Verdicts & Settlements

Successful Cases

There is a reason Wettermark & Keith is considered one of the Country’s leading law firms – RESULTS. The Firm’s work has been featured in the Atlanta Constitution/Journal, the Birmingham News, the Cincinnati Post, the Louisville Courier Journal, the Macon Telegraph, the Florence Times, the Birmingham Business Journal, the Bay County Florida News Herald and National Public Radio. It has been said that the best indicator of where you are going, is where you have been. Below is a sample of some of the Firm’s work for our clients – a “small” sampling of where we have been.

 

WARD V. CSX TRANSPORTATION, INC.
VERDICT – $34,558,333

This is the largest recorded verdict ever obtained on behalf of an injured Railroad worker. Butch Ward was a bridge worker in CSX’s B&B department. He and his crew were replacing a trestle in Southern Mississippi. Mr. Ward fell from the bridge and suffered a neck fracture that caused paralysis.

 

BRONSON V. NORFOLK SOUTHERN RAILROAD
VERDICT – $6,920,669

A sixteen year old high school student suffered a closed head injury when the automobile in which he was a passenger was struck by a Norfolk Southern train. The case was filed against the railroad for failing to adequately maintain the crossing warning devices and against the driver of the vehicle. Before trial, a $900,000 settlement was entered into with the driver’s insurance carrier. After a five week trial, the jury returned its verdict.

 

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER
SETTLEMENT – 6,500,000

Confidential settlement obtained for two Wettermark & Keith clients following a motorcycle accident.

 

ELLIOTT V. ANONYMOUS HOSPITAL
SETTLEMENT – $6,200,000

At the time, this was the largest settlement in a Tennessee medical malpractice case. A forty-two year old man suffered brain damage when a nurse anesthetist failed to properly administer and monitor his anaesthesia during surgery.

 

JORDAN V. NORFOLK SOUTHERN RAILROAD
VERDICT – $5,000,000

David Jordan was struck by a Railroad train. He sustained numerous injuries that prevented him from returning to his previous occupation. Prior to trial, the Railroad offered $300,000 to settle the case. The jury returned its verdict in favor of Mr. Jordan after a four week trial.

 

WETTERMARK & KEITH CLIENT V. CORPORATION
SETTLEMENT – $2,750,000

Confidential settlement for Wettermark & Keith client who lost his leg in on an on the job injury.

 

WETTERMARK & KEITH CLIENT V. CORPORATION
SETTLEMENT – $2,750,000

Confidential settlement reached between a forty-five year old Wettermark & Keith client who multiple orthopedic injuries while performing his job duties for his employer.

 

HUTCHENS V. CSX TRANSPORTATION, INC.
VERDICT – $2,000,000

A fifty year old signal man fell twenty feet from a bridge while carrying a dwarf signal. He fractured his elbow, both wrists, and his foot. His injuries prevented him from returning to his employment with the Railroad. The railroad payed for Mr. Hutchens’ retraining in computer sciences and offered to settle the case for $400,000. The verdict came after a four day trial.

 

WILLIAMS V. CSXT
VERDICT – 1,953,000

Christine Williams, a CSXT bridge tender, was the victim of a criminal attack while attempting to enter a bridge house in Bradenton, Florida.  Christine suffered a traumatic brain injury with balance problems, a fracture of her cheek and orbit socket, shallow stab wounds and a torn meniscus in her knee.  A previous CSXT employee had reported the presence of trespassers on the bridge in the years prior to the attack with no recognizable response from the railroad.  The Tampa, Florida jury returned its verdict after a several week trial.

 

KIRKLAND V. NORFOLK SOUTHERN RAILROAD
VERDICT – $1,924,000

Mr. Kirkland, a forty-five year old Norfolk Southern trainman, slipped from a hopper car that was covered with kaolin clay. He suffered permanent back injuries. Although Mr. Kirkland’s injuries were not severe enough to require surgery, he was unable to return to his previous employment with the Railroad. The Railroad offered $150,000 to settle before trial. During the trial, the Railroad raised its offer to $350,000. Following a three day trial, the jury deliberated for less then thirty minutes returning its verdict for Mr. Kirkland.

 

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER
SETTLEMENT – 1,750,000

A forty year old Wettermark & Keith client sustained severe fractures of his hip requiring surgery following an automobile accident.

 

WORSHAM V. CSX TRANSPORTATION, INC.
VERDICT – $1,679,262

Mr. Worsham was a forty-fear year old switchman for the Railroad. He injured his shoulder while trying to align a railroad switch. During the physical recovery of his shoulder, he became severely depressed. The settlement offer was $400,000. This was the first recorded million dollar FELA verdict against a railroad for primarily psychological injuries.

 

OAKS V. WILEY SANDERS TRUCK LINES
VERDICT – $1,666,238

Connie Oaks was struck by a Wiley Sander’s Truck after it ran a red light.  Connie was airlifted from the scene with multiple fractures throughout her body.  She required one surgery to her hip pelvis.  Initially, the trucking company claimed that Connie’s actions contributed to the collision.  They, however, abandoned that defense on the eve of trial.  The Lexington, Kentucky federal jury returned its verdict after a five day trial.

 

MONHOLLEN V. CSX TRANSPORTATION, INC.
VERDICT – $1,600,000

This fifty-five year old pipefitter worked his entire career at the railroad’s locomotive repair facility. His job required extensive use of solvents and chemical degreasers. Eventually, these toxic chemicals caused him to develop toxic encephalopathy. This verdict was the first million dollar plus verdict for a railroad worker exposed to cleaning solvents. Before trial, the Railroad offered $25,000 to settle the case.

 

HALL V. CANADIAN NATIONAL RAILROAD
VERDICT – 1,501,097

James Hall was a fifty-nine year old switchman for the Canadian National/Illinois Central Railroad. He fractured his left knee while attempting to mount a moving locomotive engine. He was medically disqualified from returning to work with the Railroad. The morning of the first day of trial, the Railroad offered $150,000 to settle the case. The jury returned its verdict following a four day trial.

 

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER
SETTLEMENT – $1,000,000

Wettermark & Keith client suffered from severe hip injuries following a car accident. A confidential settlement was reach on behalf of Wettermark & Keith client shortly before trial.

 

JOHNSON V. ILLINOIS CENTRAL RAILROAD
VERDICT – $985,000

Jury verdict rendered for Everett Johnson an employee of the Illinois Central Railroad our of Baton Rouge, Louisiana.  Everett sustained a knee injury after slipping in mud in the Railroad’s railroad yard.  The Railroad contended his knee injury was a preexisting condition.  Prior to trial, the Railroad offered $300,000 to settle the case.  The Ascension Parish jury returned its verdict after a five day trial.

 

RHINEWALT V. J&S TRUCKING COMPANY
SETTLEMENT – 980,000

Cecil Rhinewalt sustained neck and back injuries after a J&S tractor trailer pulled out in front of him. The case settled for the trucking company’s insurance policy limits.

 

WETTERMARK & KEITH CLIENT V. CORPORATION
SETTLEMENT – $850,000

Confidential settlement for Wettermark & Keith Mississippi client who sustained a broken wrist while performing his job duties.

 

WETTERMARK & KEITH CLIENT V. TRUCKING COMPANY
SETTLEMENT – $750,000

Confidential settlement for Wettermark & Keith client’s family who sustained back injury in accident with a semi-truck.

 

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER/INSURANCE
SETTLEMENT – 675,000

Confidential settlement obtained for Wettermark & Keith client who sustained knee injuries after the motorcycle he was riding was struck by another driver. The settlement was obtained from the other driver and his employer, who happened to be an insurance company.

 

WETTERMARK & KEITH CLIENT V. TRUCKING COMPANY
SETTLEMENT – $525,000

Confidential settlement obtained for an Indiana Wettermark & Keith client who sustained leg injuries resulting in fractures following a collision with a Tractor being driven by a large trucking company.  Wettermark & Keith contended the driver of the truck ran a red light.

 

WETTERMARK & KEITH CLIENT V. TRUCKING COMPANY
SETTLEMENT – $250,000

Confidential settlement obtained for Wettermark & Keith client injured in an automobile accident with a trucking company. Wettermark & Keith client sustained fractures to his face. The trucking company initially contended that it wasn’t at fault and that the Wettermark & Keith client was racing another vehicle at the time of the accident.

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Wettermark & Keith secures a reversal of judge's decision by the Appeals council for their client

Wettermark Keith is pleased to announce exciting news from the Social Security department. While our attorneys have an extremely successful track record in obtaining favorable outcomes for our clients, sometimes the journey is longer than others. When a client receives an unfavorable decision from an Administrative Law Judge, the available recourse is to appeal that decision to the Appeals Council, the body responsible for reviewing cases for mistakes made by the previous judge as to the law or facts. Unfortunately, due to the strict standard of review, the Appeals Council fails to find a reason to overturn or remand the prior determination in the vast majority of cases. However, our attorneys are committed to ensuring that our clients receive the benefits they deserve.

This month, Attorney Jessica Brooks secured a reversal of the judge’s decision by the Appeals Council for her client. A more common outcome when the Appeals Council takes issue with a judge’s decision, is a remand to the judge in order to conduct a another hearing, a process which is time consuming and does not always result in a positive outcome. A reversal constitutes an outright order of payment of benefits to the claimant and only happens in 2% of cases! Ms. Brooks added, “I understand that this is often a long and frustrating process for my clients. This was a case that went to hearing in November of 2011 and we received the Appeals Council reversal in February of 2014. However, the fact that my client will be compensated for that time in back pay makes the determination and hard work worth it.” Wettermark Keith looks forward to future Appeals Council reversals as we continue to provide our expertise and experience to our clients.

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