7/05
Doe v. Unknown Medical Center and Emergency Room Physician
Wrongful death of a 13 year old boy occurred as a result of neglect and substandard care when the hospital and emergency room physician failed to properly treat a stab wound. Amount and terms of the settlement are confidential at Defendants’ request. (Served as co-counsel for Plaintiff in this case.) |
$126,250.00 | Slip and Fall/Personal Injury
Cash Settlement - 2/3/05
Jones v. Dill's Galaxy, Inc.
Plaintiff sustained a fractured elbow when she was leaving a grocery store and slipped on worn tile which caused her to fall. |
$90,000.00 | Tractor Trailer Collision/Personal Injury
Cash Settlement - 11/11/04
Lofty v. Reliance Transportation, Inc., et al.
Plaintiff sustained a fractured femur and various lacerations when the vehicle he was a passenger in collided with a tractor trailer when it drifted into their lane. Insurance carrier paid $40,000.00 with underinsured motorist carrier paying the balance of the recovery. |
$140,517.35 | Vehicular Collision/Personal Injury
Verdict - 10/21/04
Peck v. Hylite Painting, Inc.
Plaintiff sustained orbital blowout fracture and his minor daughter was slightly injured when drinking driver crossed centerline and hit them head-on. Negligent entrustment of vehicle by company, drunk driving and punitive damages. $50,000.00 in punitive damages against drunk driver. Case was settled subsequent to verdict without an appeal. |
$175,000.00 | Dump Truck Collision/Personal Injury
Cash Settlement - 10/5/04
Burt v. Columbus Construction Co., et al.
Plaintiff sued trucking company when its dump truck made a right turn from the left hand lane of travel and collided with the motorcycle driven by Plaintiff. |
$150,000.00 | Vehicular Collision/Personal Injury
Cash Settlement - 9/20/04
Stander v. Love
Back injuries in auto wreck. $50,000.00 collected from underinsured motorist carrier by stacking underinsured motorist coverage. Balance recovered from liability insurance carrier for at-fault party. Suit never filed as liability insurer tendered all available insurance. |
|
$140,000.00
| Vehicular Collision/Personal Injury
Cash Settlement - 7/22/04
Diberardinis v. Amco Insurance Company and Shanholtzer
23 year old Plaintiff sustained a broken femur in an automobile collision. Insurance carrier paid policy limits of $50,000.00 with underinsured motorist carrier paying the balance of the recovery. |
|
$____________
| Clergy Sexual Assault
Cash Settlement - 6/30/04
Unnamed Plaintiff v. Unnamed Church Body
Cash settlement of claims based on clergy sexual assault of college age student. Amount, identity of the parties and terms are confidential at Defendants' request. |
|
$1,310,715.00
| Tractor Trailer Collision/Wrongful Death
Cash and Structured Settlement Combination (present cash value of $875,000.00 with partial structure for children) - 6/8/04
Moore v. Estes Express Lines, et al.
Wrongful death of a 34 year old man occurred when he collided with a tractor trailer rig which was involved in chain reaction collision which started because Defendants were driving in conditions with poor visibility. |
|
$78,919.59
| Dog Bite/Personal Injury
Cash Settlement - 6/3/04
Webb v. Warren
9 year old child sustained injuries when attacked by a dog while visiting a friend's home. Claim was prosecuted against parents for failing to properly supervise the visiting child. |
|
$150,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 5/24/04
Jenkins v. Tire King of North Columbus, Inc., et al.
Plaintiff sued company after their vehicle ran a red light and violently struck her vehicle. Injuries to back requiring surgery. |
|
$____________
| Clergy Sexual Assault
Cash Settlement - 4/12/04
Unnamed Plaintiff v. Unnamed Church Body
Cash settlement of claims based on clergy sexual assault of college age student. Amount, identity of the parties and terms are confidential at Defendants' request. |
|
$100,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 4/9/04
Woodham v. Hoskins, et al.
Seventeen year old student sustained injuries to neck, shoulder and collarbone in rear end collision. Additional underinsured motorist insurance claims still pending. |
|
$101,000.00
| Premises Liability/Defective Decking/Personal Injury
Cash Settlement - 2/23/04
Craft v. Essien
Policy limits settlement for invitee who fell through defective deck while moving furniture, injuring both knees which required surgery. |
|
$185,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 12/30/03
Snider v. Alford
A driver failed to yield at an intersection causing a collision. Plaintiff sustained scarring to his eyelid and forehead requiring surgery. |
|
$95,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 10/15/03
Owens v. Electric City Transport, Inc., et al.
A 47 year old woman was struck by a tractor trailer rig in a blind curve on a mountain road and sustained injuries to her neck and spine. |
|
$70,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 9/2/03
Kennedy v. U-Haul Co. of Nevada, Inc., et al.
A 78 year old truck driver was stopped at a red light when a vehicle pulling a U-Haul trailer struck a vehicle in turn causing said vehicle to strike Plaintiff's truck. |
|
$1,050,000.00
| Vehicular Wreck/Wrongful Death
Cash Settlement - 8/29/03
Washington v. U-Haul International, Inc., et al.
Wrongful death of a 14 year old girl who was killed when the vehicle she was a passenger in was struck by a U-Haul trailer which had come unhooked from a U-Haul truck while traveling down the roadway. |
|
$275,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 8/29/03
Bebeau v. Raiford Coal and Building Supplies, Inc., et al.
Plaintiff sued company after their vehicle failed to yield the right-of-way and violently struck her vehicle. Injuries to discs, but no surgery. |
|
$142,500.00
| Tractor Trailer Wreck/Pedestrian/Personal Injury
Cash Settlement - 8/18/03
Flood v. AAA Delivery Service, Inc., et al.
Plaintiff sued trucking company after its speeding tractor trailer literally ran over Plaintiff, who was trying to render aid to two other people stopped by the roadway. |
|
$57,500.00
| Slip and Fall/Personal Injury
Cash Settlement - 7/21/03
Messner v. Restaurant Concepts, II, LLC
Plaintiff was leaving the restaurant when she slipped on a rock in the parking lot which caused her to fall. |
|
$___________
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 4/17/03
Abbott v. M&M Trucking Co., Inc., et al.
Plaintiff sued trucking company after their tractor trailer violently struck her vehicle from the rear. Amount of the settlement is confidential at Defendants' request. |
|
$1,414,526.68
| Tractor Trailer Wreck/Wrongful Death
Cash and Structured Settlement Combination (present cash value - $750,000.00) - 2/21/03
Creel, et al. v. Capital City Hauling & Rigging, et al.
Wrongful death of a 46 year old conservation ranger occurred when Defendant's tractor trailer rig ran through a red light and violently struck the driver's side of decedent's vehicle. Insurance policy limits of Defendants were paid. |
|
$155,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 2/13/03
Barfield v. K & D Trucking, et al.
Plaintiff sued trucking company after their tractor trailer crossed the centerline violently striking Plaintiff's vehicle. Injuries to Plaintiff's lumbar spine. |
|
$100,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 1/16/03
Jones v. L.I.B. Express, et al.
Plaintiff sued trucking company after they attempted to back said tractor trailer rig across Plaintiff's lane of travel in spite of the fact that it was dark and that there was limited visibility due to the topography of the roadway. Plaintiff could not see the tractor trailer rig blocking her lane of travel until it was too late. She braked, but was unable to avoid striking the rig blocking her lane of travel. |
|
$540,000.00
| Tractor Trailer Wreck/Wrongful Death
Cash Settlement - 12/13/02
Smith v. Fallen Star Express, Inc., et al.
Wrongful death of a 61 year old man occurred when trucking company's tractor trailer attempted to make a wide turn and crossed both lanes of traffic pulling into the oncoming lane of traffic and directly into the path of decedent's vehicle. Liability insurance limits were paid among various claimants, including our client's family. |
|
$60,000.00
| Slip and Fall/Personal Injury
Cash Settlement - 12/11/02
Woodard v. Fiesta Motel
Plaintiff was in the parking lot of the motel when her foot caught the uneven raised portion of cement throwing her forward, injuring her arm/shoulder. |
|
$4,013,687.00
| Tractor Trailer Wreck/Personal Injury/Quadriplegia
Cash Settlement - 9/30/02
Doe v. Unnamed Timber Company, Timber Harvester and Automotive Repair Shop
Plaintiff, a 21 year old young man serving in the U.S. Army, sued after a wheel came off of the logging rig and landed on the roof of his pickup truck, crushing the roof and rendering him a quadriplegic. |
|
$480,000.00
| Dump Truck Wreck/Personal Injury
Cash Settlement - 8/26/02
Burt v. Mark Robinson Hauling, et al.
The 74 year old Plaintiff sued trucking company when its dump truck made a wide left turn in the roadway blocking both lanes of travel, leaving Plaintiff without adequate room to safely maneuver his pickup truck around the large dump truck. |
|
$___________
| Large Truck Wreck/Wrongful Death
Cash and Structured Settlement Combination - 5/20/02
Peters v. Petroleum Transport, et al.
Wrongful death of a man who was killed when his vehicle collided with a gasoline tanker truck that had ran out of fuel and stopped in the roadway. Amount of the settlement is confidential at Defendants' request. |
|
$76,800.00
| Motorcycle Wreck/Personal Injury
Cash Settlement - 4/30/02
Foley v. Estate of Joe Ramsay, et al.
Plaintiff was injured when the motorcycle she was a passenger on with Joe Ramsay collided with a mini-van. |
|
$50,000.00
| Dump Truck Wreck/Personal Injury
Cash Settlement - 4/17/02
Macon v. Mann's Building Supply, et al.
Plaintiff sued trucking company when their dump truck sought to make a right turn and turned into Plaintiff's lane of travel causing a violent collision, as the dump truck ran over the front of Plaintiff's truck. |
|
$50,000.00
| Vehicular Wreck/Personal Injury/Drunk Driver Defendant
Cash Settlement - 4/11/02
Kane v. Barna
Plaintiff sued Defendant after he attempted to pass Plaintiff on the left side, lost control and broadsided Plaintiff's vehicle on the driver's side. Plaintiff sustained soft tissue injuries. |
|
$700,000.00
| Tractor Trailer Wreck/Wrongful Death
Cash Settlement - 3/19/02
Cayce, et al. v. Newell Recycling of Atlanta, et al.
Wrongful death of a 45 year old woman occurred when Defendant's tractor trailer pulled directly into decedent's lane of travel without adequate lighting on a defectively maintained flatbed trailer. |
|
$___________
| Vehicular Wreck/Personal Injury/Drunk Driver Defendant
Cash Settlement - 2/13/02
Garwood v. Kittler
Plaintiff was injured when Defendant, a drinking driver, lost control of his vehicle in which Plaintiff was a passenger causing said vehicle to stray off the side of the road and over an embankment. Amount of the settlement is confidential at Defendant's request. |
|
$50,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 11/28/01
Roland v. Campbell/Dennis
Plaintiff was injured when her vehicle collided with Defendants' vehicle after it failed to stop at a red light. |
|
$50,000.00
| Dump Truck Wreck/Personal Injury
Cash Settlement - 11/8/01
Hood v. Mann's Building Supply, et al.
Plaintiff sued trucking company when their dump truck sought to make a right turn and turned into the lane of travel of the vehicle in which Plaintiff was a passenger causing a violent collision, as the dump truck ran over the front of said vehicle. |
|
$250,000.00
| Defective Highway Maintenance/Wrongful Death
Cash Settlement - 2/2/01
Thomas, et al. v. Georgia Department of Transportation
Wrongful death of a man occurred when he lost control of his vehicle due to loose gravel that had been spread on the roadway by State Highway Department. |
|
$550,000.00
| Defective Highway Maintenance/Wrongful Death
Cash Settlement - 12/19/00
Estate of Aaron Eldredge v. Troup County, Georgia
Wrongful death of a young boy occurred when the vehicle he was a passenger in lost control and slid off the road due to defectively maintained pipes/ditches. |
|
$85,000.00
| Defective Highway Maintenance/Personal Injury
Cash Settlement - 12/19/00
Elijah Eldredge v. Troup County, Georgia
Plaintiff sustained injuries when the vehicle he was a passenger in lost control and slid off the road due to defectively maintained pipes/ditches. |
|
$___________
| Crash in Automobile Racing Contest/Vehicular Collision/ Personal Injury to Sports Participant
Cash Settlement - 8/30/00
Jenkins v. National Hot Rod Association, Inc.,et al.
Plaintiff sustained severe injuries and burns when his vehicle was struck by another vehicle on a race track causing Plaintiff's vehicle to flip and gasoline to flow out of the tank because race track personnel did not securely fasten the gas cap after filling the vehicle. Amount of the settlement is confidential at Defendants' request. |
|
$300,000.00
| Premises Liability/Personal Injury
Cash Settlement - 6/12/00
Renfroe v. Wal-Mart Stores, Inc.
Plaintiff sustained severe injuries when an overhead door that had been raised fell on him while making a delivery. |
|
$136,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 2/14/00
Diggs, et al. v. Environmental Industries, Inc., et al.
Plaintiffs sustained injuries when their vehicle was violently struck from the rear by Defendant's vehicle causing Plaintiffs' vehicle to slam into the retaining wall. |
|
$___________
| Rape/Prior Sexual Abuse By School Official
Cash Settlement - 11/4/99
Plaintiff v. Riverside Military Academy, et al.
A junior high student was sexually assaulted by another student at a boys' school. Suit was brought against the school. The case settled after extensive research into past events at the school and at other schools employing a key school official. Amount of the settlement is confidential at Defendants' request. |
|
$___________
| Product Liability/Defective Aerial Lift/Wrongful Death
Cash Settlement - 11/1/99
Pollard v. Asplundh Tree Expert Co. and Altec Industries, Inc.
Surviving parents sued after their son, Dwight Pollard, died when the aerial lift he was working in crashed to the ground after two of the cables which supported the lift failed. Cables were known to break if not properly maintained. Amount of the settlement is confidential at Defendants' Request. |
|
$500,000.00
| Dump Truck Wreck/Personal Injury
Cash Settlement - 8/28/99
Shellem v. Franklin Trucking Co., Inc., Terrance Franklin d/b/a Franklin Trucking Co., and Linwood Johnson, Jr.
Plaintiff sued trucking company after their dump truck struck a vehicle in the rear, causing said vehicle to then violently strike a vehicle driven by Plaintiff. Plaintiff sustained back injuries requiring surgery. Insurer paid policy limits. |
|
$715,000.00
| Defective Highway Signage and Design/Wrongful Death
Cash Settlement - 7/20/99
Grow v. Georgia D.O.T. and Timothy VanKrieken
Surviving mother sued after her daughter was killed in a vehicular wreck. The signage, signals, designs, layout and configuration of the intersection caused the driver of the vehicle in which the daughter was a passenger to form the mistaken conclusion that the intersection was a four-way stop. An approaching vehicle collided with the passenger side of the vehicle in which Plaintiff's daughter was a passenger. |
|
$100,000.00
| Shooting Incident/Wrongful Death
Cash Settlement - 7/6/99
Weathers v. Whitehead
Adult negligently failed to secure firearm from children. |
|
$496,586.00
| Agricultural Employee Liability/Personal Injury
Cash and Structured Settlement Combination (present cash value - $200,000.00) - 3/25/99
Muniz v. Sanders Farms, et al.
Small child was with his mother while she was working beside an onion grader and the child stuck his hand into a hole on the side of the grader and cut it off approximately 1 inch below the wrist. |
|
$___________
| Large Truck Wreck/Defective/Wrongful Death
Cash and Structured Settlement Combination - 3/10/99
Hancock v. Unnamed Defendants
Surviving widow and children of decedent sought damages when a large truck stopped in a multi-lane highway when an axle shift mechanism malfunctioned. The amount and terms of the settlement are confidential at Defendants' request. |
|
$300,000.00
| Military Hazing/Wrongful Death
Cash Settlement - 10/15/98
Estate of Nicholas P. Berrena v. Jeffrey Michael Hoffman
Wrongful death of a young man occurred when he was stabbed by Defendant when Defendant was attempting to show that a knife could not penetrate a flak jacket. |
|
$___________
| Improper Police Pursuit/Personal Injury/Paraplegia
Cash Settlement - 3/16/98
Coverdale v. City of Decatur, et al.
Plaintiff was severely injured and rendered paraplegic when his motorcycle was struck by a drunk driver being pursued by the police in a high speed chase. Amount of the settlement is confidential at Defendant's request. |
|
$140,000.00
| Dump Truck Collision/Personal Injury
Cash Settlement - 1/27/98
Mitchell v. GE Trucking, Inc., et al.
Plaintiff sustained severe injuries when her vehicle was struck by Defendant's dump truck after it ran a red light. Dental and other injuries to Plaintiff. |
|
$230,000.00
| Tractor Trailer Wreck/Personal Injury
Cash and Structured Settlement Combination (present cash value - $135,000.00) - 1/21/98
Navin v. J.O. Barber Lumber Company, Inc., et al.
Plaintiff sustained fractures and other injuries when Defendants' tractor trailer rig failed to yield the right of way to Plaintiff and struck Plaintiff's vehicle. |
|
$250,000.00
| Vehicular Wreck/Personal Injury
Cash Settlement - 8/5/97
Hibbs v. Georgia Linen Exchange, et al.
Plaintiff sued company after its tractor trailer struck Plaintiff's vehicle from the rear shoving Plaintiff's vehicle into the vehicle directly in front of her. |
|
$2,664,499.77
| Vehicular Wreck/Wrongful Death
Cash and Structured Settlement Combination (present cash value - $928,431.00) - 7/23/97
Payne v. Pediatric Services of America, Inc., et al.
Wrongful death of a young woman occurred when Defendant corporation's vehicle driven by a home healthcare nurse crossed the centerline and violently struck decedent's vehicle head-on. |
|
$___________
| Tractor Trailer/Tow Truck Wreck/Wrongful Death
Cash and Structured Settlement Combination - 6/16/97
Akins v. Crider Poultry Co., Inc. and Jennings Towing and Recovery International, Inc., et al.
The surviving spouse and eight surviving children of decedent brought suit for wrongful death against trucking company and wrecker service which was towing the disabled defective tractor trailer rig when decedent collided with rear of rig in pre-dawn darkness. Cash settlement plus structured settlement paying out over 15 years to widow and surviving children. Amount of the settlement is confidential at Defendants' request. |
|
$175,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 3/19/97
Krasnokutsky v. Prestige Aluminum Products, Inc., et al.
Plaintiff was injured when a tractor trailer sideswiped her vehicle on an interstate highway. |
|
$300,000.00
| Tractor Trailer Wreck/Personal Injury (present cash value)
Cash and Structured Settlement Combination (present cash value - $300,000.00) - 1/3/97
Conner v. Wilson Trucking Corporation, et al.
Plaintiff sued trucking company when its tractor trailer rig struck the tractor trailer rig that Plaintiff was in violently throwing him out of the sleeper berth as he rested after making a delivery. |
|
$750,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 12/2/96
Jarrell v. R.K. Wright Trucking Co., Inc. and John Deere Insurance Co., et al.
Policy limits settlement for personal injuries including mild closed head injury sustained when tractor trailer rig hydroplaned, blocking lanes of traffic and causing a collision. Liability insurer paid policy limits to settle case. |
|
$1,019,860.16
| Lumber Truck/Personal Injury
Cash and Structured Settlement Combination (expected payout with present value of $800,000.00) - 3/5/96
Jerry Thomas v. Ply-Marts, Inc.
A 54 year old body shop worker was struck by a lumber delivery truck while riding a motorcycle. The Plaintiff sustained a severed aorta, multiple broken ribs and nerve damage as well as aggravation of a prior back injury and was disabled from resuming the duties of his employment. |
|
$___________
| Airplane Crash/Wrongful Death
Cash Settlement - 12/21/95
Braswell, et al. v. Unnamed Defendants
A 31 year old engineer died when a Cessna 414 twin-engine airplane in which he was a passenger crashed in Georgia. Claims were made by the surviving parents and the decedent's estate against the owners of the plane, the pilot and others. The case was settled by the insurance company prior to filing suit, along with the claims brought by other survivors of passengers on the plane. Terms of the settlement are confidential at the Defendants' request. |
|
$___________
| Vehicular Wreck/Personal Injury/Paraplegia
Cash Settlement - 10/11/95
Velasquez, et al. v. Fields Appliance Service, Inc., et al.
A migrant farm worker was rendered a paraplegic when the van in which he was a passenger was struck from the rear by a vehicle driven by the then president of the Defendant corporation. The case was settled with the Defendant's insurer paying policy limits prior to filing suit pursuant to a confidentiality agreement. |
|
$___________
| Tractor Trailer Wreck/Product Liability/ Wrongful Death/Personal Injury
Structured Settlement - 9/29/95
Minor Child, By and Through Guardian v. Major Tractor Trailer Manufacturer and Trucking Company
A mother was killed and her young son/passenger sustained a traumatic brain injury when the passenger vehicle they were riding in struck and traveled underneath a tractor trailer rig making a left turn onto a state highway in the pre-dawn darkness. Claims were made against the trailer manufacturer and trucking company for failing to equip the trailer with retroflective tape to improve the conspicuity of the rig under nighttime conditions. Claims were also made based on the truck driver's negligence. The case settled shortly prior to trial. The settlement amount is confidential at Defendants' request. |
|
$1,000,000.00
| Large Truck Wreck/Wrongful Death
Cash Settlement - 2/13/95
Hanlon v. Harry's Farmers Markets, Inc., et al.
Wrongful death of a 32 year old truck driver who was killed when an employee of the Defendant corporation ran a red light at a busy intersection. The case was settled by the Defendant's insurer shortly prior to trial. |
|
$___________
| Wrongful Death/Fraternity Hazing
Cash Settlement - 1/19/95
Surviving Mother and Administratrix of Deceased Son's Estate v. Unnamed Fraternity and College
A 19 year old college student died as a result of being hazed by members of a fraternity in which the victim sought membership. Suit was brought against the fraternity, national and local chapters, the college and the individual members involved. In addition to the monetary recovery, the fraternity took significant remedial action as a condition of settlement to prevent the opportunity for further hazing of prospective members throughout the U.S. Amount of the settlement is confidential at Defendants' request. |
|
$900,000.00
| Tractor Trailer Wreck/Wrongful Death
Cash Settlement - 3/24/94
Williams v. N.K. Hurst Co., Inc., et al.
Wrongful death of an 18 year old high school student caused when a tractor trailer traveling at excessive speed approached a minor wreck and overturned, pinning the decedent and causing his death. |
|
$779,325.00
| Dump Truck/Trucking Wreck/Personal Injury
Structured Settlement (present value - $475,000.00) - 2/4/94
Lasseter v. M&M Trucking Company, Inc. and Curtis Provost
A 29 year old construction worker was run over by a dump truck on a construction site resulting in orthopedic injuries, nerve damage and permanent partial disability. |
|
$1,218,000.00
| Vehicular Wreck/Insurance Bad Faith/Personal Injury
Structured Settlement (present value - $630,000.00) - 12/30/93
Mock/Mangosing v. Dairyland Insurance Company
Defendant driver with $15,000.00 minimum insurance ran a red light causing Plaintiff to sustain a head injury. Insurer refused to defend or pay limits, resulting in an eventual bad faith claim whereby Dairyland Insurance Company ultimately paid the referenced sums to satisfy Plaintiff's judgment along with associated claims made against Dairyland by its insurer. |
|
$___________
| Premises Liability
Cash Settlement - 11/1/93
Anderson v. Radisson Hotel Corp.
A 29 year old female was assaulted due to inadequate hotel security while attending a trade show at Defendant's hotel. Amount of the settlement is confidential at Defendant's request. |
|
$___________
| Railroad Crossing Wreck/Wrongful Death
Cash Settlement - 10/29/93
Causey v. CSX Transportation, Inc., et al.
Plaintiff, a 72 year old consulting engineer, was killed in an automobile wreck at a railroad crossing with defective sight distance and no active warnings. Amount of the settlement is confidential at Defendants' request. |
|
$___________
| Personal Injury/Dram Shop/Wrongful Death
Cash Settlement - 9/2/93
McGray, et al. v. Hooters of America, Inc., et al.
Dram shop action against Hooters' enterprises as a result of a patron becoming intoxicated at a Hooters bar and then causing a head-on wreck resulting in the death of a 29 year old female and injuries to her minor daughter passenger. Pierced corporate veil to reach parent company of subsidiary which was knowingly uninsured for dram shop liability at the time. Additional sums were recovered from Defendant motorist and underinsured motorist carrier. Amount of the settlement is confidential at Defendants' request. |
|
$700,000.00
| Dump Truck/Vehicular Wreck/Wrongful Death
Cash Settlement - 8/15/93
Amos, et al. v. Maxey Brothers, Inc., et al.
Wrongful death claims for 98 year old woman and 72 year old daughter resulting when dump truck failed to yield right-of-way. |
|
$1,750,000.00
| Tractor Trailer Wreck/Wrongful Death
Cash Settlement - 7/12/93
Hutcherson v. The Progressive Corporation, Progressive Casualty Insurance Company, TABS, Inc. and Carl E. Hicks
A 46 year old truck driver died when struck as a pedestrian by a tractor trailer rig. Decedent's wife witnessed the aftermath of wreck and settlement included claims for her emotional distress in addition to wrongful death and estate claims for deceased husband. This case involves tort claims against the liability insurer which had taken over the duty to maintain the trucking company's safety program. |
|
$755,000.00
| Large Commercial Truck Wreck/Wrongful Death
Cash Settlement - 5/24/93
Turner v. American Builders and Contractors Supply Company, Inc. and Carl Anthony Richardson
A 41 year old registered nurse died when her vehicle struck a disabled large building supply truck stopped in her lane of travel. |
|
$715,225.00
| Tractor Trailer Wreck/Personal Injury
Cash and Structured Settlement Combination - 3/15/93
Barber v. Ryder Distribution Resources, Inc. and Old Republic Insurance Company
A 13 year old passenger sustained a fractured hip and lacerations when a tractor trailer struck his vehicle. ($207,500.00 cash paid at settlement plus annuity with $100,000.00 present cash value for a total eventual payout of $715,225.00 guaranteed.) |
|
$225,840.57
| Drunk Driver Wreck/Personal Injury
Bench Verdict - 10/9/92
Viau v. Fred Dean, Inc., et al.
Drunk driver crossed center line striking 30 year old Plaintiff causing multiple fractures and lacerations. Injured Plaintiff recovered with no permanent disability. Claimants collectively collected all of Defendants' liability insurance coverage. |
|
$710,000.00
| Tractor Trailer Wreck/Wrongful Death
Cash Settlement - 5/15/92
Miller v. J&M Tank Lines, Inc., et al.
Wrongful death of homemaker following impact with tractor trailer truck which was illegally parked along residential street. |
|
$5,000,000.00
| Tractor Trailer Wreck/Wrongful Death
Cash Settlement - 2/20/92
Nelson v. Floyd & Beasley Trucking Co., Inc.
Tractor trailer turned over at interstate interchange fatally injuring the parents of our clients. Demand was made for payment of this amount as the policy limits within 30 days and insurer was instructed that in the absence of such payment, Plaintiffs would not negotiate further but would take the case to verdict and judgment. On the last day, the insurer paid the liability insurance limits in full as demanded. |
|
$500,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 11/26/91
Parham v. T.W. Owens & Sons Trucking Company, et al.
Injuries to a 41 year old textile worker sustained when van, in which she was a passenger, collided with a bob-tail tractor truck after the intoxicated truck driver deliberately slammed on his brakes to cause a wreck. Plaintiff sustained significant facial lacerations, fractured bones in the face and nasal area and suffers from permanent neck pain. Settlement included husband's loss of consortium claim. |
|
$2,320,358.42
| Vehicular Wreck/Personal Injury
Bench Verdict - 9/9/91
Rogers v. Mangosing
Automobile wreck at intersection causing permanent neurological impairment to 20 year old female who had completed three-fourths of college degree requirements in the field of accounting. Defendant admitted liability and case tried to judge on issue of damages. |
|
$400,000.00
| Drunk Driver/Wrongful Death/Insurer Excess Liability
Cash Settlement - 7/2/91
Soule v. McGahagan and Ziomek
Wrongful death of 29 year old graduate student. Suit brought against drunk driver and owner of car he was driving based on negligent entrustment. Defendants' insurer refused to pay $15,000.00 policy limits, then filed suit against decedent's mother and others seeking a declaration of no coverage. Insurer lost that case before a jury and then paid over 26 times its policy limits to settle the case. |
|
$10,533,336.00
| Tractor Trailer Wreck/Personal Injury
Structured Settlement - Projected payout (present cash value $4,100,000.00) - 7/12/91
Thompson v. Schneider Transportation, Inc.
Brain damage and severe physical injury to 38 year old man in wreck between tractor trailer truck and car; loss of consortium. |
|
$8,501,000.00
| Tractor Trailer Wreck/Wrongful Death/Insurer Bad Faith and Excess Liability
Verdict - 6/24/91
Avant v. Coleman-American Companies, Inc., et al.
Wrongful death of a 23 year old man following impact with a tractor trailer truck whose driver was 'playing' 'passing games' on a two lane highway. Decedent drove onto shoulder of road in attempt to evade impact with tractor trailer truck. |
|
$1,000,000.00
| Vehicular Wreck/Wrongful Death
Verdict - 2/15/91
Wylie v. United Distributors, Inc.
Wrongful death of a 32 year old man after wreck with beer truck. (Verdict paid.) |
|
$3,250,000.00
| Premises Liability
Cash Settlement - 4/30/90
Unnamed Female Plaintiff v. LaQuinta Motor Inns, Inc.
Premises liability - no security provided in dangerous area. Attack, assault and robbery of guest. |
|
$325,000.00
| Premises Liability/Negligent Security
Verdict - 3/15/90
Hudson v. Americus-Sumter County Hospital Authority
Nurse kidnapped from hospital parking lot and subsequently sexually assaulted. Inadequate security. (Verdict paid.) |
|
$400,000.00
| Tractor Trailer Wreck/Personal Injury
Verdict - 11/20/89
Bullman v. Tenneco Oil Co., Inc., et al.
Broken femur and collapsed lung of 28 year old woman in multi-vehicle chain reaction wreck. (Verdict paid.) |
|
$775,000.00
| FELA/Personal Injury
Verdict - 10/19/89
Bowles v. Central of Georgia Railroad Co.
FELA. Back and neck injuries to trainman suffered in fall caused by oil on running board of defective locomotive. (Settled after verdict.) |
|
$260,000.00
| Tractor Trailer Wreck/Personal Injury
Verdict - 6/1/89
Turner v. Seaboard Farms of Athens, Inc.
Tractor trailer wreck resulting in possible compression fracture to vertebrae of 74 year old retired homemaker. No surgery. (Verdict paid.) |
|
$400,000.00
| Tractor Trailer Wreck/Wrongful Death
Settlement - 6/1/89
Turner v. Seaboard Farms of Athens, Inc.
Tractor trailer wreck resulting in death of 78 year old retired man who had been self-employed. |
|
$670,650.00
| Tractor Trailer Wreck/Wrongful Death
Verdict - 4/20/89
Brown v. Seaboard Farms, Inc., Athens
Improper turn by tractor trailer truck driver causing wreck which resulted in injuries to and death of a 67 year old retired factory worker. (Verdict paid.) |
|
$190,000.00
| Tractor Trailer Wreck/Personal Injury
Settlement - 4/20/89
Brown v. Seaboard Farms, Inc., Athens
Improper turn by tractor trailer truck driver causing wreck which resulted in injuries to 67 year old retired woman. |
|
$4,908,453.00
| Tractor Trailer Wreck/Wrongful Death
Structured Settlement, projected payout (present cash value - $1,498,381.00) - 4/7/89
Sullivan v. Tugalo Construction Company
Wrongful death of 50 year old bicyclist caused when truck pulling oversized load without escort vehicle passed decedent and blade of bulldozer being hauled on lowboy hit decedent in neck. Negligent entrustment and hiring - driver had long history of reckless driving; proved inadequate company safety program. |
|
$275,000.00
| FELA/Personal Injury
Verdict - 3/28/89
Anthony v. United States and Central of Georgia Railroad
FELA and Federal Tort Claims Act - ruptured disc from train-tank wreck at Ft. Benning crossing aggravated by later fall in hole along tracks. (Verdict paid.) |
|
$500,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 9/12/88
Hughes v. National Service Lines of New Jersey, Inc. and Michigan Mutual Insurance Co.
Tractor trailer wreck - soft tissue injuries to spine and suspected permanent neurological impairment. |
|
$900,000.00
| Defective Street Design/Personal Injury
Cash Settlement - 8/23/88
Williams v. Columbus Consolidated Government
Nuisance/defective street design - limited sign distance resulting in vehicle wreck between Plaintiff's motorcycle and a pickup truck. Permanent neurological impairment. Case settled during trial. |
|
$875,000.00
| FELA/Personal Injury
Verdict - 8/3/88
Swindle v. Central of Georgia Railroad
FELA. Shoulder and neck injury. Proved Defendant conducted investigation to try to prove this exemplary employee had falsified accident report - but failed and then withheld results of that investigation. The verdict was for the amount requested. The verdict was reversed on appeal; case retried; and settled. |
|
$550,000.00
| Tractor Trailer Wreck/Personal Injury
Verdict - 6/28/88
Davis v. Great Southern Wood Preserving, Inc.
Broken jaw and lacerations in tractor trailer wreck. $350,000.00 punitive damages. Tractor trailer speeding around curve - canvas straps securing load of lumber broke - lumber crashed into Plaintiff's pickup truck. Proved knowing violation of Alabama law regulating method for securing loads on flatbed trailer. (Verdict paid.) |
|
$255,000.00
| Tractor Trailer Wreck/Personal Injury
Cash Settlement - 3/88
McKnight v. McClendon Trucking Co.
Broken clavicle and soft tissue injuries of 77 year old woman, who later died from unrelated causes. |
|
$30,256,768.00
| Tractor Trailer Wreck/Wrongful Death/Excess Liability of Insurer
Verdict - 2/25/88
Hilliard v. Ocilla Industries, et al.
Wrongful death of 29 year old housewife and factory worker. Tractor trailer wreck. $28.5 million in punitive damages. At the time - largest verdict or settlement in Georgia's history and largest civil jury verdict in America in 1988. "Pierced the corporate veil" to preserve venue and reach publicly held parent corporation of underinsured subsidiary. Proved Defendant had no safety program; proved management's knowledge of gross defects in tractor truck and pattern of using defective tractor trucks; proved that management bought radar detectors for its tractor trailer trucks. (Case settled after verdict.) |
|
$750,000.00
| Product Liability/Personal Injury/Defective Lift Gate Assembly
Settlement - 6/29/87
Storey v. Reliable Hydraulics, Inc.
Negligent failure to repair lift gate assembly on truck. Back injury. |
|
$1,050,000.00
| Vehicular Wreck/Wrongful Death/Impaired Defendant Driver
Cash Settlement During Trial - 10/28/86
Laney v. Powell
Vehicle-pedestrian incident; wrongful death of 37 year old divorced store clerk. Defendant driver had marijuana residue in his blood and had dozed off prior to striking decedent. |
|
$300,000.00
| Product Liability/Personal Injury
Verdict - 8/11/86
Ellis v. Milroy Optical Co.
Defective eyeglasses; loss of eye. Supposedly treated glass lens shattered when struck by baseball. (Verdict paid.) |
|
$1,300,000.00
| Vehicular Wreck/Wrongful Death
Verdict - 6/12/86
Waldrep v. McCulloghs
Car wreck; wrongful death of 46 year old housewife without earnings history. "Pierced the corporate veil" to reach insurance coverage of owner of corporation. (Verdict paid.) |
*Results in cases prior to May of 2001 were obtained while Mr. Overby was a lawyer/partner in a previous law firm. A few of these cases were handled with other lawyers in and outside of the firm. Many were by Mr. Overby alone. However, only cases for which Mr. Overby had substantial/principal responsibility are listed herein. All results since May of 2001 have been handled and results achieved by Mr. Overby acting as lead counsel.
