Michael L. Werner

Bar / Professional Activity

• Mr. Werner has been asked to speak at numerous Continued Legal Educational Seminars as well as being a speaker for the Georgia Trial Lawyer's Assocation.

Verdicts / Settlements (Case Results)

• IN THE STATE COURT OF SPALDING COUNTY, STATE OF GEORGIA ROBERT WILLIAM PARSONS and MATTHEW D. PARSONS, individually Plaintiffs v.Robert Lee Dorsey, Jr., Defendants. Defendant, Mr. Dorsey, was driving a school bus back to the bus terminal and was traveling East McIntosh Road at a high rate of speed when he crossed the center line and struck the vehicle occupied by Robert and Matthew Parsons. Matthew Parsons sustained fractures of his arm and underwent an open reduction, internal fixation of left displaced radius and ulna fracture at the Henry Medical Center. After surgery, he developed compartment syndrome and was left with limited use of his right arm. He was awarded $3,730,000.00.Robert Parsons suffered from an open left humeral shaft fracture, left tibial shaft fracture, right clavicle fracture, and right forearm fracture. He was awarded $1,133,755.00.Both were subsequently settled for a confidential amount. sum., 2006
• IN THE STATE COURT OF COBB COUNTY, STATE OF GEORGIA Joey Partin, Plaintiff vs.Bryan Johnson, and Ruth Kirk, Defendants. June 5th, 2003, Mr. Joey Partin was attempting to make a left hand turn on his Harley Davidson, when defendant Johnson negligently collided into Joey Partin's motorcycle. Mr. Joey Partin went to Grady Hospital where he was diagnosed with a fractured hip. The attending physician testified that Mr. Partin would require $150,000 of future medical care and would never be able to perform athletically as he did prior the wreck. Additionally, Mr. Partin was a construction worker and was unable to return to work for almost one year. Despite Mr. Parton only incurring less than $5,000 of medical bills prior the court date, he was awarded $1,500,000, 2006
• IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION Leslie Belk, as Administrator of the Estate of Samuel Jackson Plaintiff vs TIMOTHY J. DZIERZANOWSKI, and MAVERICK TRANSPORTATION, LLC Defendants. CIVIL ACTION: FILE NO. 1:06-cv-1980-TCB On November 4, 2005, Mr. Jackson was stopped in traffic on I-285 when he was rear-ended by Maverick Transportation’s tractor-trailer. Mr. Jackson was taken to Grady Hospital where he was found to have a subdural hematoma, mandibular fracture and a pterygoid fracture. He was intubated in the emergency room and taken to the Intensive Care Unit. On November 9, 2005, Mr. Jackson was taken to surgery to fix his mandible and pterygoid fracture. After the surgery, his blood pressure and oxygen saturation fell and he died approximately two hours later. The Defendants admitted liability for causing the wreck, but denied liability for causing Mr. Jackson’s death claiming that Mr. Jackson was recovering from the wreck, but died due to medical malpractice. Georgia Statute, O.C.G.A. § 51-12-33, allows this defense. The jury, after hearing all the evidence, must apportion a percentage to the defendant and the nonparty (Grady Hospital physicians) for causing the death of Mr. Jackson. In this case, the defense was claiming that 100% of Mr. Jackson’s death was caused by medical malpractice. The Defendants hired an anesthesiologist who testified that Mr. Jackson’s death was caused by a dislodged nasoendotracheal tube and not due to the wreck. Plaintiff, of course, argued that the death was due to delayed complications of the wreck. This was one of the first known cases that the defense tried this strategy and the outcome would have been fascinating. Mr. Jackson had no children and had never been married. He made approximately $14,000 per year. This case was settled two days before trial for $2,625,000, 2008
• IN THE STATE COURT OF COWETA COUNTY, STATE OF GEORGIA SANDRA BROOKS: Individually and as Administrator of the Estate of Justin R. Brooks, Plaintiffs v.DANIEL HANCOCK, ROGER OGNIO, OGNIO GRADING INC., dba RKO Hauling 7 Grading Civil Aciton No. 02SV351 On the morning of December 27th, 2001, Daniel Hancock, was traveling towards the intersection of Scenic Highway and Webb Gin House Road in Gwinnett County Georgia. As Mr. Hancock approached the intersection my client, Justin Brooks, was preparing to turn left onto Webb Gin House Road. Justin was in the middle of his turn when Mr. Hancock collided into the passenger side of Justin's vehicle. The force of the collision was so violent that it virtually demolished the passenger side of Justin's vehicle before pushing it another forty-five feet into another vehicle. The Defense and police faulted Justin Brooks for turning left in front of Mr. Hancock and there was evidence that my client had been smoking marijuana prior the wreck, however, defendants offered $100,000 to settle before trial. Despite the defendant's contentions, a Coweta County jury took only one hour to award Mr. Brooks family $2,750,000., 2005
• UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION MILTON JONES, Individually and as Administrator Of the Estate of FLORA MERIWEATHER, Plaintiff vs TIMOTHY J. DZIERZANOWSKIMAVERICK TRANSPORTATION COMPANY, INC., MAVERICK CIVIL ACTION FILE NO.:1:06-CV-1980-TCB On November 4, 2005, Flora Meriwether was struck by tractor trailer driver Mr. Tim Dzierzanowski. Ms. Meriweather was 67 years old and taken to Grady Hospital where she succumbed to her injuries days after the wreck. She started several businesses and was a shrewd entrepreneur. Although, many would argue that to succeed, one must be heartless, Flora did not follow this path. She would bring people who were down on their luck into her home and treat them as if they were family. She would give them a warm place to sleep, feed and clothe them until they could get back on their feet. Ms. Meriweather had several medical issues prior the wreck such as pulmonary hypertension, diabetes, and renal insufficiency. Despite these medical problems and her advanced age, Werner & Associates, LLC was able to get a $1,700,000 settlement., 2007
• IN THE SUPERIOR COURT OF FULTON COUNTY, STATE OF GEORGIA PRISCILLA QUAY, v. ROBERT JAMES RUSSELL, M.D., Defendant CAFN.: 2004-CV-81403 On July 15, 2002, Priscilla Quay underwent a breast reduction performed by Dr. Robert James Russell. After this surgery, Ms. Quay suffered from a severe infection which Dr. Russell failed to diagnose in a timely manner When Dr. Russell finally did recognize the infection, he failed to treat the infection aggressively causing great injury to Ms. Quay.This case was settled for a confidential amount., 2006
• IN THE STATE COURT OF FAYETTE COUNTY, STATE OF GEORGIA THOMAS SHERGOLD and GLORIA SHERGOLD, Plaintiffs vs. NORMAN HART, III and NORMAN HART, IV, DefendantsCAFN: 06SV-0847On Wednesday, June 28, 2006, at approximately 4:11 in the afternoon, Plaintiff Mr. Thomas Shergold was driving his motorcycle when he was struck by Defendant Norman Hart IV. Mr. Shergold was taken by helicopter to Atlanta Medical Center where he was found to suffer from multiple fractures and a below knee amputation was performed. The Defendant, although he admitted he failed to maintain his lane, alleged contributory negligence because of evidence that Mr. Shergold was speeding.The jury deliberated approximately 2.5 hours and awarded Mr. and Mrs. Shergold $2,158,165.33., 2008
• IN THE SUPERIOR COURT OF ATHENS-CLARKE COUNTY STATE OF GEORGIA SAMUEL SARTAIN, Individually and as Administrator of The Estate of VICTORIA W. SARTAIN, vs.LARRY W. ANDERSON, D.O. and ATHENS ASSOCIATES IN FAMILY PRACTICE, P.C. CAFN.: SU04CV0408On February 27, 2002, Mrs. Sartain came to Dr. Anderson's office complaining of, according to Dr. Anderson's notes, "shoulders, back, and chest pain. Dr. Anderson's notes indicated that while Mrs. Sartain had no temperature, she did have an elevated pulse, scattered rales, and a white blood count of 18,000. Mrs. Sartain fell over a stool approximately one week before the visit and these pains were attributed to the fall and her other symptoms were explained as acute bronchitis.Mrs. Sartain returned approximately one week later to Dr. Anderson's office with signs and symptoms of congestive heart failure, however, Dr. Anderson again failed to recognize that Mrs. Sartain was suffering from cardiac related problems. On March 16th, 2002, Victoria went to the hospital where they immediately diagnosed her with congestive heart failure. Although the hospital did all they could do to save Victoria, the correct diagnosis was not made until it was simply too late and on March 27, 2002, Victoria died as a result of severe congestive heart failure. This case was settled for $975,000 one week before trial., 2007
• UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION MILTON JONES, Individually and as Administrator Of the Estate of FLORA MERIWEATHER, Plaintiff vs TIMOTHY J. DZIERZANOWSKI, MAVERICK TRANSPORTATION COMPANY, INC., On November 4, 2005, Flora Meriwether was struck by tractor trailer driver Mr. Tim Dzierzanowski. Ms. Meriweather was 67 years old and taken to Grady Hospital where she succumbed to her injuries days after the wreck. She started several businesses and was a shrewd entrepreneur. Although, many would argue that to succeed, one must be heartless, Flora did not follow this path. She would bring people who were down on their luck into her home and treat them as if they were family. She would give them a warm place to sleep, feed and clothe them until they could get back on their feet. Ms. Meriweather had several medical issues prior the wreck such as pulmonary hypertension, diabetes, and renal insufficiency. Despite these medical problems and her advanced age, Werner & Associates, LLC was able to get a $1,700,000 settlement., 2007
• IN THE SUPERIOR COURT OF FLOYD COUNTY STATE OF GEORGIA AMANDA MCADAMS: Plaintiffs v. VINCENT SEWELL, VEND SERVICE, INC AND VENDCO DISTRIBUTING, INC. Civil Aciton No. 07-CV-01791-JFL004 Vend Service, Inc's tractor trailer was driving west on Highway 20 and as he came around a bend, a red car was in his lane heading towards him. The driver, Mr. Sewell, swerved to the right and off of the road to avoid crashing into this red car, but once leaving the road, his tractor trailer hit a ditch and numerous trees which forced his tractor trailer back onto the road, across the double yellow line and into Amanda who was traveling on Highway 20 in the opposite direction. Amanda was taken via helicopter to Grady Memorial Hospital where she underwent surgery on her pelvis. Although she had numerous injuries, her hip was by far the most significant injury sustained. Approximately six months later, her hip became dislocated and she underwent another pelvis surgery and ultimately required a total hip replacement. Plaintiff’s position was that Mrs. McAdams would require multiple additional hip surgeries over her lifetime due to her age and deterioration of her hip and that she would be permanently disabled. The Defendant's expert from Johns Hopkins believed that Mrs. McAdams would not require any additional hip surgery and that she would be able to resume her normal activities once she recovered. The case was settled prior trial for $5,400,000, 2009
• IN THE STATE COURT OF FULTON COUNTY, STATE OF GEORGIA DANNY DENSON AND ANITA DENSON, Plaintiffs v. CON-WAY TRANSPORTATION SERVICES, INC., Defendant CIVIL ACTION NO. 04S072315HMr. Danny Denson was at an intersection attempting to make a left turn. When he attempted to make his left turn at the intersection, a Conway Tractor Trailer that was going thru the intersection crashed into him causing him serious bodily injury and brain damage. Although Mr. Denson's physicians performed multiple surgeries, including a craniotomy, Mr. Denson suffered from permanent brain injury. All witnesses, including the investigating officer, claimed that Mr. Denson was at fault and simply pulled in front of the Conway Tractor Trailer. Defendants felt so confident they would win the trial, they only offered $150,000 to settle prior trial. Plaintiffs refused to settle and through experts and reconstruction, were able to prove that the Conway Truck ran a red light and caused the collision and was awarded over $11,000,000, 2008
• IN THE SUPERIOR COURT OF GREENE COUNTY STATE OF GEORGIA WILLIAM MATTHEW POWERS, Plaintiff, vs. PHILLIP DRISCOLL, DONNA DRISCOLL, DANIELLE AUGUST DRISCOLL, Defendants CIVIL ACTION FILE NO.: 07-CV-031On September 21, 2006, Danielle Driscoll was driving northbound on Pea Ridge Road when her two right tires went off the road onto the shoulder. She then attempted to re-enter the roadway, however, lost control of her vehicle, crossed the double yellow line and crashed into a vehicle occupied by Plaintiff, William Matthew Powers. As a direct and proximate cause of this wreck, Mr. Powers suffered from a femur fracture and subsequently compartment syndrome. Mr. Powers incurred approximately $200,000 of medical bills and was left with a twelve inch scar from the compartment syndrome. The defendants had offered $875,000 before trial claiming that a grater verdict in Greene County would be highly unlikely. The jury deliberated approximately two hours when the defendants offered the policy limits of $1,300,000., 2007
• IN THE STATE COURT OF FORSYTH COUNTY, STEPHANIE LOUISE HARVEY, vs. KARLA L. ROBERTS-BOOKER, M.D.AND CONSOLIDATED OB-GYN SPECIALTY GROUP, L.L.C., Ms. Harvey underwent a tubal ligation by Dr. Karla Booker and got pregnant several months after the procedure. Unfortunately, Ms. Harvey then suffered a miscarriage and required two surgeries. While becoming pregnant after a tubal ligation is possible without malpractice, a hysterosalpingogram was performed and proved that Ms. Harvey's ovary was patent shortly after the procedure. Therefore, approximately one year later, she underwent another tubal ligation. During this procedure, the surgeon noted that the Filshie Clip was placed incorrectly which explained her pregnancy.This case was settled for a confidential amount., 2007

Pro bono / Community Service

•  Michael Werner has taken numerous personal injury cases, including medical malpractice pro bono.

Honors

• Elected to the prestigious top 40 under 40.
• Mr. Werner was voted as one of the Top 100 Trial Attorneys by the National Trial Lawyer's Association., Top 100 Trial Attorneys, The National Trial Lawyer's Association

Educational Background

• Emory University School of Medicine, MMSc in Anesthesiology, 2002
• University of Georgia, B.S., 1992

Scholarly Lectures / Writings

• "How to Prove Damages in a Wrongful Death Case", Continued Legal Educational Seminar
• Speaker, "Maximizing Settlement Value in Personal Injury Cases", 2011
• Speaker, "Best Verdicts-Personal Injury Cases", 2011
• Deposing Medical Experts, Champion Speaker, GTLA, 2012
• "Maximizing Damages in Trial", Continued Legal Educational Seminar
• "Closing Arguments", Continued Legal Educational Seminar

“Mike's background gives him an enormous advantage over many others when its time to evaluate whether a case is going to be effective.”

“Mike gets tremendous results for his clients and is an outstanding personal injury attorney.”

“Mike Werner is an exceptional personal injury attorney, who is very committed to his clients. He has obtained exceptionally good results for severely injured plaintiffs.”

“Mike Werner is a great lawyer, who works hard for his clients. He and Nola are not afraid to try hard cases -- and they win. He is a great guy and an even better lawyer.”

“Mike Werner is an excellent personal injury attorney. He is bright, conscientious, and committed to his clients.”