Notable Legal Cases
Fireman’s Fund Insurance Company v. Dean, 212 Ga. App. 262, 441 S.E.2d 436 (1994).
This case arose out of the murder of Thomas Kidwell, for which his wife, Joyce was subsequently tried and convicted. On the day after the murder, the Kidwell residence was intentionally set on fire and burned to the ground. The house was titled and insured jointly in Mr. and Mrs. Kidwell’s name. Bill represented the Estate of Thomas Kidwell and brought a claim against the homeowner insurer, Fireman’s Fund, to recover for the loss of the home and contents.
The insurer argued that the entire policy was void because Joyce Kidwell refused to submit to an examination under oath and intentionally concealed material facts.
At trial the jury returned a verdict for the Kidwell estate. The Georgia Court of Appeals upheld the verdict and agreed with Bill’s argument that the Fireman’s Fund Policy was not voided by the action of Mrs. Kidwell and that Mr. Kidwell, as an innocent co-insured, was entitled to recover. This case set a new standard for the rights of homeowners under their insurance policies.
Brogdon v. National Healthcare Corporation, 103 F. Supp. 2d 1322 (2000).
Bill teamed up with several attorneys in bringing a case on behalf of current and deceased residents of a long-term healthcare facility seeking enforcement of minimally required levels of nursing care under Federal and State law. The case, argued before the U. S. District Court for the Northern District of Georgia, was significant for its ruling that Federal law did not pre-empt the Plaintiffs’ claims under State law. It subsequently settled favorably for the claimants.
Georgia Department of Transportation v. Dupree, 256 Ga. App. 668, 570 S.E.2d 1 (2002).
This case arose out of the death of Mrs. Betty Dupree when she was struck by a car as she was walking across a state highway intersection. Bill and his partners at Johnson & Ward represented Mrs. Dupree’s estate in bringing a claim for negligent design of the intersection and wrongful death. After a favorable verdict at trial, the DOT appealed on grounds of sovereign immunity. The Court of Appeals denied the appeal and upheld the verdict of the trial court.
Georgia Department of Community Health, Division of Medical Assistance v. the Estate of Barbara Ann Canady, Gwinnett County Superior Court, Civil Action File No. 13A 03091 5 (2013).
Bill brought a nursing neglect and wrongful death claim against a long term care facility to a successful conclusion on behalf of the children of Barbara Ann Canady. After final settlement, the Canady estate was sued by the Georgia Department of Community Health, claiming reimbursement for $114,576.70 in Medicaid benefits paid for Mrs. Canady during her lifetime. Bill had to litigate the case twice, first against the owners and operators of the nursing home and second, against the Georgia Department of Community Health. Bill litigated the matter for a year at no charge to his clients, finally convincing the DCH at meditation to settle its claim for a modest sum, thereby protecting the recovery his clients obtained from the nursing home. This case demonstrates Bill’s commitment to obtaining satisfactory results for his clients.