'Blowback': Worker Hurt by Falling Pine Tree Wins $4.25M
Zachary Sprouse and Brent Savage Jr. of Savage Turner Durham Pinckney & Savage in Savannah won a $4.2 million verdict for Howard Tyson. They say he hasn't been able to walk or get out of bed on his own since a limb of a falling pine tree hit him in 2014.
August 23, 2019 at 04:40 PM
3 minute read
A jury in McIntosh County on the Georgia coast returned a $4.25 million verdict for a tree-cutting service worker hit by a limb from a falling pine.
Following a three-day trial before Atlantic Judicial Circuit Superior Court Judge Charles Paul Rose Jr., the jury awarded the sum to Howard Tyson.
Tyson lost the use of his arms and legs on Sept. 11, 2014, when a limb of a tall Georgia pine left him face down on the lawn of a beachfront home on exclusive Sea Island, according to court records.
It was the second trial for Tyson. The first ended in a hung jury with one holdout, according to his lawyers, Zachary Sprouse and Brent Savage Jr. of Savage Turner Durham Pinckney & Savage in Savannah.
It was the first verdict for Sprouse as lead plaintiffs counsel. Sprouse graduated from the University of South Carolina law school and joined the Savannah plaintiffs' powerhouse in 2017.
Savage credited Sprouse.
"I really came in at the end," Savage said. "Zach built the thing from the ground up, with a wonderful result."
Sprouse, in turn, credited Savage's direct examination of Tyson with swaying the jury. He said Savage let Tyson tell his story of what happened that day—from the wheelchair that will likely be part of his life from now on.
Tyson wasn't cutting the tree. He was part of the ground cleanup crew. But when the big pine was going down, part of it flew off toward Tyson. In the business, it's called "blowback," Sprouse and Savage said.
Sprouse and Savage alleged that Shellmar Tree Service owner Hank "Bo" Rowe took "unreasonably dangerous shortcuts" and "brushed aside rules which any prudent tree care professional must observe."
Rowe and his company were defended by W. Douglas Adams of Brunswick. Adams could not be reached for comment.
In an outline written for the consolidated pretrial summary, Adams argued that his client was not negligent, and even if he was, Tyson assumed the risk by working on the site.
The case is Tyson v. Rowe, No. SUV 2016000026.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllInsurer Not Required to Cover $29M Wrongful Death Judgment, Appeals Court Rules
After 2024's Regulatory Tsunami, Financial Services Firms Hope Storm Clouds Break
Trending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250