The law firm has handled a number of notable cases over the years. The following represents a few current cases and some of the comments from the clients involved in those cases.
CASE TYPE: Personal Injury/Wrongful Death (Automobile Collision).
CASE NAME: Patricia Jean O'Connell, statutory trustee, Plaintiff, v.James D. Kirkland and Jane Doe Kirkland, husband and wife, and State of Arizona, Defendants.
COURT: Superior Court of Pima County, State of Arizona.
SUMMARY: On October 1, 1998, decedent was driving his car and traveling on a highway in Pima County, State of Arizona, when Defendant James D. Kirkland, an employee of the State of Arizona, who was driving a state truck, violently crashed into the decedent's vehicle, T-boning the vehicle, and killing the decedent.
INJURIES: Death.
LITIGATION STATUS: The lawsuit in this case was filed after defendants denied plaintiff's pre-litigation claim. Co-counsel was obtained in Arizona for the out-of-state litigation.
SETTLEMENT: During the litigation and after mediation the case was settled for One Million Dollars ($1,000,000.00).
CLIENT COMMENTS: The following are comments from the decedent's family: ". . . they made a difficult time bearable . . . the firm dealt with us in a straight forward manner and with respect for our dignity . . . the death was difficult, reliving it during this case even more difficult, but the firm helped us through it and obtained a fair settlement for us . . . both the Arizona lawyer and the Smith, Schroeder & O'Connell lawyers were great . . ."
CASE TYPE: Personal Injury (Injuries from Horse/Equine).
CASE NAME: Kristen J. Kametches f/k/a Kristen Joy Bentle, Plaintiff, v. Bechara B. Dagher d/b/a Big Bear Trails, and John Does 1 through 5, Defendants.
COURT: State Court of Fulton County, State of Georgia.
SUMMARY: On April 26, 1998, while on defendant's property, and after one of defendant's agents invited plaintiff to ride defendant's horse, a horse that required an experienced rider, of which plaintiff was not and made that fact known to defendant's agent prior to getting on the horse, defendant's horse acted wildly, reared up, flipped over with plaintiff on the horse and then fell over backwards on top of plaintiff.
INJURIES: Cracked pelvis and back injuries.
LITIGATION STATUS: The lawsuit in this case was filed after defendants denied plaintiff's pre-litigation claim. Throughout the litigation defendant denied he was responsible.
SETTLEMENT: During the litigation and after defendant's Motion for Summary Judgment was denied the parties settled the case for One Hundred Thousand Dollars ($100,000.00).
ATTORNEY'S COMMENTS: The following are comments from Mr. O'Connell, plaintiff's attorney who handled the case: "The case was somewhat difficult due the fact that we had to get around the Equine Immunity Statutes that prevent a plaintiff from suing a horse or equine owner or handler. . . . due to a small exception in the statutes we were able to prevail and obtain a nice settlement for our client."
CASE TYPE: Civil/Tort/Nuisance and Trespass/Water Invasion.
CASE NAME: Christopher L. Baumann and Karen M. Baumann v. Michael R. Snider and Julie E. Abston.
COURT: Superior Court of DeKalb County, State of Georgia.
COURT OF APPEALS OPINION: BAUMANN v. SNIDER, 243 Ga. App. 526, 532 S.E.2d 468 (2000).
ADDITIONAL CASES WILL BE ADDED IN THE NEAR FUTURE.
