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Every trial lawyer has war stories that he or she
will tell with glee at the drop of a hat, and sometimes
when the hat is not even dropped. Very seldom do you hear
them tell of their mistakes or the cases that they lost;
these are the horror stories. Believe me, every lawyer
who has tried more than a dozen cases has them. Below
are samples of "war stories" and a few of my "horror
stories of the judicial kind."
MASS TORT LITIGATION: Since the early
1990’s, The Edward A. Williamson Law Firm has
been a leader among Plaintiff’s firms pursing
mass tort litigation in Mississippi and the Deep South.
We have aggressively pursued thousands of claims for
individual injuries obtained as a result of the adverse
effects of drugs like Fen/Phen, Trasylol, Phenylpropanolamine,
Prempro, child vaccinations and more. In 2001, our clients
and the firm enjoyed the first of several great successes
in the so called mass tort venue. On the morning of
the first day of trial of a multiple plaintiff case,
a favorable settlement was successfully negotiated.
Although part of the settlement agreement prohibits
any discussion of actual dollar amounts, it has been
widely rumored the settlement was the largest per client
settlement ever obtained in such a case at that time.
Our successful efforts in diet drug litigation and other
“mass tort” actions continues as we are
now winding down our global settlement of our remaining
diet drug cases for our clients and have recently reached
a global settlement with one of the major defendants
in the “PPA” litigation PPA being the active
ingredient in many over the counter cold medications
which cause hemorrhagic strokes.
Parkerson v. Town & Country Mobile Homes,
et al
Although not a "big money" case, we at The
Williamson Law Firm consider this victory as one the
highlights of our mission to represent and seek justice
for everyday citizens of our state and country. In the
Parkerson case, the plaintiff had signed an arbitration
clause in the financing documents, not in the original
sales documents themselves, which would have taken away
her right to seek justice before a jury of her peers
in a court of law in Neshoba County. The trial judge
sustained the defendant mobile home dealer’s motion
to compel arbitration. After our successful appeal,
the arbitration clause was set aside, and M.S. Parkerson
was awarded her right for trial by jury. The case was
then settled for an amount which fully compensated April
Parkerson.
Ford v. Barker, M.D.
Weeks prior to the beginning of the trial of this birth
trauma case on August 30, 1999, we rejected the Defendant's
maximum offer of $150,000.00, which was then withdrawn
prior to trial. In the fourth day of the trial, we settled
the case for $650,000.00. This birth trauma case involved
a brachial plexus injury. Our primary contentions were
that the physician failed to utilize the McRobert's
maneuver, improperly used pitocin, scheduled a premature
labor and delivery for her own convenience, and failed
to anticipate or advise as to the benefits of a caesarean
section.
Morrison v. Pontiac Dealership
A $490,000.00 settlement was achieved on May 29, 1996.
This case involved a first-time car buyer. The salesman
at the Defendant's, car dealership told her that the
car had an air bag. Nine days after she purchased the
vehicle, Ms. Morrison had a head-on collision. There
was no air bag. We did not get the case until a year-and-a-half
after that. Upon taking the case, we pursued the matter
by focusing on her head and upper body injuries since
the orthopedic injuries were not caused by the absence
of the air bag. The end result was a $490,000.00 settlement
after 20 or so depositions.
Plaintiff Name Withheld v. Tank & Equipment
Company, Inc., et al
A $1.5 million settlement was awarded on February 11,
1992, after about a year-and-a-half of litigation in
the United States District Court for the Southern District
of Mississippi, Jackson Division. This case involved
a public service officer who got ammonium hydroxide
in his eye while inspecting a chemical transport tanker
truck, causing severe loss of vision and near blindness.
We sued both the trucking company and the designer of
the tank. The theory of this case was that because,
it was foreseeable at the time of the design and manufacture
of the tank that the tank itself would be inspected
for safety compliance, it was foreseeable that the "spill
dam reservoir" on the top of the tank would catch
the ammonium hydroxide spills when the tank was filled;
and that, on occasions, it would rain and force the
hydroxide through the overflow pipe from the "spill
dam reservoir.” Ultimately, upon inspection underneath
the tank in the area where the pipe emptied, the hazard
of ammonium hydroxide existed.
Peavy v. Illinois Central Gulf Railroad Company,
et al
Mr. Peavy suffered second and third degree burns over
40-50% of his body in August of 1980 when the metal
drum, which had been supplied to the salvage operation
on the railroad yard by the Defendant, exploded hurling
him into the air. The barrel had the words "empty"
written on it in large letters. Webster's dictionary
defines empty as "destitute of effect or force."
The Plaintiff suffered permanent physical disability,
including permanent facial scarring, the inability to
close his eyes, permanent tearing, disfigurement, psychological
injury, and loss of earning capacity. This case was
tried in the United States District Court for the Southern
District of Mississippi, Jackson Division resulting
in a $1.6 million verdict on July 3, 1987.
Nowell v. Universal Electric Company
A $1 million award in October 1984 for the wrongful
death of a young soon-to-be father who was severely
burned when a metal barrel on which he was working exploded.
The barrel in question had been lost long before representation
of the Nowell heirs was undertaken. The identity of
the barrel which exploded and its origin from the defendant,
Universal Electric Company, was proven by circumstantial
evidence.
Robinson v. Kenneth Breakfield, et al
A $150,000.00 verdict was awarded on February 13, 1984.
Although the vehicle the Plaintiff was riding in did
not show any severe damage to the rear bumper, it was
proven to the satisfaction of the jury that the Plaintiff
suffered severe and impairing back injuries. This was
the highest recorded verdict in Neshoba County at that
time.
Rushing v. Keller Industries of Alabama, Inc.,
et al
A $100,000 verdict awarded on February 16, 1984, which
was tried in Neshoba County the same week as Robinson
v. Breakfield. The plaintiff proved to the satisfaction
of the jury that the ladder was defective ("Keller-Killer
ladder") and gave way under Charles Rushing, causing
him to fall and suffer serious personal injury as a
result.
Johnson v. Bank of North Mississippi, et al
TRIED ONCE . . . $120,000.00 verdict, TRIED TWICE .
. . $177,500.00 verdict, SHALL WE GO FOR THREE . . .
The first trial of this case, in November 1978, ended
in a verdict of $75,000.00 in actual damages and $45,000.00
in punitive damages. Two years later, we tried the case
before another judge and received an even higher verdict
of $77,500.00 in actual damages and $100,000.00 in punitive
damages. Mr. Johnson had bought a Peterbilt tractor-trailer
based on the bank's advertisement that it had a Cadillac
engine with 93,000 actual miles. Not so, the bank knew,
because it had financed the assembly of the tractor/
trailer form a glider kit using old "moving parts"
collected from various truck "grave yards with
up to 500,000 miles use on them and we proved that the
Bank knew it! Because of the two separate verdicts,
this case was, at one time, the 1st and 3rd highest
recorded verdicts for DeSoto County. The Bank never
offered a penny to settle the case prior to the last
verdict.
Mississippi Department of Transportation v.
Edward A Williamson, et al
This Eminent Domain case tried before a jury in the
Circuit Court of Neshoba County Mississippi on March
2, 2004. The State of Mississippi had offered $26,000.00;
the jury awarded $60,000.00. The Mississippi Transportation
Commission appealed the final judgment all the way to
the Mississippi Supreme Court which denied M.D.O.T.'s
appeal.
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