$6.4M Settlement Ends Malpractice Suit Over Hotel Injury Case

In July 2015, subcontractor Max Laguerre was working on a construction project at the Crowne Plaza Atlanta-Midtown Hotel when a metal pipe fell from the pool deck and struck him in the head, face, and arm. Laguerre filed a lawsuit in Georgia state court in 2017, naming his employer, Cajun Contractors Inc., and the hotel as defendants. He alleged both parties were negligent in maintaining a safe worksite.

At the time, Cajun Contractors was represented by attorneys Todd LaDouceur and Tony Jones of Galloway Johnson Tompkins Burr & Smith APLC. Following a trial, a jury returned a verdict in Laguerre’s favor, awarding $5 million in compensatory damages and over $500,000 in punitive damages. The jury assigned 100% of the responsibility to Cajun Contractors.

The Insurance Company’s Payout and Legal Maneuvers

After the verdict, Cajun Contractors replaced their legal team and filed an appeal. That appeal ultimately failed, and the matter was taken to the Georgia Supreme Court on a writ of certiorari. While awaiting a decision, Bankers Insurance Company—the insurer for Cajun—opted to settle the case in 2021 for more than $6.4 million.

This substantial payout prompted Bankers to turn their attention toward Cajun’s former legal counsel. In 2023, the insurer filed a lawsuit in the U.S. District Court for the Northern District of Georgia, accusing Galloway Johnson Tompkins Burr & Smith of malpractice and breach of fiduciary duty. The insurer argued that the law firm’s representation had fallen below the standard of care, leading to the unfavorable trial outcome and costly settlement.

However, the malpractice claim was dismissed in February 2025 after the court determined that no direct attorney-client relationship existed between the insurance company and the law firm. This left only the breach of fiduciary duty claim, which remained pending.

The Settlement Agreement

On May 30, 2025, following mediation, the parties reached a settlement agreement, as indicated in a joint notice filed with the court. They have requested an additional 30-day stay to finalize the settlement’s terms. Although the details of the resolution have not been publicly disclosed, the filing confirmed that the case would be resolved without further litigation.

Attorneys for both parties declined to comment, and the specific conditions of the agreement remain confidential. A spokesperson for the firm did not immediately return inquiries, and Bankers Insurance has also refrained from issuing a public statement.

The Legal Teams Involved

Bankers Insurance Company was represented by E. Colin Thompson, Ethan J. Loeb, and Christina Dodds of Bartlett Loeb Hinds Thompson & Angelos PLLC, along with Michael E. Perez of The Perez Law Firm, LLC.

Galloway Johnson Tompkins Burr & Smith APLC was represented by Chad Allan Shultz of Gordon Rees Scully Mansukhani LLP.

What’s Next?

With the case settled, the final court filings are expected within the coming weeks. While the broader implications for insurer-attorney relationships remain unresolved, the resolution puts an end to a multi-year saga that began with a construction site injury and ended in a federal malpractice claim.

As the court wraps up its final administrative tasks, the dispute underscores the high stakes involved in litigation management and the growing scrutiny insurers place on legal counsel when multimillion-dollar verdicts are on the line.