From February 24, 2025, through February 26, 2025, attorneys Matthew Hurst and Ellen Lu represented their client at trial in State Court of Cobb County. The lawsuit stemmed from a September 2019 rear-end automobile accident which the Plaintiff alleged resulted in injury to his neck and low back. The Plaintiff complained of injury at the scene and was taken by ambulance to Piedmont Henry Hospital. The Plaintiff received two years of treatment, which included chiropractic care, epidural steroid injections, and other non-surgical orthopedic treatment. At trial, the Plaintiff presented approximately $55,000.00 in medical expenses. With fault for the accident being clear, the defense team focused on contesting the Plaintiff’s claims of injuries and damages. During the discovery process, attorney Hurst was able to discover the Plaintiff had a history of prior automobile accidents and similar injuries. Moreover, attorney Hurst discovered the Plaintiff had been involved in several additional automobile accidents after the September 2019 accident. Understanding the difficulty in claiming the subject accident was the sole cause of the Plaintiff’s issues, the Plaintiff switched to an “eggshell Plaintiff” theory of the case. At trial, the Plaintiff’s treating physician causally linked the Plaintiff’s complaints to the September 2019 accident. During a blistering cross-examination, attorney Hurst successfully showed Plaintiff’s treating physician was unaware of any of the Plaintiff’s prior or subsequent automobile accidents or injuries. Despite that, the Plaintiff’s physician’s opinion regarding causation remained unchanged. During his cross-examination of the Plaintiff, attorney Hurst showed the jury that despite being deposed twice and […]

Waldon Adelman Castilla McNamara & Prout is proud to announce that 13 of its attorneys have been recognized by Super Lawyers. This prestigious recognition is a testament to their dedication, expertise, and unwavering commitment to our clients. Those who have been recognized include: Super Lawyers Honorees: Jonathan Adelman, Partner– has been selected for Georgia Super Lawyers for 17 consecutive years. Jonathan was also recognized as a Top 100: Georgia Super Lawyer Brian McCarthy, Partner – has been selected for Georgia Super Lawyers for 10 consecutive years. Prior to this, he was recognized by Rising Stars (2010-2014). Dan Prout, Partner – has been selected for Georgia Super Lawyers for 11 consecutive years. Ashley Rice, Partner – has been selected for Georgia Super Lawyers for 4 consecutive years. Prior to this, she was a Rising Stars Honoree from 2011-2020. Russell Waldon, Of Counsel – has been selected for Georgia Super Lawyers for 20 consecutive years. Rising Stars Honorees Rebecca Abraham, Partner – selected as a Rising Stars Honoree for 4 consecutive years Ryland Avery, Associate Sarah Britt, Partner – selected as a Rising Stars Honoree for 4 consecutive years Carolyn Lee, Partner Travis Meyer, Partner – second year receiving Rising Stars Honoree Andrew Panella, Senior Associate Jack Parker, Partner Ashley Yagla, Senior Associate – second year receiving Rising Stars Honoree Super Lawyers employs a rigorous, patented multi-phase selection process, evaluating attorneys on 12 indicators of peer recognition and professional achievement. Only 5% of all eligible attorneys are selected to Super Lawyers each year. […]

ATLANTA, GA – Governor Brian Kemp has unveiled a comprehensive tort reform package aimed at creating a fairer and more balanced legal environment in Georgia. The proposed reforms could significantly impact defendants in civil cases by addressing key areas of concern, including premises liability, medical damages, and litigation funding. The package seeks to reduce frivolous lawsuits, stabilize insurance costs, and promote a more predictable legal landscape for businesses operating in the state. “As I said in my State of the State address earlier this month, our legal environment is draining family bank accounts and hurting job creators of all sizes in nearly every industry in our state,” said Governor Brian Kemp. “After months of listening to our citizens, businesses, and stakeholders across the spectrum, it is clear the status quo is unacceptable, unsustainable, and jeopardizes our state’s prosperity in the years to come. This tort reform package protects the rights of all Georgians to have access to our civil justice system and ensures that those who have been wronged receive justice and are made whole.” Key provisions of the tort reform package include a reevaluation of negligent security standards, focusing liability on areas under direct control of the property owner. The reforms also target “phantom damages” by limiting medical damage claims to actual costs incurred and prohibit “anchoring” tactics in pain and suffering arguments, preventing the use of inflammatory comparisons to influence juries. Furthermore, the package addresses third-party litigation funding, with a specific ban on hostile foreign powers using Georgia’s […]

“There are few negligent security cases that go to trial. There are even fewer that are defended by lawyers with hundreds of personal injury trials under their belt,” says Partner Jonathan Adelman about Castilla’s recent trial win. Partner Hilliard Castilla recently obtained an excellent result in a wrongful death, premises liability case where the plaintiff alleged negligent security, among other things. The plaintiff demanded $15,000,000 during settlement negotiations and asked the jury for $25,000,000. The insurer extended a $1,000,000 offer. After apportioning most of the blame to the shooter — as Castilla suggested — the jury returned with a verdict that was $400,000 less than the last offer. Adelman continues, “This verdict demonstrates the importance of having someone who has been battle tested over and over again in the courtroom. Lawyers strive to find a niche, and it is important to remember a successful track record of trying personal injury and wrongful death cases, regardless of the specific tort involved, is a niche that can only be achieved through experience. Hilliard clearly brought that experience to the table in this case.”

Waldon Adelman Castilla McNamara & Prout announced a successful defense in a high-stakes trucking accident case. From December 9, 2024, through December 10, 2024, the firm represented a commercial truck driver and motor carrier in the Superior Court of Banks County, Georgia, following an October 2020 accident that resulted in significant property damage. Despite admitting fault, the defense team focused on vigorously contesting the plaintiff’s claims of injury and damages. The plaintiff alleged ongoing restrictions and pain from a closed head injury and spinal injuries. However, through meticulous preparation and persuasive courtroom arguments, the defense team successfully countered these claims by presenting compelling evidence from the plaintiff’s prior medical records and demonstrating inconsistencies in his post-accident behavior. After deliberating for two hours and fifteen minutes, the jury returned a verdict in the amount of $18,800. This outcome represents a significant victory for the defense, considering that the plaintiff’s pre-trial demand exceeded $500,000, and the trucking company’s insurance carrier had offered to settle the case for $90,000. “This case presented unique challenges,” said Jonathan Adelman, Partner, “Brian met the challenge of getting the jurors to return a verdict based upon what plaintiff’s injuries were and were not, despite the fact that he was representing a tractor-trailer driver and a trucking company. Striving for fairness was the goal, and it takes a special trial lawyer to convince a jury of twelve to be fair to a trucking company.” This successful outcome demonstrates Waldon Adelman’s commitment to providing exceptional legal representation to the […]

Waldon Adelman Castilla McNamara & Prout is proud to announce that it has been recognized as a top law firm in the 2025 edition of Best Law Firms by Best Lawyers. The firm was honored in the following categories: Metropolitan Tier 1 – Atlanta: Insurance Law and Personal Injury Litigation – Defendants Metropolitan Tier 2 – Atlanta: Litigation – Insurance Best Law Firms rankings are based on a comprehensive evaluation process that includes client and peer reviews, interviews with industry leaders, and an assessment of firm performance. This prestigious recognition reflects the firm’s commitment to excellence, client satisfaction, and legal expertise. Waldon Adelman Castilla McNamara & Prout is a leading law firm with a strong track record of success in Insurance Defense Litigation. The firm’s attorneys have been dedicated to providing exceptional legal services to clients for 40 years.

On August 26, 2024, the Georgia Court of Appeals found that, for direct action purposes, Georgia’s Motor Carrier Act includes rideshare companies. This ruling came in the form of plaintiff’s interlocutory appeal of the trial court’s grant of summary judgment in favor of a rideshare company’s liability insurer for an accident that occurred in June of 2020. Georgia’s Motor Carrier Act allows a plaintiff to add the Motor Carrier’s insurer as a named defendant in a case, which is contrary to the general rule disallowing a direct action against a liability insurer. This is obviously unwelcome news as the Motor Carrier Act is designed for commercial trucking cases and specifically excludes other forms of transportation for hire such as taxis or other forms of ridesharing (such as government authorized carpools). However, it may not be quite as bad as it seems. This ruling does not create any new regulatory framework or requirements for rideshare drivers that would be applicable to trucking companies such as driver logs, pre-trip inspections, and mandatory drug tests after accidents. Further, effective July 1, 2024, the statute under which the Court of Appeals based its decision has changed. Under the new version of the statute, plaintiffs may only join insurers of motor carriers to lawsuits when the motor carrier is insolvent/bankrupt or either the motor carrier or the driver cannot be personally served (O.C.G.A. § 40-1-112(c)). Therefore, under the current version of the statute, a plaintiff may not add a TNC’s liability insurer as a matter […]

Waldon Adelman Castilla McNamara & Prout is proud to have 7 lawyers awarded in the 2025 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. This tradition of recognizing outstanding legal talent through a rigorous peer-review process ensures that the awarded lawyers meet the highest standards of professional excellence. In a saturated market, clients need confidence that the very best in the industry are handling their most critical matters. Our firm was recognized in the practice areas of Insurance Law, Litigation – Insurance, and Personal Injury Litigation – Defendants. For more information on the Best Law Firms rankings, please visit the Best Law Firms website. The Best Lawyers in America (2025 Edition) Jonathan M. Adelman- (Recognized in Best Lawyers since 2021) Insurance Law Litigation – Insurance Personal Injury Litigation – Defendants  Daniel C. Prout (Recognized in Best Lawyers since 2022) Insurance Law Personal Injury Litigation – Defendants  Kevin Reardon (Recognized in Best Lawyers since 2025) Insurance Law Best Lawyers: Ones to Watch In America (2025 Edition) Sarah W. Britt (Recognized in Best Lawyers: Ones to Watch in America since 2025) Personal Injury Litigation – Defendants  Rakhi D. McNeill (Recognized in Best Lawyers: Ones to Watch in America since 2023) Insurance Law Personal Injury Litigation – Defendants  Andrew Panella (Recognized in Best Lawyers: Ones to Watch in America since 2023) Insurance Law Personal Injury Litigation – Defendants  Alexandra M. Svoboda (Recognized in Best Lawyers: Ones to Watch in America since 2021) Insurance Law Personal Injury Litigation – Defendants

Waldon Adelman Castilla McNamara & Prout is proud to announce its commitment to the Mansfield Certification process for the 2024-2025 period. This marks the firm’s ongoing dedication to fostering a diverse, equitable, and inclusive workplace. Mansfield is a year-long certification process designed to ensure that all qualified lawyers, including women, underrepresented racial and ethnic lawyers, LGBTQ+ lawyers, and lawyers with disabilities, have equal opportunities for leadership positions. By participating in this program, Waldon Adelman reaffirms its commitment to creating a more inclusive legal profession. “We are proud to be part of the growing number of law firms dedicated to Mansfield Certification,” says Jonathan Adelman, Partner. “This initiative aligns perfectly with our firm’s values and our commitment to building a diverse and inclusive workplace. We believe that fostering a culture of inclusivity is essential to our success and to the success of our clients.” Mansfield Certification involves a rigorous process that requires firms to identify and consider qualified candidates for leadership roles, including partners, committees, and governance boards. The program also emphasizes transparency and accountability, encouraging firms to share best practices and learn from one another. Waldon Adelman strives to create a workplace where all individuals have the opportunity to thrive and contribute to the firm’s success. By participating in the Mansfield Certification process for another year, the firm is taking a proactive step towards achieving this goal.

On July 7, 2024, after a three-day trial in Gwinnett County, Brian McCarthy limited a verdict to an amount below what plaintiff had already been paid as part of a prior limited liability release settlement.  Mr. McCarthy represented the UM carrier and acted as lead counsel at trial. This was an admitted fault motor vehicle collision where there were $48,000 in alleged medical specials and an alleged future disc fusion at C4—C5 and C6—C7.  Plaintiff sought treatment on the day of the accident and continued to treat conservatively for over a year and a half. In closing, plaintiff’s counsel asked the jury for $1,463,000.  After deliberations, the jury awarded $25,000. The defendant’s liability carrier had already paid its $50,000 policy limits for a limited liability release, translating to no recovery against Mr. McCarthy’s UM carrier client. Prior to trial, the UM carrier had offered $25,000.