PRACTICE AREAS
PERSONAL INJURY AND WRONGFUL DEATH
WRONGFUL DEATH
Flat v. CMB Foods: $2,000,000 verdict. The deceased was a construction worker who was working along the edge of U.S. Highway I-85, Montgomery County, Alabama. The plaintiff was struck by an on-coming vechicle. Defendants contended, and had an eye-witness, who testified plaintiff was standing in the middle of the highway at the time he was struck. The accident occurred approximately at 9:00 a.m. and visibility was clear. Plaintiffs demonstrated that the eye-witness was some distance from them impact and was, in fact, in a curve which would give an inaccurate view to the witness. From a distance, considering the curve, it may appear to a witness the plaintiff was in the roadway.
Plaintiff's testimony demonstrated, to the satisfaction of the jury, that plaintiff was actually standing on the shoulder of the highway next to a vehicle. Forensic evidence demonstrated that the right rear view mirror of the offendin truck, in fact, struck and left an imprint on the left side of plaintiff's face. The rear view mirror also struck the left rear view mirror of the truck parked on the shoulder of the road. The indentured marks on both rear view mirros was sufficient to satisfy the jury that the plaintiff was standing on the should of the road at the time he was struck by the defendant's vehicle.
The case was tried to a verdict and the jury awarded $2,000,000 to the plaintiff. CMB Foods, defendant, only had $1,000,000 insurance coverage. Efforts had been made to settle within the policy limits of CMB Foods insurance policy. The offer was declined and a claim was paid by plaintiff against the insurance company for the $1,000,000 excess verdict. The case was settled with the insurance company for CMB Foods paying the full $2,000,000 verdict.
PREMISES LIABILITY
Williams v. Wigfall, Tenneco: $387,000 verdict. Plaintiff was injured while making a repair to his radiator hose on the premises of a Tenneco filling station. Plaintiff suffered a partial loss of his leg, when the leg was crushed between two motor vehicles. Plaintiff contended the premises of Tenneco was unsafe because the marking for parked cars was inadequate. Plaintiff contended that Tenneco should have known vehicles would park near a concession stand for the purpose of obtainin food items and this would create a dangerous situation to other vehicles on the premises. The jury returned a verdict in the amount of $387,000.
INJURY
McBee v. Brunos: $600,000.00 jury verdict. ($200,000.00 compensatory damages and $400,000.00 punitive damages.) Plaintiff slipped in Bruno’s supermarket. The floor was being waxed and cleaned and Plaintiff contended no markers were in place to alert customers of danger. Plaintiff suffered a broken wrist. Plaintiff presented evidence of a similar fall within 30 days and contended Bruno’s was guilty of wanton conduct. Jury verdict was returned in the amount of $200,000.00 compensatory damages and $400,000.00 punitive damages.
Rucker v. Service Master: In this case, water was on the floor of a hospital without adequate warnings. The plaintiff slipped on the water, fell and was seriously injured. A verdict was returned in favor of the plaintiff in the amount of $500,000.00. The case was tried in the United States District Court for the Middle District of Alabama, Montgomery County, Alabama. The verdict was upheld on appeal to the Eleventh Circuit Court of Appeals
WORKERS COMPENSATION
Davis v. National Car Rental: This was a claim for workers compensation. The court awarded permanent and total disability. The employee had a part-time job which the court determined was uncertain and did not represent the ability of the Plaintiff to earn compensation in the future. The court accepted Plaintiff’s position that the part-time job was of a protective nature and given to Plaintiff because of the friendship with employer and was not certain enough to establish a true earning capacity for the Plaintiff. The case was affirmed by the Alabama Court of Civil Appeals, 628 So. 2d 722.
Sampley v. Integrity Insurance Company: This case involved a claim by Sampley Integrity Insurance Company owed him a defense in an automobile accident. Integrity paid their limits into court and declined to further defend. Supreme Court of Alabama entered an opinion determining that an insurance company has two obligations, i.e., one to defend the action and the other to pay judgment, if coverage provided for payment. Alabama Supreme Court, 476 So. 2d 79