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JEFFREY
VANDERLIP, ET AL
vs.
FIRST REALTY MANAGEMENT, ET AL
Cobb Count Superior Court
Civil Action File No. 8514184-18
Liability Facts: A third-floor apartment complex
balcony fell approximately 35 feet to the ground
injuring seven people who were on the balcony at the
time. Plaintiffs sued the owners, management
company, developer, contractor, and architect.
Because the building was 12 years old at the time of
the incident, the developer and architect were
granted summary judgment under the Georgia Statute
of Repose which states that a developer, contractor
or architect is only responsible for seven years
after the completion of the building for their
negligence associated with the construction project.
This case emphasizes the absurdity of such a law
which has previously withstood a constitutional
challenge.
Injury: Plaintiff Jeffrey Vanderlip suffered a
slightly fracture vertabrae and a broken leg; Julie
Wilkes Vanderlip sufferd a broken arm and other soft
tissue injuries; Robert Watkins suffered a sprained
ankle and other soft tissue injuries; Mark Davis,
Steven Davis, Arthur Allen, and Jeremy Davis
suffered soft tissue injuries.
Expert Witness: Plaintiff: Medical video depositions
had been obtained from John Knox, M. D.. John E.
Brown, Ph. D. had been retianed and identified as
the plaintiff's expert economist. Scottt Swartz, D.
C. was a may-call witness.
Medical Expenses: Jeffrey Vanderlip, $6,500.00;
Julie Wilkes Vanderlip, $5,500.00;
Robert Watkins, $3,000.00; Mark Davis, $2,000.00;
Steven Davis, $2,000.00; Arthur Allen, $1,500.00;
Jeremy Davis, $180.00.
Settlement: The case was settled April 20, 1990 for
a total of $230,000.00 which was broken down as
follows: Jeffrey Vanderlip, $110,000.00; Julie
Wilkes Vanderlip, $65,000.00; Robert Watkins,
$17,000; Mark Davis, $13,000.00; Steve Davis,
$13,000.00; Arthur Aleen, $10,000.00; Jeremy Davis,
$2,000.00.
Attorneys: Plaintiff: Robert A. Falanga and Jesse
Barrow, Falanga & Chalker
Defendant: Michael S. Huff, Marietta
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