Warner S.  Fox

Biography

Warner has practiced with the Firm for more than 30 years. He is a Fellow of the American College of Trial Lawyers and the past president of the Georgia Defense Lawyers Association. His practice focuses on catastrophic accident litigation primarily arising from matters involving transportation accidents, premises and product liability. Through the years, Warner has tried more than 100 cases to jury verdict involving many types of tort matters. He is often called upon by his clients to handle catastrophic matters in other jurisdictions. Many of those catastrophic matters have been cases involving traumatic brain injury, a topic on which he lectures frequently. Warner developed a subspecialty in defending these types of cases based upon his many years of experience in dealing with them.

Warner believes that the most important attribute a defense lawyer can bring to a client’s matter is the ability to quickly grasp the issues and threat to a client. By analyzing early in a case the client’s potential exposure, clients, through consultation with their lawyer, can determine whether or not the case is one that should be disposed of early or positioned for a possible trial. Warner firmly believes that the worst thing a defense lawyer can do for the client is advise that a case should be tried up until the time the case arrives at the courthouse steps and then retract the advice.

Professional Expertise

Warner has defended a wide variety of clients including multi-national retailers and trucking companies as well as product manufacturers. He also routinely represents insureds for several major insurers and serves as major case counsel for a carrier in Georgia and other jurisdictions.

Transportation Litigation

Warner has served as eastern regional counsel for a national pest control company, for their vehicle fleet bodily injury litigation. In that capacity, he oversaw all vehicle litigation east of the Mississippi and tried those cases depending upon their severity.

Traumatic Brain Injury Litigation

Warner has developed an expertise in the defense of closed head injuries as a result of handling numerous cases alleging these types of injuries. He serves as lead litigation counsel for a national retailer in traumatic brain injury and catastrophic injury cases in various areas of the country.

Product Liability Litigation

Warner also specializes in cases involving flammable fabrics, including garments, protective wear, and furniture. He serves as Co-Coordinating National Counsel for a national 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)