Waldon Adelman Castilla McNamara & Prout proudly announces a significant trial victory for Partner Ben Harbin. In a challenging case involving an admitted fault head-on collision that totaled both vehicles, Mr. Harbin skillfully defended our deceased client’s estate. The plaintiff had suffered a Lisfranc fracture requiring three surgeries and faced the prospect of more, incurring approximately $100,000 in medical bills, largely from the accident’s immediate aftermath. The path to this victory was complex. The defendant had the minimum liability policy limits.  The carrier made multiple offers to tender.   Months before trial, the defendant made an additional personal contribution offer of $20,000 and title to 6.5 acres of land.  The Plaintiffs refused to accept and their last demand before trial was for $700,000. At trial, Ben Harbin strategically asked the jury to focus on the plaintiff’s past medical expenses. The jury ultimately returned a verdict of $32,500, a testament to Mr. Harbin’s insightful advocacy and unwavering commitment to our client’s interests in the face of considerable obstacles. This outcome underscores the firm’s dedication to achieving favorable results for our clients, no matter the complexities involved.

We are proud to announce that Partner Jonathan Adelman has been invited to share his expertise as a panelist at an exclusive Mediator Panel Discussion focused on Georgia’s recently enacted tort reform legislation, Senate Bill 68 (SB68). The panel, featuring some of Georgia’s leading plaintiff and defense counsel alongside key carrier decision-makers, will delve into the significant impact of SB68 on settlement negotiations across the state. The discussion will cover critical aspects of the new law, providing invaluable insights for mediators, lawyers, and claims handlers alike. Key topics to be addressed include: The key provisions of SB68: A comprehensive breakdown of the legislative changes. How SB68 changes pre-suit demands, bad faith exposure, and settlement dynamics: An analysis of the practical implications for negotiation strategies. What Plaintiff and Defense lawyers REALLY think about the new law: Candid perspectives from both sides of the bar. Practical insights for mediators, lawyers, and claims handlers: Actionable takeaways for navigating the new legal landscape. Will cases settle more quickly? Or become even harder?: Exploring the potential long-term effects on the resolution of legal disputes. Jonathan Adelman brings a wealth of experience and a deep understanding of Georgia’s legal environment to this important discussion. His participation underscores Waldon Adelman Castilla McNamara & Prout’s commitment to staying at the forefront of legal developments and providing clients with informed and strategic counsel. “SB68 represents a significant shift in the way insurance claims and personal injury cases will be handled in Georgia,” says Adelman. “I look forward to engaging […]

Delivering a powerful defense, Waldon Adelman Partner Ben Harbin and Associate Dontez Mars secured a significant victory in Clayton County, Georgia. Following a two-day trial, the jury returned a verdict of just $30,000, significantly less than the $2.5 million sought by the plaintiff and even below the insurer’s pre-trial settlement offer. The plaintiff in the case presented past medical expenses totaling $190,000 and secured testimony from her treating physician indicating a need for future surgery estimated to cost an additional $200,000. Despite this substantial evidence and the plaintiff’s counsel’s multi-million-dollar request, the jury deliberated for only one hour before reaching their verdict of $30,000. “We are extremely pleased with this result,” said Ben Harbin. “Clayton County has a reputation for being one of the most difficult venues in Georgia for defendants. This favorable verdict underscores the strength of our defense strategy and our team’s dedication to achieving the best possible outcome for our clients, even in tough venues.” Dontez Mars added, “To secure a verdict significantly below the plaintiff’s claimed damages and even the pre-trial offer speaks volumes about the jury’s careful consideration of the evidence. This outcome demonstrates that a well-prepared and persuasive defense can succeed, regardless of the venue’s reputation.” This victory highlights the skill and tenacity of Ben Harbin and Dontez Mars in navigating complex legal challenges and achieving favorable results for their clients. The outcome serves as a testament to our firm’s expertise in trial advocacy, particularly in challenging jurisdictions.

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 […]