Ben Brewton | Balch & Bingham | Headshot Large

Benjamin H. Brewton

Partner
  • (706) 842-3711
Download Resume bbrewton@balch.com
Education
  • University of Georgia School of Law
    J.D., 1988, Order of Barristers
  • Emory University
    B.A., English, 1985
  • Oxford College of Emory University
    A.A., 1983
Bar Admissions
  • Georgia, 1988
About Ben
Ben is very confident and knowledgeable in what he does as one can tell from the outcome of his work.

- Client

Q&A
  • How are you involved in your community?

    I grew up in a relatively small town where my father was not only the only urologist for 40 miles in any direction, but was also the chairman of the school board, a city councilman, and later the mayor.  He and my mother instilled the lesson that you have an obligation to help the place you live because if everyone took the “hands off” approach, your community wouldn’t be much of a place to live.

    My wife and I have tried to live up to that example over the years. I have served as a trustee and board chair at a K-8 school, the committee chairman for a Boy Scout troop and as a trustee at our church.  I currently serve on the board of Harrisburg Family Health Clinic which is a medical clinic providing much needed free medical care to the residents of the Harrisburg neighborhood, a historically under-served section of downtown Augusta. I am also, to the occasional amusement of my children, quite passionate about trees and serve on the board of Trees for Augusta which works to keep Augusta’s urban forest thriving.

  • What do you see on the horizon in your area of practice?

    My practice is focused on the litigating and trial of civil cases in Georgia. It is no secret jury awards in damage cases have grown exponentially in Georgia over the past decade. This creates two imperatives for businesses and individuals who find themselves as defendants in a civil case in Georgia. First, because exposure and risk is heightened, clients need an experienced lawyer who can prevail at trial when a trial is the right path and, alternatively, who can guide them out of harm’s way when a trial is not the best option. Secondly, clients need lawyers who can, on the front end, review their day to day operations and offer insights as to best practices that avoid claims and lawsuits proactively. This proactive involvement also helps pinpoint business practices that, if presented in court, may aggravate or inflame a jury. In short, the future holds the definite threat of increased exposure and risk for defendants in civil cases in Georgia.  

  • What do you find most exciting about your work?

Select Matters

  • Defended multi-physician surgical practice in wrongful death trial. Trial centered around claim that physician’s administration of narcotics in aftermath of surgery caused death of 48 year old patient.  Jury returned defense verdict exonerating the individual physician and medical practice.
  • Defended public utility in two separate trials, including wrongful death, arising from crash of high performance, privately owned aircraft into power pole owned by utility resulting in total destruction of aircraft and death of three persons. Utility had placed pole on extended center line of runway less than 48 hours before it was struck by plane. Both trials resulted in the juries returning defense verdicts for the public utility.
  • Defended driver towing rented trailer in catastrophic personal injury trial brought against both driver and the manufacturer of trailer whose product was alleged to be defective.  Jury awarded million dollar verdict in favor of plaintiff against trailer manufacturer but found in favor of the driver towing trailer.
  • Defended public utility in multiple wrongful death, personal injury, and indemnity claims arising from crash of jet aircraft into concrete transmission pole owned by public utility resulting in death of five passengers and total destruction of aircraft.
  • Filed and pursued insurance coverage declaratory action in federal court on behalf of medical professional liability insurance company. Case involved a radical limb lengthening procedure performed by podiatrist which spawned a host of related litigation. Federal court granted summary judgment finding no insurance coverage existed for procedure at issue.
  • Represented attorney in complex legal malpractice action which arose from underlying lawsuit filed for tortuous interference with business relations. The lawsuit was related to the construction of an orthopedic ambulatory surgical center. The lawyer’s professional malpractice carrier initially denied coverage but summary judgment was obtained for the lawyer involved which was affirmed in part and reversed in part by the Court of Appeals. Following this, the professional liability carrier was persuaded to fund the resolution of the claim to the satisfaction of the client.
  • Represented public utility in wrongful death action arising from contractor’s work inside pad-mounted transformer. Defense of the case centered on the contractor’s negligent conduct and assumption of the risk. The trial court awarded summary judgment in favor of the public utility.

News

    Credentials

    Education
    • University of Georgia School of Law, J.D., 1988, Order of Barristers
    • Emory University, B.A., English, 1985
    • Oxford College of Emory University, A.A., 1983
    Courts
    • U.S. Court of Appeals, Eleventh Circuit
    • Supreme Court of Georgia
    • Georgia Court of Appeals
    • U.S. District Court, Middle District of Georgia
    • U.S. District Court, Southern District of Georgia
    • Georgia Superior Court
    Bar Admissions
    • Georgia, 1988
    Professional Affiliations
    • Defense Research Institute 
    • Georgia State Bar 
    • Augusta Bar Association; President, 2003; President Elect, 2002; Vice-President, 2001; Secretary, 1999-2000; At-Large Executive Committee Member, 1998
    Awards & Accolades
    • Fellow and Georgia State Chair, American College of Trial Lawyers 
    • The Best Lawyers in America®, Medical Malpractice Law - Defendants, 2010 - present 
    • The Best Lawyers in America®, 2024 Lawyer of the Year, Augusta, Medical Malpractice Law – Defendants
    • AV-rated by Martindale-Hubbell
    • United States District Court, Southern District of Georgia Court Advisory Committee, 2004-present; Chair, 2016-2017
    • Georgia Super Lawyers, 2007-2017
    • Georgia Code Revision Commission 2004-2005
    • United States Court of Appeals, 11th Judicial Circuit:  Judicial Conference Planning Committee 2012 – 2013
    • Georgia Trend’s Legal Elite, Top Lawyer, 2013
    Community Involvement
    • Trinity-on-the-Hill United Methodist Church, Former Board of Trustees and Vice Chairman
    • Episcopal Day School, Former Trustee, Vice Chairman and Chair
    • Augusta Club, Former Secretary-Treasurer