Goodman McGuffey Lindsey & Johnson LLP
University of South Carolina
Mr. Beans defends corporations in general, product liability, toxic tort and appellate litigation.Recent cases*Snyder v Holox (Sept 2007). Obtained dismissal for welding fumes defendant prior to filing answer. Litigation continues. *Folsom v Kawasaki, 2007 U.S. Dist. LEXIS 37936 (May 2007). Product liablity case against manufacturer of Jet Ski. Wrote the briefs leading to Court's order which granted defendant's Motion for Summary judgment on design defect, negligence per se, and punitive damages. Also excluded plaintiffs expert witnesses based on Daubert.*Wilkins v Rozier Brothers, Inc., et al. (March 2007). Obtained summary judgment for Georgia retailer in multi-defendant wrongful death case. Plaintiff contends that trace benzene from automobile paint caused Acute Myelogenous Leukemia responsible for death of her husband, who held a variety of jobs in his lifetime. Litigation continues against other defendants.* Wowk v Atlanta (Fulton State Court, October 2004). Obtained summary judgment for private security company in premises litigation arising from a wheelchair accident at a parking deck in the Atlanta Hartsfield-Jackson International airport. Judgment affirmed by the Court of Appeals, October 2006 and by Georgia Supreme Court, February 2007. *Becnel v TA v ISMG (February 2007) Summary judgment for contract security company in case pending in Northern District of Georgia. Third party allegations of negligence, breach of contract and misrepresentation which were not supported by testimony of actual client ruled not maintainable as a third party action. Case proceeded against defendant/third-party plaintiff.* Goodman v Georgia Power (February 2006, Whitfield County). Obtained summary judgment for Georgia Power in case arising from subcontractor fall from raised work area in power plant, based upon the statutory employer immunity doctrine. Affirmed by the Georgia Court of Appeals, December 2006.* Assurance v Sizemore (August 2006) Obtained dismissal for security contractor in property damage subrogation case. Litigation concluded.* Powell v Amtech (August 2006) Obtained summary judgment for elevator contractor in case arising out of civilian presence at Fort McPherson. Litigation continues against other defendant.* Parker v. Watlow (May 2006) obtained dismissal for electrical controls manufacturer in product liability case. Litigation continues against other defendants.* Rogers v Holox (March 2006) Obtained dismissal for industrial gas and equipment supplier in welding rod case. Litigation continues against multiple other defendants.*Pohl v Atlanta. (Fulton State Court, August 2004). Obtained summary judgment for private security company in premises litigation arising from assault at Hartsfield-Jackson International Airport.*Ruane v J.J. Morley Enterprises, Inc.(Gwinnett State Court, June 2004). Defended building services company in admitted liability lawsuit arising from vehicle collision. Verdict for Plaintiffs after four day trial, settled while on appeal.* Kohl v BP Amoco, et al. May, 2004. Obtained favorable settlement on behalf of pressure vessel fabricator, for less that the jurisdictional amount, in case involving three fatalities in an industrial accident. Settlement at mediation while Daubert motion was pending against Plaintiffs.* Chambers v. Morehouse College. (Fulton State Court, December 2003). Defended college in breach of contract claim arising from student disciplinary actions. Verdict for Defendant after four day trial.* McGaha v. Morehouse. (Fulton State Court, October 2003). Defended college in breach of contract claim arising from student disciplinary actions. Verdict for Plaintiff, reversed and remanded for new trial by Georgia Court of Appeals.*Coffie v Scapa, Inc. (February 2003). Obtained defense judgment for printing felt manufacturer in wrongful death case before the Georgia State Board of Workers Compensation. Widow claimed exposure to asbestos in occupational setting in late 1950s and early 1960s caused mesothelioma. No appeal.*Tillman v DTF, Inc. (Superior Court of Clayton County 2002) Defense verdict for trucking company client whose driver was rendered unconscious by a ruptured cerebral aneurysm, causing an accident.* Gantes vs. Kason Corp., (2002) Summary judgment in wrongful death product liability case on product alteration, misuse, and assumption of the risk. Affirmed by 11th Circuit. Case was transferred from New Jersey after defendant agreed to waive the statutes of repose and limitations.* HCPIII Woodstock v. Healthcare Services, Inc., 254 Ga.App. 242 (2002). Affirmed summary judgment to client in fire subrogation case. Alleged statement of former employee about cause of fire held inadmissible.* Wild v Xerox, State Court of Jackson County (2001). Defense verdict for self-insured defendant in vehicular case. No appeal.* Odum v Dupps: Summary judgment (statute of repose, product misuse) for manufacturer of industrial equipment in serious burn case. Affirmed by 11th Circuit shortly after oral argument.* Moore v TransWaste Services, Superior Court of Coffee County (2000). Plaintiffs sought compensatory and punitive damages against sanitation company (Zurich insured) which disposed of valuable property of plaintiff. Admitted liability. After three day trial jury returned verdict within settlement authority, less than half of what Plaintiffs asked the jury for, and no punitive damages. No appeal.* Sandres, et al. v. Environmental Investigations (2000): Summary judgment for industrial hygiene firm in serious burn case brought by three plaintiffs. Affirmed by 11th Circuit shortly after oral argument.* Moore v Positive Safety Company. Summary judgment for manufacturer of industrial safety device based on product misuse. Affirmed by 11th Circuit.* Lotti v. Benjamin Sheridan Company. Summary judgment for manufacturer of paint ball gun based on product misuse. Dismissed the day before oral argument at 11th Circuit.* Green v Uptons, State Court of Fulton County (1999). Directed verdict for defendant following two days of trial in intentional tort case brought by company employee suspected of theft in retail establishment. No appeal.* Fluidmaster, Inc. v. Severinsen, 238 Ga. App. 755, 520 S.E.2d 253 (1999). Manufacturer was facing serial property damage litigation. This case ended the litigation in Georgia.* City of Douglasville v. Queen, 270 Ga. 770; 514 S.E.2d 195 (1999). Affirmed trial Court?s grant of summary judgment to City based on public duty doctrine.* Long v Carter Encore, Superior Court of Fulton County (1998). Following four day trial in which Plaintiff asked jury for over $350,000, jury returned $20,000 verdict. The Coca-Cola Company provided the defense at trial to its landlord in premises liability case involving raised floor in technology center. The verdict was reduced by $7,000 as the amount Coca-Cola paid the plaintiff in workers compensation. No appeal.* Presto v. Sandoz, 226 Ga. App. 547; 487 S.E.2d 70 (1997). Summary judgment for pharmaceutical manufacturer based on learned intermediary doctrine.* Chrysler Corp. v. Batten, 264 Ga. 723; 450 S.E.2d 208 (1994). Seminal case interpreting statute of repose.* The Coca-Cola Company v. Nicks, 215 Ga. App. 381; 450 S.E.2d 838 (1994). Summary judgment based on borrowed servant doctrine.Recent Publications* 'Punitive Damages,' American Bar Association, Product Liability Committee, Editor (2007)* 'Warnings Law: Georgia, Tennessee' American Bar Association, Product Liability Committee (to be published 2006)* 'Dealing with Opposing Expert Witnesses after SB3: Old Tricks that Still Work' October 2005 Newsletter, Product Liability Law Section, State Bar of Georgia* 'Recent Developments in Product Liability' 2005 Journal, Georgia Defense Lawyers Association* 'Making the War of the Search Engines Work for Your Practice' Defense Research Institute, Technology Committee Newsletter, July 2005* 'Use of Toxicology in Tort Litigation.' ABA Products Liability Committee, Section of Litigation. Projected publication date Spring 2005'* 'Restatement in Drug and Medical Device Cases in State Court' ABA Products Liability Committee, Section of Litigation. July 2004'* Post Sale Duty to Warn. ABA Litigation Section, Product Liability Committee,2004, and second edition 2005.* Georgia Workers' Compensation Law. American Law Firm Association.* Recent Developments in Product Liability Law. Georgia Defense Lawyer's Association.* Epidemiology Issues: Survey of the Federal Circuits. American Bar Association.* Medical Monitoring. ABA Pharmaceuticals subcommittee.* FDCA preemption and liability, ABA.* Informed Consent for Off-Label use of a Medical Device, ABA.Recent presentations* 'Reprocessing and Reuse of Single-Use Medical Devices: New Century, New Litigation Risk?' Medmarc Annual CLE Seminar, June 2007.* 'Motions in Limine: Why Defendants File Them, and Why Sometimes They Should Not.' State Bar of Georgia Products Liability Section Seminar, May 2003.* 'Subsequent Design Changes.' Georgia Bar Product Liability Annual Seminar, May 2002.* 2002 Georgia Jury Summit, April 2002.* Junk Science. Georgia Defense Lawyer's 'Updates and Recent Developments for Advocates,' February 2002.* Jury Trial Innovations. Georgia State Court Judges' Continuing Judicial Education meeting. May 2001.Practice Areas: Premises LiabilityPharmaceutical and Medical Device LitigationProduct LiabilityToxic Tort and Environmental LitigationMemberships:State Bar of Georgia, American Bar Association, Defense Research Institute, and the Georgia Defense Lawyers Association.