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Record Verdicts
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In 2003 Mark D. Link obtained a $40 Million dollar verdict in Cobb County State Court. The jury in the case awarded two families $20 Million dollars in compensatory damages for the deaths of their children. The jury awarded an additional $20 Million dollars to punish the defendant who was driving drunk at the time he caused the wreck which killed the two individuals. Co-counsel on the case were Eric Hertz and Claudine Wilkins.
In 2007 our lawyers successfully litigated a highly contested automobile wreck, resulting in a verdict in excess of $11 Million. The Plaintiff in the case turned left in front of a tractor-trailer at the intersection of Camp Creek Parkway and Butner Road in Fulton County Georgia. The defendant denied that he was at fault for the wreck and blamed the Plaintiff for turning left in front of his vehicle. The jury awarded the significant verdict despite testimony from the eye-witnesses who faulted the Plaintiff for the wreck.
The lawyers at Link & Smith, P.C. have handled numerous cases against drunk drivers. We understand the devastating results that often occur when a person drives a vehicle while intoxicated and we are committed to punishing drunk drivers when the criminal system has failed to do so. Our firm has obtained record jury verdicts against drunk drivers in several counties across Georgia, including the case of Wolford v. Langlois where the jury awarded the plaintiff compensatory damages of $3,500 and then awarded punitive damages in the amount of $300,000.
On December 27, 2001, plaintiff's decedent, Justin Brooks, and Defendant Daniel Hancock were operating their respective vehicles in opposite directions on Scenic Highway. At the intersection of Scenic Highway and Web Gin House Road, decedent attempted to make a left turn in front of defendant's oncoming vehicle, resulting in a collision. Decedent, who was 19 years old, died from injuries sustained in the accident. Hancock was driving a 1984 pickup truck owned by Defendant Ognio Grading at the time of the accident. Despite the defendants' attempt to blame a fatal car accident on alleged marijuana use by the decedent driver, a Coweta County jury returned a verdict in favor of plaintiff in the amount of $2,750,000.
MARTA agreed to settle a case handled by our lawyers for the sum of $825,000. The Plaintiff in the case suffered an eye-injury after she was thrown from her wheelchair as the MARTA van came to an abrupt stop.
We represent persons that have been injured at the workplace. In 2002 HLS concluded a DOT worker's injury claim. The Department of Transportation worker was injured as he was working on the side of I-85 when a car veered off the road and struck him. The worker broke his legs and sustained internal injuries and his medical expenses were $111,000. The Defendants argued that liability was uncertain because the driver's vehicle experienced a sudden and unexplained malfunction causing it to pull to the right and ff the roadway. After the jury was selected the parties settled the case for $1.6 million.
IN THE STATE COURT OF SPALDING COUNTY STATE OF GEORGIA
ROBERT WILLIAM PARSONS individually and bnf Harvey and Debra Parsons, MATTHEW D. PARSONS, individually and bnf Harvey and Debra Parsons, Plaintiffs v. Robert Lee Dorsey, Jr., ABC CO.,XYZ, CO., John Does (1-5), Defendants
CIVIL ACTION NO. 05SV52
Defendant, Mr. Dorsey, was driving a school bus back to the bus terminal and was traveling East McIntosh Road at a high rate of speed when he crossed the center line and struck the vehicle occupied by Robert and Matthew Parsons.
Matthew Parsons sustained fractures of his arm and underwent an open reduction, internal fixation of left displaced radius and ulna fracture at the Henry Medical Center. After surgery, he developed compartment syndrome and was left with limited use of his right arm.
He was awarded $3,730,000.00.
Robert Parsons suffered from an open left humeral shaft fracture, left tibial shaft fracture, right clavicle fracture, and right forearm fracture.
He was awarded $1,133,755.00.
Both were subsequently settled for a confidential amount.
IN THE SUPERIOR COURT OF GREENE COUNTY STATE OF GEORGIA
WILLIAM MATTHEW POWERS, Plaintiff
vs.
PHILLIP DRISCOLL, DONNA DRISCOLL, DANIELLE AUGUST DRISCOLL, Defendants
CIVIL ACTION FILE NO.: 07-CV-031
On September 21, 2006, Danielle Driscoll was driving northbound on Pea Ridge Road when her two right tires went off the road onto the shoulder. She then attempted to re-enter the roadway, however, lost control of her vehicle, crossed the double yellow line and crashed into a vehicle occupied by Plaintiff, William Matthew Powers.
As a direct and proximate cause of this wreck, Mr. Powers suffered from a femur fracture and subsequently compartment syndrome. Mr. Powers incurred approximately $200,000 of medical bills and was left with a twelve inch scar from the compartment syndrome.
The defendants had offered $875,000 before trial claiming that a grater verdict in Greene County would be highly unlikely. The jury deliberated approximately two hours when the defendants offered the policy limits of $1,3000,000.
IN THE STATE COURT OF FAYETTE COUNTY STATE OF GEORGIA
THOMAS SHERGOLD and GLORIA SHERGOLD, Plaintiffs vs NORMAN HART, III and NORMAN HART, IV, Defendants
CAFN: 06SV-0847
On Wednesday, June 28, 2006, at approximately 4:11 in the afternoon, Plaintiff Mr. Thomas Shergold was driving his motorcycle when he was struck by Defendant Norman Hart IV. Mr. Shergold was taken by helicopter to Atlanta Medical Center where he was found to suffer from multiple fractures and a below knee amputation was performed.The Defendant, although he admitted he failed to maintain his lane, alleged contributory negligence because of evidence that Mr. Shergold was speeding. The jury deliberated approximately 2.5 hours and awarded Mr. and Mrs. Shergold $2,158,165.33.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION
Leslie Belk, as Administrator of The Estate of Samuel Jackson
vs.
TIMOTHY J. DZIERZANOWSKI, and MAVERICK TRANSPORTATION, LLC
On November 4, 2005, Mr. Jackson was stopped in traffic on I-285 when he was rear-ended by Maverick Transportations tractor-trailer. Mr. Jackson was taken to Grady Hospital where he was found to have a subdural hematoma, mandibular fracture and a pterygoid fracture. He was intubated in the emergency room and taken to the Intensive Care Unit. On November 9, 2005, Mr. Jackson was taken to surgery to fix his mandible and pterygoid fracture. After the surgery, his blood pressure and oxygen saturation fell and he died approximately two hours later.The Defendants admitted liability for causing the wreck, but denied liability for causing Mr. Jacksons death claiming that Mr. Jackson was recovering from the wreck, but died due to medical malpractice. Georgia Statute, O.C.G.A. ยง 51-12-33, allows this defense. The jury, after hearing all the evidence, must apportion a percentage to the defendant and the nonparty (Grady Hospital physicians) for causing the death of Mr. Jackson. In this case, the defense was claiming that 100% of Mr. Jacksons death was caused by medical malpractice. The Defendants hired an anesthesiologist who testified that Mr. Jacksons death was caused by a dislodged nasoendotracheal tube and not due to the wreck. Plaintiff, of course, argued that the death was due to delayed complications of the wreck. Mr. Jackson had no children and had never been married. He made approximately $14,000 per year. This case was settled two days before trial for $2,625,000.
Legal Experience
In the case of Wanless v. Tatum et. al. the Plaintiffs filed suit against Dekalb County Georgia for negligent design and construction of a county road that lead to the death of a teenage driver. The trial court threw out the case on grounds of county immunity, however Link & Smith, P.C. appealed the trial court's decision to the Georgia Court of Appeals, which reversed the trial court and reinstated the case against the county employee.
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