Castilla Sways Jury to Apportion Blame & Limit Damages in Complex Wrongful Death Case
“There are few negligent security cases that go to trial. There are even fewer that are defended by lawyers with hundreds of personal injury trials under their belt,” says Partner Jonathan Adelman about Castilla’s recent trial win. Partner Hilliard Castilla recently obtained an excellent result in a wrongful death, premises liability case where the plaintiff alleged negligent security, among other things. The plaintiff demanded $15,000,000 during settlement negotiations and asked the jury for $25,000,000. The insurer extended a $1,000,000 offer. After apportioning most of the blame to the shooter — as Castilla suggested — the jury returned with a verdict that was $400,000 less than the last offer. Adelman continues, “This verdict demonstrates the importance of having someone who has been battle tested over and over again in the courtroom. Lawyers strive to find a niche, and it is important to remember a successful track record of trying personal injury and wrongful death cases, regardless of the specific tort involved, is a niche that can only be achieved through experience. Hilliard clearly brought that experience to the table in this case.”
Brian Williams Secures Significant Victory in Trucking Accident Case
Waldon Adelman Castilla McNamara & Prout announced a successful defense in a high-stakes trucking accident case. From December 9, 2024, through December 10, 2024, the firm represented a commercial truck driver and motor carrier in the Superior Court of Banks County, Georgia, following an October 2020 accident that resulted in significant property damage. Despite admitting fault, the defense team focused on vigorously contesting the plaintiff’s claims of injury and damages. The plaintiff alleged ongoing restrictions and pain from a closed head injury and spinal injuries. However, through meticulous preparation and persuasive courtroom arguments, the defense team successfully countered these claims by presenting compelling evidence from the plaintiff’s prior medical records and demonstrating inconsistencies in his post-accident behavior. After deliberating for two hours and fifteen minutes, the jury returned a verdict in the amount of $18,800. This outcome represents a significant victory for the defense, considering that the plaintiff’s pre-trial demand exceeded $500,000, and the trucking company’s insurance carrier had offered to settle the case for $90,000. “This case presented unique challenges,” said Jonathan Adelman, Partner, “Brian met the challenge of getting the jurors to return a verdict based upon what plaintiff’s injuries were and were not, despite the fact that he was representing a tractor-trailer driver and a trucking company. Striving for fairness was the goal, and it takes a special trial lawyer to convince a jury of twelve to be fair to a trucking company.” This successful outcome demonstrates Waldon Adelman’s commitment to providing exceptional legal representation to the […]
Waldon Adelman Recognized as a Top Law Firm in the 2025 Best Law Firms
Waldon Adelman Castilla McNamara & Prout is proud to announce that it has been recognized as a top law firm in the 2025 edition of Best Law Firms by Best Lawyers. The firm was honored in the following categories: Metropolitan Tier 1 – Atlanta: Insurance Law and Personal Injury Litigation – Defendants Metropolitan Tier 2 – Atlanta: Litigation – Insurance Best Law Firms rankings are based on a comprehensive evaluation process that includes client and peer reviews, interviews with industry leaders, and an assessment of firm performance. This prestigious recognition reflects the firm’s commitment to excellence, client satisfaction, and legal expertise. Waldon Adelman Castilla McNamara & Prout is a leading law firm with a strong track record of success in Insurance Defense Litigation. The firm’s attorneys have been dedicated to providing exceptional legal services to clients for 40 years.
Georgia Court Rules Motor Carrier Act Includes Rideshare
On August 26, 2024, the Georgia Court of Appeals found that, for direct action purposes, Georgia’s Motor Carrier Act includes rideshare companies. This ruling came in the form of plaintiff’s interlocutory appeal of the trial court’s grant of summary judgment in favor of a rideshare company’s liability insurer for an accident that occurred in June of 2020. Georgia’s Motor Carrier Act allows a plaintiff to add the Motor Carrier’s insurer as a named defendant in a case, which is contrary to the general rule disallowing a direct action against a liability insurer. This is obviously unwelcome news as the Motor Carrier Act is designed for commercial trucking cases and specifically excludes other forms of transportation for hire such as taxis or other forms of ridesharing (such as government authorized carpools). However, it may not be quite as bad as it seems. This ruling does not create any new regulatory framework or requirements for rideshare drivers that would be applicable to trucking companies such as driver logs, pre-trip inspections, and mandatory drug tests after accidents. Further, effective July 1, 2024, the statute under which the Court of Appeals based its decision has changed. Under the new version of the statute, plaintiffs may only join insurers of motor carriers to lawsuits when the motor carrier is insolvent/bankrupt or either the motor carrier or the driver cannot be personally served (O.C.G.A. § 40-1-112(c)). Therefore, under the current version of the statute, a plaintiff may not add a TNC’s liability insurer as a matter […]
A Legacy of Excellence Continues with Best Lawyers Recognition
Waldon Adelman Castilla McNamara & Prout is proud to have 7 lawyers awarded in the 2025 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. This tradition of recognizing outstanding legal talent through a rigorous peer-review process ensures that the awarded lawyers meet the highest standards of professional excellence. In a saturated market, clients need confidence that the very best in the industry are handling their most critical matters. Our firm was recognized in the practice areas of Insurance Law, Litigation – Insurance, and Personal Injury Litigation – Defendants. For more information on the Best Law Firms rankings, please visit the Best Law Firms website. The Best Lawyers in America (2025 Edition) Jonathan M. Adelman- (Recognized in Best Lawyers since 2021) Insurance Law Litigation – Insurance Personal Injury Litigation – Defendants Daniel C. Prout (Recognized in Best Lawyers since 2022) Insurance Law Personal Injury Litigation – Defendants Kevin Reardon (Recognized in Best Lawyers since 2025) Insurance Law Best Lawyers: Ones to Watch In America (2025 Edition) Sarah W. Britt (Recognized in Best Lawyers: Ones to Watch in America since 2025) Personal Injury Litigation – Defendants Rakhi D. McNeill (Recognized in Best Lawyers: Ones to Watch in America since 2023) Insurance Law Personal Injury Litigation – Defendants Andrew Panella (Recognized in Best Lawyers: Ones to Watch in America since 2023) Insurance Law Personal Injury Litigation – Defendants Alexandra M. Svoboda (Recognized in Best Lawyers: Ones to Watch in America since 2021) Insurance Law Personal Injury Litigation – Defendants
Waldon Adelman Reaffirms Commitment to Diversity Certification
Waldon Adelman Castilla McNamara & Prout is proud to announce its commitment to the Mansfield Certification process for the 2024-2025 period. This marks the firm’s ongoing dedication to fostering a diverse, equitable, and inclusive workplace. Mansfield is a year-long certification process designed to ensure that all qualified lawyers, including women, underrepresented racial and ethnic lawyers, LGBTQ+ lawyers, and lawyers with disabilities, have equal opportunities for leadership positions. By participating in this program, Waldon Adelman reaffirms its commitment to creating a more inclusive legal profession. “We are proud to be part of the growing number of law firms dedicated to Mansfield Certification,” says Jonathan Adelman, Partner. “This initiative aligns perfectly with our firm’s values and our commitment to building a diverse and inclusive workplace. We believe that fostering a culture of inclusivity is essential to our success and to the success of our clients.” Mansfield Certification involves a rigorous process that requires firms to identify and consider qualified candidates for leadership roles, including partners, committees, and governance boards. The program also emphasizes transparency and accountability, encouraging firms to share best practices and learn from one another. Waldon Adelman strives to create a workplace where all individuals have the opportunity to thrive and contribute to the firm’s success. By participating in the Mansfield Certification process for another year, the firm is taking a proactive step towards achieving this goal.
McCarthy’s Client Pays Nothing in Gwinnett County
On July 7, 2024, after a three-day trial in Gwinnett County, Brian McCarthy limited a verdict to an amount below what plaintiff had already been paid as part of a prior limited liability release settlement. Mr. McCarthy represented the UM carrier and acted as lead counsel at trial. This was an admitted fault motor vehicle collision where there were $48,000 in alleged medical specials and an alleged future disc fusion at C4—C5 and C6—C7. Plaintiff sought treatment on the day of the accident and continued to treat conservatively for over a year and a half. In closing, plaintiff’s counsel asked the jury for $1,463,000. After deliberations, the jury awarded $25,000. The defendant’s liability carrier had already paid its $50,000 policy limits for a limited liability release, translating to no recovery against Mr. McCarthy’s UM carrier client. Prior to trial, the UM carrier had offered $25,000.
Jury Returns Verdict for Reasonable Treatment Only and Well Below the Longstanding Pre-Trial Settlement Offer
Following a 4 day jury trial in Bartow County, Rakhi McNeill and Katie Rouse secured a verdict for their client less than the pre-trial offer. The case was an admitted fault, rear-end accident resulting in moderate property damage to the involved vehicles. Plaintiff sought treatment at the emergency room within 24 hours of the accident. After being discharged from the ER, plaintiff sought treatment with a chiropractor before being referred for pain management. Plaintiff’s treating physician noted a disc injury to the lumbar spine for which plaintiff underwent multiple types of injections and a percutaneous discectomy. The past medical specials were $240,698.20. Plaintiff also retained a life care planner and neurosurgeon who testified that plaintiff would need $232,000 in future treatment due to her lumbar pain returning within 2 years of her last treatment date. The defense retained a physiatrist as their causation expert and a billing expert. The defense position on causation was that plaintiff did not sustain an injury to the disc in her lumbar spine and while plaintiff’s injection treatment was reasonable, the percutaneous discectomy was not reasonable and necessary. The doctor also testified that the strain type injury that plaintiff sustained resolved by the date of her last treatment. The defense billing expert testified that the charges for plaintiff’s treatment with the pain management doctor were not reasonable due to improper coding and inflated charges from the ambulatory surgery center. The plaintiff asked the jury to award almost $1,000,000. The defendant asked the jury to award […]
Parker Obtains Favorable Verdict for Client in Clayton County
Following a 4 day trial in Clayton County, Jack Parker obtained a favorable outcome for his client. This was an admitted fault accident involving a t-bone style collision. Plaintiffs had medical specials of $24,000 and $13,000 and treated consisted of initial ER visits and several months of chiropractic treatment. Plaintiffs had each received $25,000 in pre-suit settlements. They rejected additional settlement offers of $20,000 and $25,000 at mediation. Plaintiff’s counsel asked the jury to award each plaintiff well into the six figures. Attorney Parker asked the jury to award each plaintiff their medical bills and a reasonable amount for pain and suffering. The jury awarded $20,000 and $30,000 to the plaintiffs. Due to an offset from the prior plaintiff settlements, the plaintiffs will only receive $5,000 total as a result of the verdict.
DeKalb County Jury Finds for Defendant After Six Years of Litigation
After three (3) full days of trial, on April 18, 2024, a DeKalb County jury found in favor of Ashley Rice’s client. This was a refiled lawsuit that was reached for trial eight (8) years after the subject rear-end accident and six (6) years after the defendant had originally been sued. Defendant admitted fault for the impact, which was relatively minor. No one reported injury at the scene. Plaintiff thereafter sought treatment for neck and back pain from the emergency room, a chiropractor, a neurologist, a physical therapist, and pain management. She introduced bills totaling just over $35,000. Plaintiff claimed MRIs showed a cervical herniated disc and lumbar disc bulge, though the defense’s expert radiologist read the same MRIs as showing a normal spine. Despite having been in two (2) subsequent accidents, plaintiff took the position that her injuries from 2016 never fully resolved and she had been in continuous pain for eight (8) years. Plaintiff asked the jury to award $250,000. The defense’s pre-trial offer was $30,000.