Product Liability/ Negligence / Construction Defect / Corporate Liability/ Wrongful Death

10/11/2005 - $12,000,000.00

Fowler v. Phoenix Structures and Services, Inc., Sun Capital Partners, Inc., and Trinity Outdoor, LLC, State Court of Gwinnett County, Georgia. Brothers Joshua (23-years-old) and Anthony Fowler (21-years-old) were killed when a billboard on which they were working suddenly collapsed, throwing them 40 feet to the ground. The steel beams of the billboard fell on top of them. Evidence clearly established that the billboard collapsed because of faulty welds and substandard steel used in its manufacture.

After Sun Capital Partners, Inc. (“Sun Capital”) bought Phoenix (the billboard manufacturer), its management of the business caused the prior owners to all leave. At the time of the billboard’s manufacture, Phoenix had no quality control at the plant. Sun Capital caused Phoenix to lay off experienced welders and required workers at the plant to work extensive overtime. There was no inspection of the billboard after it was built and before it was shipped to Snellville, Georgia. The case was settled during mediation, less than two weeks prior to trial.