JEFFREY VANDERLIP, ET AL
vs.
FIRST REALTY MANAGEMENT, ET AL
| Cobb Count Superior Court |
| Civil Action File No. 8514184-18 |
| |
| Liability Facts: |
A
third-floor apartment complex balcony fell approximately
35 feet to the ground injuring seven people who were on
the balcony at the time. Plaintiffs sued the owners,
management company, developer, contractor, and architect.
Because the building was 12 years old at the time of the
incident, the developer and architect were granted
summary judgment under the Georgia Statute of Repose
which states that a developer, contractor or architect is
only responsible for seven years after the completion of
the building for their negligence associated with the
construction project. This case emphasizes the absurdity
of such a law which has previously withstood a
constitutional challenge.
|
| |
| Injury: |
Plaintiff Jeffrey
Vanderlip suffered a slightly fracture vertabrae and a
broken leg; Julie Wilkes Vanderlip sufferd a broken arm
and other soft tissue injuries; Robert Watkins suffered a
sprained ankle and other soft tissue injuries; Mark
Davis, Steven Davis, Arthur Allen, and Jeremy Davis
suffered soft tissue injuries.
|
| Expert Witness: |
Plaintiff: Medical video depositions
had been obtained from John Knox, M. D.. John E. Brown,
Ph. D. had been retianed and identified as the
plaintiff's expert economist. Scottt Swartz, D. C. was a
may-call witness.
|
| Medical Expenses: |
Jeffrey Vanderlip, $6,500.00; Julie Wilkes Vanderlip, $5,500.00;
Robert Watkins, $3,000.00; Mark Davis, $2,000.00;
Steven Davis, $2,000.00; Arthur Allen, $1,500.00;
Jeremy Davis, $180.00.
|
| Settlement: |
The case was
settled April 20, 1990 for a total of $230,000.00 which
was broken down as follows: Jeffrey Vanderlip,
$110,000.00; Julie Wilkes Vanderlip, $65,000.00;
Robert Watkins, $17,000; Mark Davis,
$13,000.00; Steve Davis, $13,000.00; Arthur Aleen,
$10,000.00; Jeremy Davis, $2,000.00.
|
| Attorneys: |
Plaintiff: Robert A. Falanga and Jesse Barrow, Falanga & Chalker
Defendant: Michael S. Huff, Marietta
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Fax: (770) 955-2123
Fax: (770) 888-6210