Attorneys Wayne Tartline and Chang Zhou recently obtained a defense verdict in Gwinnett County

By Wayne Tartline July 15, 2024 Articles

On June 26, 2024, Bovis, Kyle, Burch & Medlin partner Wayne S. Tartline, working with associate Chang Zhou obtained a defense verdict in an auto collision case in the State Court of Gwinnett County after three days of trial.   

Plaintiffs, husband and wife, claimed that defendant driver and his employer caused a collision which led to debilitating injuries and over $100,000.00 in total medical costs. The wife who was the passenger in plaintiffs’ vehicle claimed that the collision caused herniations of discs in her neck and incurred over $15,000.00 in medical bills which included an epidural steroid injection. The husband, driver, claimed that the collision caused herniations of discs in his low-back, but also claimed a full thickness rent type tear of his right rotator cuff.  He was treated with facet injections and claimed that the injuries caused would require shoulder surgery at a cost of $78,936.00; his total medical special damages would be in excess of $107,000.00.  The plaintiffs’ treatments, surgical recommendation and expert testimony that the collision caused their injuries were provided by a national orthopedic medical practice. 

 At trial in Gwinnett County State Court, the plaintiffs testified that their life activities were significantly limited due to the injuries sustained in the collision. Plaintiffs asked for an award of damages of $286,000.00 or more.

 The defense presented expert medical testimony calling into question whether or not the claimed injuries, including the rotator cuff tear were actually related to the collision.  The defense was also assisted by expert testimony from biomechanical engineer Dr. Niky Zaragoza-Rivera, whose forensic investigation, and amazing command of the facts of the case, convinced the jury that the forces and mechanisms required for the injuries claimed were not present in this collision.

 After only an hour of deliberations, the jury returned a verdict in favor of the remaining defendant driver (his employer was dismissed from the case on a motion for directed verdict). Although the jury did find that the defendant driver was 90% at fault for causing the collision, the jury awarded no damages to either plaintiff. 

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By June 6, 2024 News/Events/Seminars

DeKalb Pro Bono honored Charles Medlin and those leading the charge towards providing equal access to justice at its awards luncheon March 13, 2024. Charles Medlin, Marilyn Kapaun, Erin Stone (see photo) and the Bovis, Kyle, Burch & Medlin Family Law team have volunteered service for 30 years. The firm’s team is proud to have acted as pro bono Guardians ad litem in cases for low income families of DeKalb County over the years. It has been a noble mission for us to assist these residents navigate a complicated legal system and provide service to those very much in need.


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Jury Agrees Defendant was Not DUI in Gwinnett County Collision Case

By Wayne Tartline March 15, 2024 Articles

On February 29, 2024, Bovis, Kyle, Burch & Medlin attorney Wayne S. Tartline, working with Lueder Larkin & Hunter partner Hillary Shawkat, obtained a very favorable verdict for their client who had caused a significant rear-end collision with Plaintiffs’ vehicle in 2018, and who had been accused of driving under influence of marijuana at the time.  Read More

Bovis Kyle Attorneys Wayne Tartline and Edward Pankowski Obtain Defense-Friendly Verdict in Cobb County Traumatic Brain Injury Case

By Edward "Ward" Pankowski March 11, 2024 Articles

Bovis Kyle attorneys Wayne Tartline and Edward “Ward” Pankowski obtained a defense-friendly verdict following a two-day jury trial in Cobb County State Court. The trial was the culmination of a lawsuit that stemmed from a September 10, 2021, accident, in which the defendant was videotaped running a stop sign and striking the plaintiff’s vehicle, pushing that vehicle into a nearby building. Read More

March Madness Again ...

By Eric A. Ludwig and Timothy R. Bennett March 8, 2024 Articles

It’s late Friday afternoon. You are counting the minutes until 5:01 pm to head into the weekend to watch March Madness after a long week as an adjuster for ABC Insurance Co. You receive certified letter regarding a Plaintiff who was involved in a motor vehicle accident. You open the manila envelope and read “Plaintiff’s Offer of Settlement under O.C.G.A. § 9-11-68” to resolve Plaintiff’s claim against the Underinsured Motorist Carrier (“UM Carrier”). It says you must accept in 30 days or be responsible for attorney fees. Now, your concerns shift from contemplating whether UConn’s basketball team should be considered a “blue blood” program to whether the Plaintiff’s Offer of Settlement is effective as a matter of law. Read More

Attendee Recap | 34th Annual Northeast Surety & Fidelity Claims Conference

By Mark L. Pickett October 31, 2023 News/Events/Seminars

The 34th Annual Northeast Surety & Fidelity Claims Conference, held September 20-23, 2023 at the Ocean Casino Resort in Atlantic City, New Jersey, proved to be a great success, bringing together a wide range of professionals across the surety industry. This year’s conference continued the three-decade-plus tradition of featuring presentations from both outside counsel and in-house surety claims professionals who provided both legal insights and practical tips for handling surety and fidelity claims. In addition to the educational opportunities, the conference also fostered networking opportunities new and old. Read More

Attorneys Wayne Tartline and Ward Pankowski Obtain Defense Verdict In Habersham County House Fire Trial

By Wayne Tartline October 26, 2023 Articles

On October 25, 2023, Bovis Kyle Attorneys Wayne Tartline and Ward Pankowski obtained a defense verdict for their client in the Habersham County State Court in Clarkesville, Georgia.  The homeowner plaintiffs sued their long time HVAC contractor after a fire engulfed their home in November of 2017. Despite that the HVAC contractor had not done any work at the home in the approximately eighteen (18) months prior to the fire, the plaintiffs claimed that their work had caused the fire.  Plaintiffs’ expert electrical engineer quickly concluded that the fire was electrical in nature and was caused by poor workmanship by the defendant HVAC contractor.  Read More