Summary Judgment - Jeff Starr and Sam Sabulis obtained summary judgment in Jackson County Superior Court on behalf of an insured HVAC company in a declaratory action as to an insurer’s duty to defend and indemnify the insured against claims arising out of an admitted liability motor vehicle accident resulting in surgical injuries to the underlying plaintiff. The insurer sought to deny coverage under a $1 million commercial auto policy, alleging the insured’s driver was not within the course and scope of his employment at the time of the underlying accident, but the court found that coverage applied as a matter of law. An appeal was withdrawn after the insurer settled the underlying tort action within the insured’s policy limits.

Contract Dispute - Jeff Starr negotiated a favorable settlement for less than 12% of an amount sought from a hospitality client sued for breach of a marketing contract. The plaintiff marketing firm sought to enforce an agreed upon liquidated damages clause following Mr. Starr’s client’s early termination of a written contract. Mr. Starr quickly developed defenses and counterclaims to secure a favorable settlement prior to the responsive pleading deadline resulting in a settlement for less than 12 cents on the dollar and potentially saving his client thousands in litigation costs and expenses.

Summary Judgment - Jeff Starr and Jason Hammer obtained summary judgment for an insurer in the State Court of Fulton County. The case arose out of an October 12, 2016 motor vehicle accident. The Plaintiff incurred in excess of $52,000 in past medical expenses and alleged the Defendant was underinsured. Mr. Starr and Mr. Hammer represented the Plaintiff’s putative underinsured motorist carrier, arguing the Plaintiff breached the notice provisions of the policy by failing to timely notify the insurer of the underlying motor vehicle accident. Plaintiff argued that the insurance policy at issue used ambiguous language when stating the notice requirement, that Plaintiff’s delay in notice was reasonable given ongoing medical treatment, and the insurer was not prejudiced by the delay. Mr. Starr and Mr. Hammer argued the insurance policy language was unambiguous, Plaintiff’s delay in providing notice was inexcusable, and that prejudice to the insurer is of no consequence when the insurance contract strictly outlines conditions for coverage. The Court agreed, granting the insurer’s Motion for Summary Judgment in full, thereby eliminating any liability or exposure to the insurer.

Plaintiffs' Verdict - Jason Hammer and Jeff Starr represented the Plaintiffs in a business dispute that arose out of a residential painting contract. The Plaintiffs contracted with a commercial painter to provide approximately $8,000 in painting services, but the Plaintiffs contended the job was not completed in a workmanlike manner and did not meet the terms of the agreement. The Defendant denied any breach of the contract and the case was tried to a jury in Fulton County Superior Court on both liability and damages. The jury returned a verdict in favor of the Plaintiffs for $33,000 in damages to remediate the improperly performed paint job, as well as address additional damages caused by the shoddy workmanship. In addition to the damages award, the jury awarded the Plaintiffs $53,000 in attorneys’ fees, for a total award of $86,000. The Defendant did not pursue any post-trial motions and the judgment was satisfied in full.

Favorable Jury Verdict - Jeff Starr and Jason Hammer won a favorable jury verdict for their client in Fulton County State Court. The case arose after the Defendant was driving her vehicle through a parking lot and struck a twelve year-old boy on a bicycle. The minor suffered multiple contusions, abrasions and a fractured foot. The fracture healed, but only after the minor was on crutches in a cast and subsequently wearing a walking boot for many months. The Plaintiff incurred $5,600 in medical expenses. We defended the case on liability, arguing the minor’s own negligence was the sole proximate cause of the accident. Multiple eyewitnesses were presented at trial and the accounts of the accident varied significantly, including those of the parties. The jury returned a verdict awarding the Plaintiff medical expenses only with a $0 pain and suffering award. Significantly, the jury found the Plaintiff 49% at fault for the accident. With a total recovery of only $2,800, the Plaintiff likely recovered nothing after the contingency fee and litigation expenses were paid.