John McMahan

Mr. McMahan, a 1973 graduate of Vanderbilt University, received his law degree from the University of Tennessee College of Law in 1975. Since receiving his law license in 1976, Mr. McMahan has specialized in trial practice, and in 1994 he became a member of the National Board of Trial Advocacy, and certified as a civil trial specialist. In late 1994, Mr. McMahan became the first Tennessee certified civil trial specialist practicing in Chattanooga, Tennessee. He has co-authored "Trial Advocacy in Tennessee," and he is a frequent lecturer on trial advocacy. Mr. McMahan and his firm have successfully prosecuted cases resulting in settlements and judgments in excess of $3,000,000.00 over the last 18 months. In 1994 his firm obtained the largest judgment ever awarded in Marion County, Tennessee.  Mr. McMahan has a Martindale-Hubbell AV-rating, the highest possible rating an attorney can possess.

In 2001, Mr. McMahan and G. Brent Burks obtained a judgment onf $1.75 million for a man injured at the Chattanooga ChooChoo.  This is the largest premises liability verdict rendered in southeast Tennessee. 

Mr. McMahan has handled a large number of important cases and these cases are itemized below:

1992: Davis v. Erlanger Medical Center and Dr. Robert Clark, (Confidential Settlement). Brain injured minor due to emergency department physician’s failure to order an appropriate CT Scan.

1993: Castle v. Dr. Owenby, ($337,500.00 jury verdict in the Circuit Court of Marion County, Tennessee); Foreign body left in plaintiff’s bladder by surgeon for nine years.

1994: Samples v. Allstate Insurance Company, ($187,500.00 jury verdict in the Marion County Circuit Court.) Fire loss case with a bad faith award against Allstate.

1996: Stanford v. Greenleaf Center, Inc., ($400,000.00 settlement after 11 days of trial). Psychiatric institution prosecuted for failure to prevent patient’s suicide.

1996: Vanzant v. Dr. Jane Rhorer, (Confidential settlement). Plaintiff injured during diagnostic laporoscopy.

1997: Sims v. Dr. William Dyer, (Confidential settlement). Plaintiff suffered common bile duct injury during laparoscopic cholecystectomy.

1997: Reed v. Norfolk Southern ($400,000 settlement) FELA case involving a back injury to railroad employee.

1998: Craft v. Women’s East Pavilion (Confidential settlement). Obstetrical case with baby suffering severe brain damage.

1998: Russell v. Vencor Hospital, (Confidential settlement). Hospital negligence case involving failure to monitor a patient’s ventilator resulting in her death.

1998: Stanley v. Vencor Hospirtal, (Confidential settlement). Hospital negligence case involving failure to monitor a portable ventilator resulting in patient’s death.

1998: Collins v. South Pittsburg Hospital (Mediation resulting in Confidential Settlement) Nursing and hospital negligence case involving failure to monitor a patient on a psychiatric ward who suffered a reaction to psychiatric medications causing his death.

1999: Daniels v. Dr. Robert Mayfield (Confidential settlement after 2 days of trial), In the Cumberland County Circuit Court. Iliac artery injury during a diagnostic laparoscopy.

1999: Mace v. Dr. Robert Mayfield (Confidential settlement), In the Cumberland County Circuit Court). Iliac artery injury during a diagnostic laparoscopy.

1999: Fletcher v. Bickford, (Jury verdict, $225,000) In the Circuit Court of Hamilton County, Tennessee. Automobile/truck wreck with plaintiff suffering neck and elbow injuries and having $19,000 in specials.

2000: Fox v. Valley Psychiatric Hospital (Confidential settlement). Patient suffered a crushed shoulder while over medicated at a psychiatric institution. Case tried in the Hamilton County Circuit Court resulting in a hung jury (11 to 1 for plaintiff) and settled before retrial.

2000: Harrell v. Dr. Tantahachi (Confidential settlement) Plaintiff suffered an acute surgical abdomen and physician failed to diagnose the illness and plaintiff eventually died after emergency surgery.

2000: Miller v. Choo-Choo Partners, Inc. ($1.75 million jury verdict in the Hamilton County Circuit Court.) Premises liability case where plaintiff, while entering a bathtub at the Chattanooga Choo-Choo fell as a result of a safety bar failure.

2001: Sanders v. Jenkins Restaurant ($400,000.00 jury verdict in Bradley County Circuit Court). Premises liability case where plaintiff tripped and fell in restaurant resulting in the loss of sight in one eye.

2001: Trinder v. USA ($100,000.00 settlement of medical malpractice case against the Veterans Administration Outpatient Clinic.) Plaintiff suffered sever lung injuries and critical care polyneuropathy.

2001: Simon v. Dr. Herrick. (Confidential Settlement) Medical malpractice case where only issue was informed consent for vaginal hysterectomy. Plaintiff suffered a vesico-vaginal fistual from surgery.

200l: Reid v. White, M.D. (Confidential Settlement) Medical malpractice case where defendant failed to perform a PSA test resulting in a 13 month delay in diagnosis of prostate cancer.

2001: Taylor v. Life Care Center of Red Bank, (Confidential Settlement), nursing home abuse and neglect case, reportedly the largest nursing home settlement in Southeast Tennessee for the wrongful death of a 67 year old white male.

2001: Hancock v. Erlanger Medical Center, (Tenn. Supreme Court), Decision of the Tennessee Supreme Court extending loss of consortium damages to parents in the wrongful death action for loss of a child.

2002: Steve Johnson v. Memorial Hosp., (Confidential Settlement), Wrongful death case against radiologist and urologist for misdiagnosis of pheochromocytoma.

2002: Welchance v. Buckner, M.D., (Confidential Settlement), Laparoscopic Cholecystectomy case involving bile duct injury.

2002: Stephen Riley v. Rissling, M.D., Associates in Diagnostic Radiology, (Confidential Settlement), Wrongful death case due to misdiagnosis of breast cancer by mammography.

2003: Mizell v. Dr. Najjar, (Confidential Settlement), Pain management physician damages patient’s spinal chord during an epidural steroid injection resulting in loss of use of the right hand.

2003: Nguyen v. Dr. Crawley, (Confidential Settlement), Child is delivered weighing in excess of 10 pounds resulting in severe shoulder distosia. Child lost the use of his right arm due to nerve damage.

2003: Joanne Nunley v. Shelhigh & Foster v. Shelhigh, (Confidential Settlements) Product liability cases against manufacturer of a bovine patch used in uro-gynecological surgery. Both women developed chronic infections and faced numerous repair surgeries.

2003: Westmoreland v Dr. Creel, et al , (Confidential Settlement) Radiologists failure to diagnose hip fracture necessitating hip replacement surgery.