Matthew Wetherington, Atlanta. (Photo: John Disney/ALM)

Plaintiffs lawyer Matt Wetherington has parted ways with his law partner, Mike Werner, to venture out on his own.

Wetherington is pursuing a variety of class actions and multiplaintiff cases—including suits against the Sheraton Atlanta Hotel over the recent outbreak of Legionnaire's disease—while Werner is sticking with single-plaintiff, high-stakes, catastrophic vehicular injury cases. 

Wetherington, 34, said that, after five years working with Werner at their firm, Werner Wetherington, he was ready to run his own shop. He started working for Werner as an associate, and two years ago Werner made him a name partner at their firm.

"I'm trying to handle big injury cases but cases with a larger social significance, like protecting people from infectious diseases or making the auto industry safer," Wetherington said. "I'm taking on causes, not cases." 

It was an amicable split, the two said. "I am Matt's biggest fan," said Werner. "I know he will be successful. It's amazing how much he's grown in five years. I'm like a proud parent."

Wetherington said Werner "has been one of the best friends, partners and mentors that anyone could ask for."

Werner and Wetherington had a successful partnership. The first case they tried together in 2014, for a motorcyclist who lost his leg when an ambulance crashed into his bike, returned an $8.6 million verdict from a Rome jury. They have chalked up a string of million-dollar-plus verdicts since then. 

"What's great is different lawyers enjoy different niches," Werner said. "As long as all niches are covered to help the consumer and the public, it's all good."

The two said they didn't have any disputes over cases, money or staff. Associate Nola Jackson remained with Werner at his firm, Werner Law, in Buckhead. Another associate, Robert Friedman and three staff members joined Wetherington at Wetherington Law Firm, 55 Ivan Allen Jr. Blvd. N.W., next to the downtown W Hotel. 

From Legionnaire's to Unlawful Booting

Wetherington said he's already looking to hire additional lawyers and support staff because he's been so busy.

Last month, Chris Stewart of Chris Stewart Trial Law asked him to help with the Legionnaire's cases. On Aug. 12, they filed the first suit against the Sheraton hotel in Gwinnett County State Court. 

So far, they are representing 70 victims, Wetherington said, adding that some people who tested negative for the bacteria two weeks ago are now testing positive. "These people are in really bad shape. Some are having to relearn how to walk, and some can't remember who they are."

The Georgia Department of Public Health on Aug. 15 confirmed that the outbreak originated from bacteria in the Sheraton's cooling towers and lobby fountain. The downtown hotel reopened last week after shutting down July 15. 

Two other big causes for Wetherington are illegal booting and defective tires that blow out at high speeds, causing car wrecks.

He said he has about a dozen open cases over accidents caused by defective tires in Georgia and elsewhere. "There is almost always a horrific injury," he said. "Tires don't fail at low speeds." 

Wetherington, a Daily Report On the Rise pick in 2014, was so troubled by one tire failure and ensuing wreck leaving a teenager quadriplegic that he created a consumer website, Tire Safety Group, with a national database of recalled tires tracked by DOT number.

Wetherington said he has about 30 class actions or putative class actions underway, of which roughly 20 are over unlawful booting—when parking companies boot cars and charge fees in the absence of an ordinance permitting it.  

Last week a Clayton County State Court judge granted class certification for an additional unlawful booting case, involving at least 250 plaintiffs who paid to have a car boot removed at the Wesley Chapel Crossing shopping center.

And in July Wetherington achieved his first settlement in a booting class action that he brought in 2017 against a property owner in Gwinnett County Superior Court. He said everyone in the class will receive about $250.

Wetherington added that the booting suits could go national, as he's been getting calls on the issue from all over. 

"My hope is to take on bigger and bigger causes and really make a difference for people," he said.