In a recent trial a Fulton County State Court jury unanimously concluded that a negligent staffing agency hiring a temporary forklift operator was responsible for a serious workplace injury of another employee. The jury returned a substantial $6.35 million verdict against the agency.
Victorious plaintiff attorney R. Scott Campbell of the law firm Shiver Hamilton Campbell successfully addressed unfavorable facts upfront with the jury. It was this transparent approach that led to the unanimous decision. In discussing the jury verdict, Campbell has expressed confidence in the trial outcome, asserting that there are secure measures in place to avoid an appeal.
The case revolved around the negligent retention and referral of a temporary forklift operator that significantly contributed to another employee’s injury.
In an in depth conversation about his strategy during this trial, Campbell revealed the prudent steps he took pre-emptively to guard against a potential appeal. He stated, “We were able to reach a high-low agreement just as the jury was coming back that ensures there will be no appeal”.
The high-low agreement, a mutual agreement between the defense and the plaintiff that guarantees a minimum and maximum amount a plaintiff can receive regardless of the jury’s decision, not only leads to a faster resolution but also removes the risk of an appeal. This legal tactic used by Campbell may potentially set precedence for similar future cases.