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Warner S.  Fox

Biography

Warner Fox is a trial lawyer with more than 35 years of experience defending high-stakes catastrophic litigation. He is highly-regarded for his skillful handling of complex medical and technical issues, particularly in cases involving traumatic brain injuries. Warner thrives in the courtroom and has taken more than 100 trials to jury verdict on behalf of many prominent companies. 

While known for his trial and investigative skills, Warner believes the most important attribute he brings to the table is the ability to quickly grasp the issues and threats to his clients. By providing early analysis of the potential exposure in a case, his clients are able to make more informed strategic decisions to manage risk. Whether a client wants to resolve a case early or is ready to go all the way to verdict, Warner tailors a comprehensive litigation strategy for achieving that objective.

Warner is a Fellow of the American College of Trial Lawyers, which recognizes no more than 1% of the preeminent trial lawyers in the state in which they practice. He is also a past president of the Georgia Defense Lawyers Association. Outside of his practice, Warner is also the co-founder of the Georgia High School Mock Trial Competition.

Professional Expertise

Warner has represented clients from a wide variety of industries, including multinational retailers, trucking and logistics companies, and manufacturers of many products for consumer and commercial end-users. He also defends insureds on behalf of large insurers in serious and high-risk cases.

Transportation Litigation

Warner has defended all types of transportation matters to include trucking, automobile, and ambulance services. He has spent many years handling catastrophic accident cases including managing on an emergency basis the on-scene investigation. 

Traumatic Brain Injury Litigation

Among the top echelon of lawyers in the defense of closed head injuries, Warner has handled a significant number of cases involving these injuries in Georgia and elsewhere. He has been called on by national retailers, trucking companies, and large insurers to serve as lead counsel in catastrophic traumatic brain injury and the supposedly serious mild traumatic brain injury.

Product Liability Litigation

Warner also specializes in cases involving flammable fabrics, including garments, protective wear, and furniture. He serves as co-national coordinating counsel for an insurance company’s Flammable Fabric Program.

Services

Education

  • University of Georgia School of Law  (J.D., cum laude, 1984)
  • Valdosta State University  (B.A., cum laude, 1977)

Bar Admissions

  • Georgia

Courts

  • Supreme Court of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia

Professional Affiliations

  • Fellow, American College of Trial Lawyers
  • State Bar of Georgia
    • Board of Directors - Younger Lawyers Section (1987-1990)
    • Co-Founder Young Lawyers Section High School Mock Trial Competition
  • Atlanta Bar Association
  • Georgia Defense Lawyers Association
    • President (2006-2007)
    • Executive Vice President (2005-2006)
    • Secretary/Treasurer (2004-2005)
    • Vice President (2003)
    • Board of Directors (1999-2002)
  • DRI
  • American Law Firm Association
  • Claims and Litigation Management Alliance
  • Lawyers Club of Atlanta

Honors

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®
  • Super Lawyer, Super Lawyers Magazine (2005-2020)
  • The Best Lawyers in America©, Personal Injury Litigation; Product Liability Litigation (2011-2020)

Trials

  • James Edward Lanier, as Surviving Father of James Edward Lanier, Jr., and as Administrator of the Estate of James Edward Lanier, Jr., deceased v. Gerdau Ameristeel U.S., Inc., a Foreign Corporation, State Court of Gwinnett County
  • Tom Cooper and Gail Cooper v. Marten Transport, Ltd. and Dwayne Stroman, U.S. District Court for the Northern District of Georgia
  • Nathaniel Polite v. Double View Ventures, LLC & Westdale Asset Management, Ltd., Court of Appeals of Georgia, Superior Court of DeKalb County
  • Susan J. Tomsic v. Marriott International, Inc. and Broderick W. Sumner, Gwinnett Superior Court
  • Mulligan v. Marshalls, U.S. District Court for the Northern District of Georgia
  • Borrero v. Home Depot, State Court of DeKalb County
  • Harris v. HD
  • Edna Ramcke, Individually and in her Representative Capacity As the Administratrix of the Estate of Robert A. Podorsky (deceased) v. Georgia Power Company, The Southern Company, The Southern Company Generation, Superior Court of Bartow County
  • The Gates Condominium Homeowners' Association v. Arrow Exterminators, Inc., State Court of Fulton County
  • Larry Reece v. Home Depot U.S.A., Inc., et al., State Court of DeKalb County
  • Reece v. Home Depot, State Court of Cobb County
  • Trevino v. First Support Services, Inc., Superior Court of Gwinnett County
  • Eymorfia Karanikitas v. The TJX Companies, Inc. d/b/a TJ Maxx, State Court of Coweta County
  • Joseph Williams and Marilyn Cornell, as Parents of the deceased, Sylvia Atchison v. Greyhound Lines, Inc. and Carl Alston, Superior Court of Liberty County
  • Charity Ann McDaniel v. Michael Joshua Hulsey, State Court of Clayton County 
  • Debra J. Williams, et al. v. Carey Royals and Waste Services USA, Inc., State Court of Coffee County
  • Tony Bridges v. Revco Discount Drug Stores, Inc. et al., State Court of Fulton County
  • Kenyatta A. McFadden v. Greyhound Lines, Inc., U.S. District Court for the Northern District of Georgia
  • Jerry Ray Willis vs. Marten Transport, et al., U.S. District Court for the Northern District of Georgia
  • Barbara H. Langley v. Kids "R" Us, Inc., Superior Court of Gwinnett County
  • Angela Delaine Dover v. Revco Discount Drug Centers, Inc. and Kristy Tumlin, State Court of Fulton County
  • Brown v. E.I. Du Pont de Nemours & Co., Court of Appeals of Georgia
  • Fallon v. Metropolitan Life Ins. Co., Court of Appeals of Georgia
  • Akintobi v. Phoenix Fire Restoration Co., Court of Appeals of Georgia
  • High v. Parker, Court of Appeals of Georgia
  • Smith v. Toys "R" Us, Court of Appeals of Georgia
  • Baskin v. Rogers, Court of Appeals of Georgia
  • Stokes v. Taco Bell Corp., Court of Appeals of Georgia
  • Morgan v. Guaranty Nat'l Cos., Superior Court of Fulton County
  • Hitchcock v. McPhail, Court of Appeals of Georgia
  • Myrick v. Stephanos, Court of Appeals of Georgia
  • United Refrigerated Services v. Emmer, Court of Appeals of Georgia
  • Buford v. Toys "R" Us, Court of Appeals of Georgia
  • Fulton v. Toys "R" Us, Court of Appeals of Georgia
  • Valdez v. Power Indus. Consultants, Court of Appeals of Georgia
  • Canadyne-Georgia Corp. v. Continental Ins. Co., Court of Appeals of Georgia
  • Colonial Ins. Co. v. BASS, Court of Appeals of Georgia
  • Bridgestone Firestone, Inc. v. Green, Court of Appeals of Georgia
  • Booth v. Johnson, Court of Appeals of Georgia
  • Butler v. Glen Oak's Turf, Inc., Court of Appeals of Georgia
  • Smith v. State Farm Mutual Auto Ins., Co., Court of Appeals of Georgia
  • Canadian Indem. Co. v Peachtree Doors, Inc., Court of Appeals of Georgia
  • Chitwood v. Southern General Ins. Co., Court of Appeals of Georgia
  • Gielow v. Strickland, Court of Appeals of Georgia
  • Standard Guaranty Ins. Co. v. Grange Mutual Casualty Co., Court of Appeals of Georgia
  • Wilson v. Southern General Ins. Co., Court of Appeals of Georgia

Charitable & Civic Involvement

  • Co-founder, Georgia High School Mock Trial Competition

Presentations

  • “Have You Noticed the Increase in Mild Traumatic Brain Injury?” ALFA International, Transportation Seminar (April 2019)
  • "Mild Traumatic Brain Injuries," State Bar of Georgia (January 2018)
  • "New Trends in Broker Liability," ALFA International, Transportation Seminar (May 2016)
  • "Defense of a Personal Injury Case," Institute of Continuing Legal Education in Georgia (January 2016)
  • "Distracted Driving: Policies and Prevention," American Trucking Association/General Counsel Forum (July 2015)
  • “In Between a Rock and a Real Hard Place: How Do Carriers and Their Insurers Handle the Inevitable Stress of a Case That’s Value Approaches the SIR?” ALFA International, Transportation Seminar (April 2014)
  • "Mock Trial Closing Argument," GTLA Annual Seminar, Atlanta, Georgia (May 2012)
  • “Traumatic Brain Injuries - Truth vs. Fiction,” CLM Event, Atlanta, Georgia (May 2012)
  • "Damages Update: Trends and Challenges Facing Retailers," DRI's Strictly Retail Seminar, Chicago, Illinois (March 2010)
  • "Litigating Traumatic Brain Injury Claims," PLRB/LIRB 2009 Claims Conference, Seattle, Washington (March 2009)
  • "Dude Where's My Truck: Non-Consensual Towing Issues," ATA Litigation Centers' 2008 Forum for Motor Carrier General Counsels, Moderator, Nevada (August 2008)
  • "Litigating Traumatic Brain Injury Claims," PLRB/LIRB 2008 Claims Conference, Boston, Massachusetts (April, 2008)
  • "Litigating Traumatic Brain Injury Claims," PLRB/LIRB 2007 Claims Conference, Orlando, Florida (March 2007)
  • "Defense and Evaluation of Brain Injury Cases," Georgia State Bar, Institute of Continuing Legal Education (ICLE), Duluth, Georgia (March 2007)
  • "Preeminent Lawyer - Superstars of Trial: The Direct Examination of Defense Liability Expert Witnesses," DRI, Chicago, Illinois (September 2006)
  • "Defending Pediatric Brain Injuries: A Defense Lawyer's Perspective" (May 2006)
  • "Defending Pediatric Brain Injuries: A Defense Lawyer's Perspective" (April 2004)
  • "Catastrophic Trucking Losses From a Defense Lawyer's Perspective" (January 2002)
  • "Furniture, Flames, and Products Liability -- How to Handle the Perils of a Flaming Encounter With Your Worse Nightmare: A Plaintiff's Lawyer Who Wants Your Company's Money. An Overview of Strategies to Control Your Company's Product Liability Risks With Respect to Flammability Issues" (February 2001)
  • "Wrongful Death Claims in Georgia From a Defense Lawyer's Perspective" (April 1999)
  • "Damages: From a Defense Lawyer's Perspective," Georgia State Bar, Institute of Continuing Legal Education (ICLE) (February 1999)
  • "The Ins and Outs of Medical Evidence at Trial" (June 1997)
  • "Trucking Litigation: A Primer" (February 1996)
  • "Closed Head Injury Seminar" (May 1996)