Our Mobile office secured $1.25 million in a commercial trucking case. The lawsuit alleged negligent and wanton inspection and maintenance of a commercial trailer.

The incident happened when a dual wheel end and tire assembly broke off from the trailer and hit our client’s vehicle, resulting in a broken toe. During our investigation, we discovered that the trailer was leased by a separate entity responsible for routine and preventive maintenance. As a result, we added the leasing company as a defendant in the litigation.

After several rounds of document requests and multiple depositions, we discovered that the leasing company had performed maintenance on the trailer less than a month before the accident. Unfortunately, the technician who did the maintenance was new and not well-trained. They did not properly lubricate the wheel and tire assembly, which caused it to detach from the trailer and hit our client’s vehicle.

Many commercial motor vehicle accidents result from mechanical failures resulting from negligent or reckless inspection, repair, or maintenance. Federal regulations mandate that motor carriers systematically inspect, maintain, and repair all motor vehicles under their control. These regulations also require that the truck and its parts are in safe operating condition at all times. Identifying all parties responsible for maintaining commercial motor vehicles in compliance with FMCSR is crucial to ensuring our clients receive adequate compensation for their losses.

“Our team at Beasley Allen is dedicated to holding negligent parties accountable for their actions and ensuring that our clients receive the compensation they deserve,” Lead attorney Wyatt Montgomery said. “In commercial motor vehicle cases, identifying all parties responsible for the maintenance and safety of the vehicle is crucial to obtaining a successful outcome for our clients.”

At Beasley Allen, we have extensive experience investigating and litigating these cases to their full value. If you have a case involving a commercial motor vehicle, we would love the opportunity to work with you.

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Litigators often use mediation to facilitate settlements. However, mediation must be strategically planned and scheduled to be effective. This is especially important in the context of asbestos litigation for various reasons.

Asbestos litigation is unique because defendants are involved in hundreds or thousands of cases yearly. Unlike modern mass tort or class action cases, each asbestos case is litigated separately. This means that a defendant may face lawsuits in dozens of courts and jurisdictions simultaneously, with cases at varying stages of the litigation. Therefore, defendants prioritize resolving cases that are closer to trial.

It’s always helpful to have dispositive and Daubert motions ruled on and denied before a mediation. However, in asbestos cases, unless the trial is close, defendants may not review the case seriously because they have other cases that are closer to trial and require their attention. Therefore, the timing of mediation is critical. 

In a recent mesothelioma case handled by Beasley Allen, the court expressed a preference for early mediation. However, our lawyers knew that any settlement offers made then would likely be meager. This was the first asbestos case the court had handled. Despite the court’s preference for early resolution, Beasley Allen’s lawyers successfully argued that it was unlikely. The mediation was ultimately scheduled closer to the trial date, with the defendants’ decision-makers in attendance and fully informed about the case. While not every defendant settled at that mediation, many high-value settlements were reached. 

Mediation conducted closer to the trial date is more effective in securing the defendants’ attention. The defendants and their national coordinating counsel would better understand the case and have more authority to offer higher settlement values. Plus, decision-makers involved in the case would be present during the mediation rather than just the defendants’ local counsel. 

Beasley Allen’s attorneys were able to secure favorable settlements for their client due to the timing of the mediation process. This saved the client a significant amount of time and resources. Having such insight is critical in every case to achieve the best possible outcome, and Beasley Allen possesses this valuable skill.

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Many of us have come across advertisements for Ozempic, an FDA-approved injection used to treat type 2 diabetes. However, these injections and others have gained popularity on social media platforms such as Instagram and TikTok for their alleged potential to help with weight loss, even though the FDA does not approve them for that specific purpose.

Novo Nordisk, the manufacturer of Ozempic, has been promoting its weight loss benefits since its initial commercials aired in 2018. However, medical literature has linked the injection to serious complications such as gastroparesis and other severe injuries.

As a result, consumers who have experienced these injuries have started filing lawsuits against Novo Nordisk. The first lawsuit was filed in the U.S. District Court for the Western District of Louisiana in August 2023 and a class action was filed in British Columbia on behalf of all Canadians later that year. The Canadian class action alleges that Novo Nordisk failed to warn them about the potential side effects.

At Beasley Allen, our attorneys are investigating cases where individuals were diagnosed or treated for gallbladder removal, severe or permanent stomach paralysis, gastroparesis, other gastrointestinal injuries, intraoperative pulmonary aspiration, ileus or bowel obstruction, pancreatic cancer, or suicide.

If you became ill after using one of these medications, do not face additional health complications alone. We offer a free case evaluation to determine if you may be eligible for compensation and can guide you through the legal process every step of the way.

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Yet another attempt by Johnson & Johnson to file for bankruptcy won’t resolve the talc-related claims made by victims.

Andy Birchfield, principal and Mass Torts section head at Beasley Allen, has been working tirelessly to obtain justice for women affected by J&J’s talc products associated with contamination.

In a recent publication by Bloomberg Law, Birchfield shared how, during his many years of fighting against defective products to safeguard consumers, he has never felt a responsibility as strong as the one he holds now for the thousands of women who are suffering from ovarian cancer and mesothelioma due to the use of these products.

“I feel a heavy responsibility for the thousands of women suffering from ovarian cancer and mesothelioma due to Johnson & Johnson’s tainted talc products,” Birchfield told Bloomberg Law. “Their pain and suffering is immeasurable.”

Studies link talc use to diseases with evidence of asbestos in talc. J&J, a multinational corporation, failed to provide fair compensation and used the Texas Two-Step bankruptcy strategy, which would have been detrimental to both victims and shareholders. It would have resulted in victims being denied their rightful day in court and forced to accept unfair compensation.

J&J attempted to use the bankruptcy system to halt the multi-district litigation process. They expected people with cancer to accept a low compensation offer but underestimated their resolve. Beasley Allen remains committed to seeking justice for the wronged, but J&J seems unwilling to negotiate in good faith as long as it has the threat of bankruptcy at its disposal.

Birchfield emphasized the importance of standing firm to challenge corporations prioritizing profits over people.

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Beasley Allen has filed a wrongful death complaint on behalf of a Georgia woman whose husband died as the result of negligence. 

Beasley Allen attorneys Kendall Dunson and Preston Moore represent Angie Neely Penn and her late husband, Ojeda Lamar Penn. The suit has been filed against Georgia landscaping company Scadia Landscape LLC and Bernardo Bustos, one of its employees.

The incident occurred in January 2023 while Bernardo Bustos drove the company’s 2012 Chevy Silverado. While driving the vehicle, Bustos failed to exercise proper care and backed the vehicle over Ojeda Lamar Penn.

According to the complaint, Bustos had a responsibility to the public, including Ojeda Lamar Penn, to operate his vehicle with proper care and safety. However, Bustos failed to fulfill this obligation, and his breach resulted in severe injuries and the unfortunate death of Ojeda Lamar Penn.

Scadia Landscape LLC should also be held accountable for Ojeda Lamar Penn’s death. Scadia should have ensured that Bustos received sufficient training to carry out his duties safely. Additionally, Scadia knew or should have been aware that Bustos did not possess a valid driver’s license but allowed him to operate their company vehicle.

The lawsuit is seeking compensatory damages and punitive damages for Ojeda Lamar Penn’s negligent death.

Ojeda Lamar Penn was a well-known, highly regarded jazz composer and pianist, band leader, and recording artist. Penn regularly performed at jazz festivals and recorded original compositions.

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An Alabama steel company is attempting to avoid liability in an incident that left an employee with life-altering injuries.

On October 13, 2021, Mr. Ron Nichols, a foreman for McAbee Construction, led a team responsible for moving and installing heavy gearboxes and heat shields at the Pipe Mill for US Steel.

The gearboxes used by US Steel can weigh over 300 lbs. To ensure they are securely attached and welded in place, cranes are used to move them. The operator’s responsibility is to move the gearboxes using the crane. Mr. Nichols’ team was in charge of welding and labor work in the areas where the gearboxes needed to be installed.

However, US Steel’s employees failed to use the proper equipment to lift gearboxes, using a lifting bolt that broke and caused a crew member’s legs to be pinned against a pipe. When a co-worker failed to remove the gearbox using a pry bar, Mr. Nichols stepped in to help. Despite his first attempt being unsuccessful, Mr. Nichols persisted as the crewmember was in pain and he was unsure of the extent of their injury. Mr. Nichols asked for divine intervention, saying, “God, give me strength,” and put everything he had into it, successfully moving the gearbox enough to free his worker.

After his heroic act, Mr. Nichols realized that he had injured his back. Despite trying conservative treatments, his condition did not improve. Eventually, he had to undergo a series of surgeries on his lower back, including a hemilaminectomy. This procedure involved grinding off the bone of his vertebrae to relieve pressure on his spinal cord. Unfortunately, his back will never fully recover from the injury.

US Steel is attempting to avoid liability for its lack of preparation and safe operation of a heavy crane load. Mr. Nichols’ employer went as far as to order surveillance on him. He acted responsibly during an emergency and deserves recognition for his quick actions, not ridicule from a large corporation.

The case was filed and moved to federal court by US Steel. We’re seeking a remand to Jefferson County for discovery and trial.

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Our Atlanta office has filed a lawsuit on behalf of a client who tragically died in a single-vehicle accident where the airbag deployed prematurely.

Our client was traveling in a Toyota Highlander when the airbag system deployed prematurely. Due to premature deployment, the airbag deflated upon the point of impact, failing to protect our client as it was designed to. We believe that our client’s death could have been prevented if the airbags had functioned correctly, not deployed prematurely, and provided protection upon impact.

The complaint, filed by managing attorney Chris Glover, alleges Toyota manufactured, distributed, or sold certain vehicles, including our client’s Toyota Highlander, containing defective airbag inflators, which caused complete failure or premature deployment. Moreover, Toyota defendants designed the passenger airbag system with such defect that it might prematurely deploy in a frontal collision and not perform safely.

Airbag systems are specifically designed to deploy during moderate to severe frontal collisions. As per the National Highway Transportation Safety Administration (NHTSA), frontal airbags have saved more than 50,000 lives. However, defects in airbag systems can cause them to deploy with excessive force, not deploy at all, or deploy at inappropriate times, leading to serious injuries such as brain damage, blunt force trauma, and even death.

This case was filed in the Northern District Court of Georgia.

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Atlanta, GA – As we look back on 2023, Beasley Allen Law Firm’s Atlanta Office stands out with an impressive record of achievements.  

The firm’s Georgia office secured over $150 million in verdicts and settlements, making it a remarkable year. Notably, the firm secured multiple 8-figure trucking, product liability and premise liability settlements and numerous 7-figure settlements, including those involving medical malpractice, commercial vehicles and premises liability.  

These accomplishments are a testament to the firm’s dedication and vast expertise in the legal field. 

Trucking

One area our Atlanta office specializes in is handling negligence cases against trucking companies. In 2023 alone, we secured tens of millions of dollars in compensation for our clients.  

One of the significant trucking cases involved broker liability. These cases are widely acknowledged to be the toughest of all trucking lawsuits. The laws protect brokers from responsibility when choosing a career to place on the roadway. Finding the evidence needed to get these cases to a jury is an extreme challenge. “We were able to put together what I thought was the perfect broker liability case. We unearthed evidence against this company that had never been seen in litigation. We began this case with no offer and the broker claiming they would never offer anything.  At the end of the day, our hard work allowed for the client’s significant recovery. It’s why I decided to be a trial lawyer for victims,” Glover said of the case.  

Another example of the office’s success was a $15 million confidential settlement involving a wrongful death and contested liability trucking case. Intense discovery and the retention of numerous experts are a necessity in these cases. “These cases almost always are about more than what happened on the day of the wreck. When you are able to show that a driver had a long history of roadway violations that put the public at risk, you are on your way to getting the client fully compensated. It’s sad when lives are needlessly lost.  Almost every major trucking case starts with the fact that a dangerous driver should have never been on the road in the first place,” Miller said when discussing major trucking cases, which he also handles regularly.

Premise Liability

In the area of premises liability, Beasley Allen is following up 2022 with another big year in 2023, as we continue to hold premises owners and occupiers – including apartment complexes and their entities. accountable for failing to keep the tenants and the public safe. In one example, Beasley Allen premises liability lead attorney Parker Miller and his co-counsel secured a $26 million settlement in a deadly Georgia apartment complex shooting case. The victims were killed by stray bullets from a shooting involving other parties in what was an extremely dangerous complex.   

“The defendant’s apartment complex had a history of violent crime. They were warned consistently about the dangers. We absolutely were not settling this case unless the defendants did the right thing, which they ultimately did, but not before precious life was lost and years of litigation ensued,” Miller said of the case. “Many of the complexes that we litigate against are owned or managed by out of state investment companies that could care less about the deplorable conditions that exist at these properties.” In total, the Firm resolved over $50 million in premises liability cases in 2023. 

Violence at apartment complexes throughout Georgia have gained attention across the State of Georgia owners’ inaction allows the violence to continue. Our Atlanta office is continuing to investigate serious premises liability cases across Georgia and the Southeast that involve criminal and sexual violence, fires, electrocutions, carbon monoxide poisoning, and poor structural integrity.  

Product Liability

Our firm saw no shortage of clients who were injured or killed due to defective products in 2023. We assisted several clients who were injured due to the negligence of product manufacturers, successfully securing just over $85 million in compensation for our clients. Most of these cases include auto product claims. One such case involved the crushing death of a child seated in the back seat of his parent’s vehicle. His parents placed him in the back seat, where the vehicle warnings instructed them to do so. They had no idea that doing so placed him within the crush zone of the vehicle for rear impacts. The parents courageously stood up to this corporation for not protecting children in the back seat.  

Another case involves a man starting off in life who was killed by his airbag. The police initially investigated the case as a drive by shooting, but later learned that the airbag exploded during deployment. He wasn’t even in an accident. 

“These cases exemplify what it means to work at Beasley Allen. Our firm motto is Helping those Who Need it Most. This child and young man could do nothing to protect themselves, nor did they do anything to put themselves in harm’s way,” Glover commented. “We are honored to have the opportunity to stand for these people who could not stand for themselves.”   

Experience is Key

At Beasley Allen, we proudly represent our clients and ensure that corporations and other entities are held accountable for their actions.  

Whether it’s trucking, defective auto products, premises liability, or medical malpractice cases, we have the expertise to win. Our attorneys have a proven track record of success and are dedicated to providing our clients with the best legal representation. However, we could not do any of these cases without the lawyers who trusted us to team up to help their clients. 

Glover expressed his gratitude, “I’m thankful for the friendships and trust we have built with the numerous firms who have given us the opportunity to work with them in helping their clients. We wouldn’t have had the opportunity to help any of these deserving clients without them.”  

We understand that every case is unique, and we work closely with our clients to develop a customized legal strategy tailored to their specific needs and goals. Our clients’ satisfaction is our top priority. That’s why we are dedicated to working tirelessly to ensure they receive the compensation they deserve.  

“Our team remains committed to fighting for the rights of victims and their families,” Glover said. “We are proud of our accomplishments in 2023, and we will continue to deliver justice to those who have suffered due to the negligence of others.”  

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Trucking & Commercial Vehicles Verdict

A jury has awarded $715,000 in a federal truck wreck case where our client suffered lasting bodily injuries.

Although the collision between the truck and our client didn’t cause significant vehicle damage, the young woman suffered injuries to her shoulder and hip.

Despite her complicated medical history and gap in treatment, Beasley Allen attorney Preston Moore convinced the jury that the negligence of the other party led to the client’s suffering.

When the client came to Beasley Allen, she had been previously encouraged to settle. The defense told our attorneys they could offer at most $310,000 for a settlement.

As Preston and Mike reviewed the medical records and learned the client’s true story, they were able to develop key trial testimony by video deposition of certain treating physicians. That eventually caused this insurer to offer a final $500,000 settlement.

The jury returned a verdict of $715,000, much more than our client would have initially received if she had not made the choice to bring her case to Beasley Allen.

“This outcome shows the validity of the Beasley Allen difference,” Moore said. “A big part of the reason we can get the results we do for our clients is that we don’t work to settle like other firms. When you’re our client, we go the distance to get you the compensation you deserve.”

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