Alston & Bird Malpractice Verdict May Exceed $1.4M
Each side's lawyers disagree about how much the award should be reduced under apportionment law.
February 28, 2018 at 06:03 PM
2 minute read
The original version of this story was published on Daily Report
Alston & Bird may be on the hook for as much as $1.4 million between legal fees and damages after a jury came back Wednesday against the firm in an Atlanta malpractice lawsuit.
The Fulton County jury apportioned 32 percent of the blame to the law firm, while laying 60 percent on the former company manager accused of looting the business, and 8 percent to the company itself.
The jury awarded $697,614 in damages and $341,831 in interest, which will be apportioned, and nearly $1.1 million in fees and expenses, which Alston & Bird will have to cover in full.
The verdict left both sides' lawyers arguing over what the apportionment breakdown means. Lead plaintiffs attorney Harmon Caldwell told Superior Court Judge Craig Schwall the awards should only be reduced by the 8 percent blamed on Hatcher Management.
Defense attorney Richard Robbins said the verdict means Alston & Bird is only responsible for 32 percent of the entire award, including the fees and expenses.
Schwall said the plaintiff's version didn't seem to comport with the apportionment law.
“What's the point of the apportionment statute if you can't reduce nonparty fault?” he asked.
“I don't know the answer,” Schwall added, instructing both sides to draft briefs outlying their arguments.
Caldwell said the statute is somewhat confusing but that they believe the proper reduction is 8 percent.
“We were disappointed that the jury did not find the basis for punitive damages, but this was a very well-tried case,” he said.
“This verdict will be on appeal for the next four years,” Robbins said.
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