After a two day trial in the Superior Court of Henry County, Adam C Joffe and Crystal D Kesler obtained a defense verdict before the Honorable Judge Carbo (sitting in on behalf of Judge Amero).

The case involved a rear end auto accident that occurred in 2014 where the Plaintiff alleged he suffered three herniated discs that required surgical correction. Adam and Crystal successfully excluded all evidence of the alleged future surgery and obtained directed verdict on both Plaintiff’s claims for future surgery and lost wages. Plaintiff asked the 12 person jury for an award in excess of $50,000. After deliberating for 20 minutes, the Henry County Jury returned a verdict for the Defendant.

Featured In This Article:

Adam C. Joffe

Partner

Atlanta Office

The South Carolina Supreme Court issued an opinion on April 26, 2017 addressing previously unanswered questions as to allocation of fault to non-party employers in cases brought by employees against third parties.  The Court held that: (1) a trial judge may instruct a jury on the reason why a non-party employer is not part of an action by an employee against a third-party related to an on-the-job injury; (2) a third-party may use an “empty chair” defense and suggest that an employer was at fault; (3) a jury may not apportion fault against a non-party employer ; (4) a trial judge may instruct a jury that an employer’s legal responsibility has been determined by the South Carolina Workers’ Compensation Commission; and (5) the amount of workers’ compensation benefits received by an employee is not admissible.  The opinion is Machin v. Carus Corporation (Opinion No. 27714).

The Court took up these issues in the context of a federal district court action by an employee who had received workers’ compensation benefits from his employer after alleging exposure to chemicals used in the work caused damages.  The employee could not sue his employer in tort since workers’ compensation benefits were his exclusive remedy as against his employer.   The employee instead sued companies responsible for manufacturing and distributing the chemicals. At trial, the chemical companies denied that the employee’s exposure was sufficient to cause damages.  The chemical companies put forth evidence demonstrating that it had provided warnings and directions for use of the chemicals to the empty chair employer, which the employer had not followed.  During deliberations, the jury asked why the employer was not part of the lawsuit.  The federal judge, applying South Carolina law, instructed the jury that they could only consider evidence presented.  The jury then returned a defense verdict.  The employee moved for a new trial, which resulted in the federal court judge certifying questions on the issues outlined above to the South Carolina Supreme Court. Before deciding the issues, the Court analyzed provisions of the Workers’ Compensation Act which grant injured employees the right to bring suits against third parties, but which bar the amount of compensation paid by the employer from being admissible as evidence.  The Court also analyzed the Uniform Contribution Among Tortfeasor’s Act, which provides for apportionment of percentages of fault, noting that it allows a defendant to assert that another “potential tortfeasor, whether or not a party, contributed to the alleged injury or damages and/or may be liable.”  In its discussion, the Court commented that it is difficult to reconcile the intersection of tort-based products liability principles to the no-fault workers’ compensation framework, given the potential for third parties to bear a disproportionate share of liability in tort and the employer’s central role in many workplace product-related injuries. The Court reconciled these competing principles by holding that a defendant may defend by arguing that the employer was at fault, or by using an “empty chair” defense.  But the Court refused to allow for use of a verdict form allocating fault to a non-party employer.  The Court based this upon the fact that an employer is immune from tort liability under the exclusivity provisions of the Workers’ Compensation Act.  The Court commented that an employer could still be found to have been responsible even if a jury could not allocate fault to an employer on a verdict form.  The Court explained that since there is no statutory basis for an employer to be a defendant in the tort action, there is no possibility of the employer being a “potential tortfeasor”, which is what the language of the Uniform Contribution Among Tortfeasor’s Act requires. The Court then held that a trial judge may instruct a jury that an employer is immune from suit pursuant to the Workers’ Compensation Act, but that an employer’s responsibility, if any, for an employee’s injuries is determined in another forum.  The Court specifically held that the amount of workers’ compensation benefits received by an employee is not admissible. The key takeaways from the decision are that defendants using an “empty chair” defense against a non-party employer may now get evidence of an employee’s workers’ compensation claim before a jury, though the amount of workers’ compensation benefits received by an employee cannot be put into evidence.  Additionally, while a non-party employer cannot be listed on a verdict form to apportion fault, the decision indicates that other non-parties may be eligible to be listed on a verdict form to allocate fault.

CLM is pleased to announce Adam Whitten will be speaking on “Managing Risk with Co-Morbidities in Today’s Diverse Workforce — The Burnout Spectrum”. This conference will be held on May 24-25 at the Chicago Marriott Downtown Magnificent Mile in Chicago, IL.

Adam Whitten is the managing partner of Goodman McGuffey’s Charlotte office. He began representing large corporations and insurance carriers immediately upon graduation from law school in 2003. He has represented nursing homes, banks, security companies, construction companies, airlines, telecommunication companies, hotels, employment staffing companies and large manufacturers in workers compensation matters across the state of North Carolina. He has also represented clients in civil matters involving negligence, premises liability and third-party liens.

Adam is a member of the North Carolina and Mecklenburg County Bar Associations. He has spoken to various groups including adjusters, human resource managers, risk managers and attorneys on a variety of legal topics including workers’ compensation, occupational disease, disability, return to work standards, communication with treating doctors, and the nuances of working with the North Carolina Industrial Commission and within the North Carolina Workers’ Compensation system. Adam has worked with the Children’s Law Center and Council for Children’s Rights in Charlotte advocating for children involved in difficult custody disputes.

Adam received his undergraduate degree in journalism from Brigham Young University in 1999. He was a member of the Golden Key National Honor Society. He was awarded the University Scholarship for his academic achievements. He also was awarded the Communications Department Talent Award scholarship for his performance with writing. He received multiple awards from the Society of Professional Journalists while working as a reporter and sports editor.

Adam earned his law degree from the University of North Carolina at Chapel Hill in 2003. While in Chapel Hill, Adam was on the Dean’s List and worked in the school’s pro bono program including some time assisting a local district attorney with domestic violence cases. In 2003, Adam was a national finalist in Chicago-Kent’s Louis Jackson National Student Writing Competition in Employment and Labor Law.

Adam is actively involved in the local community and has worked as a volunteer coach with the local YMCA and community sports organizations. He has also worked with the Boy Scouts of America as a merit badge counselor and assistant scout master. Adam is also fluent in Portuguese thanks to a two-year stint in southern Brazil as a missionary for his church.

Featured In This Article:

Adam E. Whitten

Partner

Charlotte Office

Congratulations to Bill Goodman, C. Wade McGuffey, Peter Muller and Robert Luskin for their selection as a 2017 Super Lawyer and Adam Joffe as a 2017 Rising Star.

Super Lawyers are selected through a combination of peer nominations, evaluations by third party researchers, and peer evaluations by practice area. For more information on the selection process, please click here. 

https://www.superlawyers.com/about/selection_process.html

Featured In This Article:

William S. Goodman

Founding Partner / Of Counsel

Atlanta Office

C. Wade McGuffey, Jr.

Founding Partner

Atlanta Office, Orlando Office

Peter D. Muller

Partner

Savannah Office

Attorney Teri Zarrillo and Dr. Raziano will be speaking this month at the Workplace Health Conference (https://www.workplacehealthmag.com/destination-workplace-health/ ) in Savannah, Georgia on January 27th. They will be speaking on “Issues in Pain Management”. Workplace Health Magazine, is a publication that is sent out twice each year. Workplace Health Magazine is dedicated to minimizing risk and promoting health in the workplace. The articles in each issue are a resource to keep the content up to date on the latest medical and legal issues related to Workers’ Compensation. 

Teri Zarrillo is a partner in Goodman McGuffey LLP, and primarily represents self-insured and commercially insured employers in workers’ compensation matters. Teri was admitted to the State Bar of Georgia and The Florida Bar in 1993.  She earned both her undergraduate and graduate degrees from Emory University (B.A. in 1990 and J.D. in 1993).  Teri serves on the Board of the Workers’ Compensation Section of the Atlanta Bar Association, and the Board of the Atlanta Claims Association, where she was Education Chairperson from 2012-2015 and currently serves as the Sponsor Liaison Chairperson.  She also is an active member of the Atlanta Lawyers Club, CLM, and RIMS.

For more information about Workers’ Comp or Goodman McGuffey, please contact Teri Zarrillo at tzarrillo@gm-llp.com or 404.926.4109.

Featured In This Article:

Teri Alpert Zarrillo

Managing Partner

Atlanta Office

Attorneys Teri Zarrillo and Robert Luskin attended the National Workers’ Comp and Disability Conference last week in New Orleans. For 24 years, the National Workers’ Compensation and Disability Conference® (NWCDC) has provided the best workers’ comp and disability management training available — attracting thousands of industry professionals each year. While there, they co-sponsored an Airboat Swamp Tour.

Teri Zarrillo is a partner in Goodman McGuffey LLP, and primarily represents self-insured and commercially insured employers in workers’ compensation matters. Teri was admitted to the State Bar of Georgia and The Florida Bar in 1993. She earned both her undergraduate and graduate degrees from Emory University (B.A. in 1990 and J.D. in 1993). Teri serves on the Board of the Workers’ Compensation Section of the Atlanta Bar Association, and the Board of the Atlanta Claims Association, where she was Education Chairperson from 2012-2015 and currently serves as the Sponsor Liaison Chairperson. She also is an active member of the Atlanta Lawyers Club, CLM, and RIMS.

Robert Luskin is a partner and an experienced trial lawyer in the Atlanta office who represents clients in a wide range of insurance matters and employment litigation in Federal and State Courts across Georgia and the Southeast. Robert has experience in defending corporations and individuals in various complex litigation matters as well as extensive experience in the areas of products liability, premises liability, professional negligence, questionable insurance claims and other insurance coverage matters. Robert also represents various companies with regard to employment related matters including discrimination and harassment issues.

For more information about Workers’ Comp or Goodman McGuffey, please contact Teri Zarrillo at tzarrillo@gm-llp.com or Robert Luskin at rluskin@gm-llp.com. 

Featured In This Article:

Teri Alpert Zarrillo

Managing Partner

Atlanta Office

Attorney Stephanie Glickauf spoke at the 2016 Advanced Insurance Fraud Seminar, which took place on November 14 – 15, 2016 at the Hilton Chicago/Indian Lakes Resort in Bloomingdale, Illinois. Their topic, “When Sharing Isn’t Caring: Fraud and the Sharing Economy,” discussed how the sharing economy (e.g., Uber, Airbnb, Lyft) has changed the scope of insurance coverage in the United States. While the insurance companies scramble to keep up, participants in these sharing economies struggle to find coverage. This struggle often leads to fraud. This presentation will address why fraud is common, common areas of fraud, how to best discover it, and what to do if you find it. 

NSPII is an organization comprised of investigators, insurance claims personnel, attorneys, forensic experts, criminal investigators, educators, and retirees dedicated to the further refinement of investigative ideas, procedures and techniques. As a non-profit group, they sponsor annual seminars, publish a newsletter, and conduct regular meetings to inform and encourage individuals who strive toward the highest degree of professionalism in the areas of insurance fraud recognition, prevention and investigation.

Stephanie F. Glickauf is a Partner in the Atlanta office of Goodman McGuffey LLP.  Prior to joining the firm, Stephanie practiced as in-house legal counsel for Safeco Insurance Company. Stephanie has experience in general civil litigation, insurance defense litigation and insurance coverage litigation. Stephanie received her B.A. in English from Georgetown University in Washington, D.C. in 1996. She has been admitted to practice law in Georgia since 1999. Stephanie speaks nationwide on topics including insurance fraud, insurance coverage, and bad faith. 

For more information regarding the seminar and presentation, please click here (http://www.nspii.com/seminars/national_seminar-10/seminar_information-1/) . Stephanie can be reached sglickauf@gm-llp.com or (404) 926.4137

Featured In This Article:

Stephanie F. Glickauf

Partner

Atlanta Office

U.S. News’ Best Law Firms recognized Goodman McGuffey LLP as a 2017 “Best Law Firm” for its practices in Product Liability Litigation. Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2017 rankings are based on the highest number of participating firms and highest number of client ballots on record.

To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the U.S. Over 10,000 attorneys provided more than 800,000 law firm assessments, and over 10,000 clients provided more than 90,000 evaluations. 

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for its abilities, its professionalism and its integrity. Goodman McGuffey is ranked in Metropolitan Tier 3. 

Peter Muller was elected as the new 2016-2017 GDLA President. He was sworn in this past June by the outgoing President, Matt Moffett. Peter Muller is the managing partner of the firm’s Savannah office.  A native Savannahian, Peter has been defending a variety of lawsuits throughout Southeast Georgia for over 25 years, including premises liability, trucking accidents, construction liability, professional liability, catastrophic injuries, and EEOC claims. Peter has extensive experience at the appellate and trial levels, and he has successfully concluded numerous suits through mediation.

He is admitted to practice in the Supreme Court of the United States, the U.S. Court of Claims, the Eleventh Circuit Court of Appeals, the U.S. District Court of Georgia (Southern, Middle, Northern Divisions), the Georgia Supreme Court, and the Georgia Court of Appeals. He has been recognized as one of Atlanta Magazine’s “Georgia Super Lawyers” and as one of Georgia Trend Magazine’s “Legal Elite.” He has been active in the Savannah community for many years.

Peter completed Plebe Year at the U.S. Naval Academy in Annapolis and received his ABJ degree in Telecommunications from the University of Georgia in 1984. He received his law degree in 1987 from the University of Georgia, where he was on the Georgia Law Review Editorial Board, the Moot Court Board, and the Mock Trial Team, and was inducted into the Order of Barristers.

Featured In This Article:

Peter D. Muller

Partner

Savannah Office

Stephanie Glickauf spoke at the 2016 CLM National Construction Claims Conference on September 29, at the Manchester Grand Hyatt in San Diego. This panel like discussion, titled “Southeast/Mid-Atlantic Region – Not So Simple Addition: Coverage Issues Surrounding Additional Insureds In The Southeast” discussed coverage issues surrounding additional insureds on commercial general liability policies issued to contractors and subcontractors in the Southeast. These issues include priority of coverage, coverage (or not) for claims of an additional insured’s exclusive negligence, and how contractual indemnity and additional insured status work together and work with the Southeastern states’ laws regarding enforceable indemnity contracts. Additional Insured status has taken center stage in construction litigation in so many ways, and this panel will lead an interactive discussion about the not-so-simple challenges this issue presents.  

Stephanie F. Glickauf is a partner in the Atlanta office of Goodman McGuffey LLP.  Prior to joining the firm, Stephanie practiced as in-house legal counsel for Safeco Insurance Company. Stephanie has experience in general civil litigation, insurance defense litigation and insurance coverage litigation. Stephanie received her B.A. in English from Georgetown University in Washington, D.C. in 1996. While attending Georgetown, Stephanie rowed on the varsity crew team. Stephanie earned her Juris Doctor from the University of Georgia School of Law in 1999.  She has been admitted to practice law in Georgia since 1999. Immediately after law school Stephanie spent a two-year term clerking for the Honorable Mary E. Staley in the Cobb County Superior Court. Stephanie is a current member of the State Bar of Georgia. She is an active member of CLM and speaks nationwide on topics including insurance coverage, bad faith, and fraud. Stephanie was born in Boston, Massachusetts.For more information regarding the seminar and presentations, please click here (https://www.theclm.org/Event/ShowEventDescription/5268) . Stephanie can be reached sglickauf@gm-llp.com or (404) 926.4137

Featured In This Article:

Stephanie F. Glickauf

Partner

Atlanta Office