Covington GA Personal Injury Lawyer, Ben F. Windham, Secures $11M Settlement in Deadly Wasp Case

PRESS RELEASE
Published October 1, 2024


Covington, GA – In a resounding victory for victims of premises negligence, Ben F. Windham P.C. has achieved an extraordinary $11 million settlement for the family of Phil Meeks, a tenant whose life was cut short following a severe and repeated wasp infestation at the Leaf Stone Apartment complex in Covington, Georgia. This settlement, a testament to the unyielding dedication and legal acumen of Windham Law, holds the apartment complex operators and their insurers accountable for a shocking disregard for tenant safety.

"This case was about more than negligence—it was about holding a company responsible for allowing a preventable tragedy to unfold," said Ben F. Windham, lead counsel for the plaintiffs. "We sent a global settlement demand to all three insurance companies with policies covering this loss, and we were resolute in securing justice for this family."


A Preventable Tragedy

In June 2021, Phil Meeks and his wife moved into the Leaf Stone Apartments, unaware that their new home harbored a dangerous threat. Shortly after their arrival, Meeks reported a red wasp infestation inside a common-area dog waste bag dispenser to Patrician LS Manager LLC, the property operator. Despite assurances that the issue would be swiftly addressed, no meaningful action was taken.

Less than a week later, Meeks was stung multiple times when using the same dispenser. Once again, the property management assured him that the situation would be resolved. But no remediation occurred, and in August 2021, Meeks was stung by wasps from the very same nest. This time, the attack sent him into anaphylactic shock—a reaction from which he would never fully recover.

"Despite multiple reports, despite assurances, the property operator failed to act. Their negligence left Phil Meeks vulnerable to a dangerous and ultimately fatal hazard on their premises," Windham said. "No tenant should ever have to fear for their life because basic safety standards were ignored."

Meeks spent four weeks in the hospital before his family was forced to provide makeshift hospice care in their own home. After 14 months of suffering, Meeks passed away on October 30, 2022.


Aggressive Legal Strategy Yields Unprecedented Results

Understanding the profound injustice at the heart of this case, Ben F. Windham employed a bold and strategic approach that led to the settlement’s success. Windham issued a global settlement demand to all three insurers covering the defendants—Patrician LS Manager LLC and related entities. The policies included a $1 million primary policy and two excess policies of $5 million each.

“We obtained the total amount of insurance available of $11 million for Mr. Meeks’ surviving spouse and adult child,” Windham confirmed, emphasizing the breadth of his firm’s legal strategy. "We knew we had to take an aggressive approach to ensure that justice was served in the fullest capacity."

To reinforce the case, Windham enlisted the help of expert witnesses, including an entomologist and a pest control specialist, to prove that the wasp nest that caused Meeks’ fatal stings was the same one reported months earlier. Moreover, the assistant maintenance supervisor admitted on record that no attempt to remove the nest had been made until after the fatal event, sealing the defendants’ fate in court.


Overcoming Legal Obstacles

Despite the complexity of Georgia law surrounding hazards posed by animals—often referred to as "ferae naturae"—and the defense’s contention that such incidents were unforeseeable, Windham’s legal team methodically dismantled these arguments. Windham’s ability to present clear evidence of the defendants’ superior knowledge of the danger, coupled with their failure to act, made the case undeniable.

"By retaining key experts, we were able to prove that this was not just a case of bad luck or an accident. This was gross negligence—a complete disregard for the safety of tenants," Windham explained.


A Victory for Accountability

While defense counsel sought summary judgment to dismiss the case, Windham’s rigorous legal strategy pushed the matter toward a trial, resulting in a four-week trial calendar set for September 2024. However, the pressure of the impending trial and the weight of the evidence led to a settlement in favor of the plaintiffs, with the two remaining insurers tendering their full excess policy limits in June 2024.

“This settlement brings a measure of closure to the family of Phil Meeks, but more importantly, it serves as a stark reminder to property owners and managers everywhere: safety cannot be optional," Windham asserted.

The $11 million settlement is one of the largest premises liability settlements in recent history, reinforcing Windham Law’s position as a leading advocate for victims of negligence. Windham personally commended the professionalism of Cozen O’Conner's Alycen Moss, who represented the first excess insurance carrier and played a pivotal role in bringing all parties to the table.


About Ben F. Windham P.C.

The $11 million settlement reaffirms the commitment of Ben F. Windham P.C. to seeking justice for those injured by the negligence of others. The attorneys at Ben F. Windham P.C. were born and raised in Covington, Georgia, and are deeply rooted in the community, serving personal injury clients throughout Newton County and across the entire state of Georgia. Specializing in holding negligent parties accountable, they take on insurance companies with tenacity and provide honest, dedicated representation.

What sets Ben F. Windham P.C. apart is their hands-on, client-focused approach, which contrasts sharply with the high-volume TV and billboard lawyers. At this firm, clients work directly with an experienced attorney at every phase of their case. Their collaborative, entrepreneurial team is committed to exceeding client expectations at each step on the path to justice. This approach has earned them a reputation for delivering results, as evidenced by their recent landmark $11 million settlement.

To learn more about Ben F. Windham P.C. Trial Attorneys, or for a free case evaluation, please visit https://windhamlaw.com or call 833-236-9467.



Ben F. Windham P.C.

Address: 2115 Usher St NW Covington, GA 30014

Contact Name: Ben Windham

Website: https://windhamlaw.com

Email: Ben@windhamlaw.com

Phone: 833.236.9467

LinkedIn: https://www.linkedin.com/in/bewindham/



Release ID: 1017303

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