The Law Offices of Daryl Von Yokely have litigated and settled personal injury cases in excess of 100 million dollars. Specific Case Results Upon Request.
Spinal Cord Injury
Traumatic Brain Injury
Lead Paint Exposure
Large Truck Cases
School Bus Accidents
Slip and Fall
Statute of Limitations
Insurance Bad Faith
Our Case Results
Foreign Law Can Be Used In Airline Cases That Occur on Domestic Soil:
Represented the surviving heirs of two families when a plane crashed leaving New York, NY to the Dominican Republic. Both of our clients’ families lived in the Dominican Republic; however, because the crash occurred in the United States airspace, NY law governed.
The grandfather of one of the victims filed a lawsuit in New York under NY Probate Statute which allows any surviving family member to bring a wrongful death claim. Our clients were the surviving spouse of one decedent and the surviving minor child of another Decedent.
We litigated the question of rightful heirs in the Federal District Court of New York. The Court agreed with our arguments, applied a combination of New York and Dominican Law and our clients each received seven figure settlements for the loss of their loved ones.
Truck Drivers Don’t Always Warn Other Drivers on the Roadway:
Mother and son were killed when an 18 wheeler was left stalled in the middle lane of Interstate 20, in Atlanta, GA, with no lights on, no emergency reflectors or lighted fusees. The driver left his vehicle unattended in this manner and crossed the interstate to get help. Our clients did not see the stalled tractor trailer and struck it in the rear. Because the tractor trailer did not have the proper equipment, the impact forced our clients’ vehicle under the trailer, horribly killing all three passengers.
Suit was filed against the defendant trucking company and after two years of litigation, the case was settled out of Court.
Apartments With Public Swimming Pools Owe a Duty To Children:
Child drowned at an apartment complex swimming pool. The defendants argued that the apartment complex was an all adult community and that the child was a trespasser. Under Georgia Law a landowner owed no duty to a trespassing child.
The trial court dismissed the case against the apartment complex. We appealed to the Georgia Court of Appeals. The Court of Appeals reversed the trial court’s decision. The defendant then appealed to the Georgia Supreme Court and argued that if the Court agreed with our argument, that our firm would change 100 years of established Georgia Law. The Georgia Supreme Court agreed with our argument as to a landowner’s duty to trespassing children at apartment complexes, thus overruling 100 years of law by ruling in our client’s favor.
Truck Drivers Do Not Pay Attention:
Client and his wife were both members of the U.S. Military. They were with their two children, in separate vehicles, in route to being relocated to a new base. The husband was in the lead with his wife and two minor children following him on the interstate. Traffic began to slow because of road construction. There were signs and flashing lights warning of the construction ahead and instructing drivers to slow down. The driver of an 18-wheeler ignored or did not see the warning signs and flashing lights. He failed to slow down, overrode our clients’ vehicle, crushing the vehicle, causing it to burst into flames and killing the wife and two children, while the husband was forced to watch. The trucking company attempted to blame the state Department of Transportation for creating a dangerous condition. We filed suit in State Court, litigated and won a confidential settlement against the trucking company and their driver.
A couple ran out of gas on Interstate 75 South traveling to South Florida to attend a motorcycle event. They were pulling a trailer containing the motorcycle. The Client pulled the vehicle into the emergency lane leaving the end of the trailer exposed, just adjacent to the emergency lane. A tractor trailer rounded the curve, failing to keep a proper lookout, he struck our clients’ vehicle causing the driver to sustain multiple level herniations, necessitating a multi-level discectomy and fusion. Our office arranged for funding of the surgery because the client owned a contracting business that was failing as a result of his inability to work and earn money. The trucking company always maintained that our client was equally negligent for not totally removing his vehicle from the roadway. We established through an expert that the truck driver had up to fifteen seconds to see the vehicle prior to impact. This was revealed by the video surveillance camera inside the driver’s cab. The case was set for trial when Defendants asked for mediation. Case settled at mediation for a high confidential sum.
Trucking Companies Don’t Play Fair:
A vehicle was stalled on 285-N in the emergency lane, in the early hours of the morning on his way to work near the Atlanta Hartsfield Airport. He had exited his vehicle and was struck by the tractor trailer and killed. The truck driver never applied his brakes and struck his vehicle and traveled the length of a football field before coming to a final rest. It was never established if he had walked onto the freeway; if he was behind his truck looking for tools or was under the hood of his car trying to determine why it was stalled. After being struck by the tractor trailer, he was struck by multiple vehicles and almost completely dismembered.
The truck driver stated that he did not see the Decedent, even though the emergency flashers of his Toyota Truck were engaged. Our investigation revealed that the truck driver had been driving and logged in far beyond company protocol and CPR regulations for Interstate travel. It also revealed a witness who advised that the trucker had been driving erratic for several miles. The trucking company had a crash team on the site of the accident within moments following the collision, before the police arrived and days before we were retained. The trucking company was able to speak with the investigators on the scene and were able to have decedent’s eyes removed from the pavement and given to the coroner to facilitate a vitreous sample (a drug test utilizing the clear fluid between the lens and retina of the eye). While there was a question of chain of command, it was determined that the decedent was under the influence. An expert pathologist was able to determine that the levels of influence were nominal and should not have affected the Decedent’s judgment.
We filed suit in the Northern District of Georgia, avoided summary judgment twice and four years later, the case was settled at mediation.
Medical Malpractice - Hospitals and Hospital Staff Will Alter The Facts:
A thirty-five year old male presents himself to the Emergency Room in Atlanta, Georgia with complaints of chest pains, shortness of breath, lightheaded and cold sweats. He sat in the waiting room for hours before being taken to an examination room. The nurses failed to advise the attending physician that his blood pressure was severely low. He subsequently died of a cardiac event which was triggered by the fact that he was merely dehydrated.
Our Firm filed suit alleging negligence by the nurses, treating physicians and staff of the hospital. A whistleblower was able to provide testimony that the administration had met with the nurses and doctors specifically to alter the medical records and had lied that any such meeting occurred. The case settled for a confidential sum.
Medical Malpractice – STAT Lab Results Don’t Always Work:
A twenty-four year old college graduate presented himself to the emergency room days after college graduation at approximately 12:00 a.m. An order for a STAT arteriogram was placed but because the hospital did not have a night radiologist, it was not read until the following day. The client suffered a subsequent stroke and was partially paralyzed. Because of the stroke, he had to be intubated. While doing so, his esophagus was severely ruptured/torn resulting in his inability to speak properly. A young man walked into the emergency room and ended up leaving without being able to ambulate or speak on his own.
Suit was filed and the jury rendered a unanimous $2.15 Million Dollar Judgment.
Piercing Sovereign Immunity Against the Police Department:
An 8 year old minor is riding her big wheel, crossing the street and almost in her driveway, when an off duty police officer, traveling at a high rate of speed, struck and killed her. The City had a very low cap on negligence claims against the police department. The City offered the surviving parents the $2,000.00 statutory maximum. We filed a lawsuit against the officer and the City of Atlanta. The City pleaded governmental immunity and after two years of litigation, filed to have the case dismissed. At the time there was absolutely no case law in the State that would allow our client to avoid governmental immunity. We developed an argument called “continuing nuisance.” The evidence revealed that the police used that particular street as a route to the precinct when going in and getting off duty. Neighbors in the area executed sworn affidavits that this “speeding” on this particular street had been going on for years and that they had complained to the City Council, the Mayor and the Police Chief. The Trial Judge agreed with our argument and overruled the City’s Motion To Dismiss. The Trial Judge openly stated that our argument was unique; but she could not find case law against our position. This was the first such decision against the City or the State of Georgia. The City Council ultimately settled the case for a confidential but significant sum.
Clients’ father was crossing a busy intersection in the City Of Atlanta when a City of Atlanta Police Officer, traveling at a high rate of speed, failed to observe a traffic signal and struck the vehicle, killing our clients’ father and injuring others in the vehicle. The Police Department said the officer was on an emergency call and pleaded governmental (sovereign) immunity. Our investigation revealed that the Officer was not acting in his official capacity in that he was not responding to an emergency call and did not have on his flashers and/or siren. Our private investigator located two eyewitnesses who said the officer could not stop and avoid our clients’ father because of his high rate of speed. Based on our investigation, the City settled with our client for the wrongful death of their father.
Medical Malpractice – Emergency Rooms Don’t Always Follow Hospital Protocols:
A four year old minor was taken to an immediate care center with complaints of a fever for two days and a history of Long Q.T. Syndrome, Type II with a disconnected Pacemaker and febrile seizures (seizures brought on when fever spikes). He was born with the condition and a pacemaker was installed so that if he got a fever that resulted in a cardiac event, the pacemaker would respond and return the heart rate to its regular rhythm. It was determined that his pacemaker was not working six months before this event. Because he had been doing so well for the past four years, the decision was made to not go in to replace it.
While in the urgent care, the minor’s fever spiked and he experienced one seizure in the office and then another in front of the physician. As a result he was given Motrin to reduce the fever and the physician called 911 and had him transported immediately to the emergency room.
Although the physician called ahead to speak with the attending physician on staff and even though the child arrived by ambulance, the nurses failed to properly triage the minor by hospital protocols. They gave him a lower acuity than hospital standards required. The nursing staff then failed to complete the requisite examination because they stated that the Doctor had already examined him.
The minor was diagnosed with febrile seizures twice, strep and given an antibiotic for strep throat although, no strep test was given and the Defendants could not produce any proof that the minor actually had the strep infection. While the emergency Physician testified that she knew of his medical history, she also testified that she was unaware that he had a pacemaker. That revealed that she had not done a physical examination of the patient. The minor remained in the emergency room for five hours and was discharged at 12:20 a.m.
On the way home, the minor’s condition began to deteriorate and his parents called the emergency room and spoke to one of the nurses that had treated him. Against hospital policy, the nurse gave medical advice to give him something to drink. The parents called another two times and were never advised to return to the emergency room (per protocol) or to call 911. The minor had a full cardiac arrest and because his pacemaker was not working, he subsequently died in the yard of the family residence.
An expert pathologist was retained to review the autopsy slides and medical records. He determined that the child had an undiagnosed kidney infection and had the hospital performed the proper examination per protocol and health care standards, the child would have survived.
Case was litigated for seven years and Defense settled the claim 30 days before trial.
OUR COMMITMENT TO OUR CLIENTS: We have been in business for over 36 years and have serviced and represented thousands of individuals throughout the state of Georgia and the southeast. We have earned millions of dollars for our clients and will make sure you as a client will get the personal attention you deserve and all the compensation allowed by law.