Verdicts & Settlements
The following is a small sampling of verdicts and settlements Riley Jackson attorneys have obtained for its clients. If you would like to know more about results we have achieved in a particular area, please contact one of our attorneys.
In re: HealthSouth Corporation Securities Litigation
U.S. District Court, Northern District of Alabama
$700,000,000.00 in combined cash and stock.
This securities litigation lawsuit filed on behalf of HealthSouth’s stockholders claims that HealthSouth Corporation, Ernst & Young LLP, and UBS AG and UBS Securities, LLC engaged in a multi-year fraudulent scheme, which caused the artificial inflation of the price of HealthSouth securities during the stockholder class period in violation of the federal securities laws. Riley & Jackson, P.C. serves as liaison counsel for the co-lead Plaintiffs, New Mexico State Investment Council and the Educational Retirement Board of New Mexico. For information on securities cases click here.
Anonymous v. Anonymous
Circuit Court of Jefferson County
$15,000,000 Settlement
Our client was catastrophically injured when an 18-wheeler failed to yield the right of way and turned into her lane. She underwent extensive medical treatment and was eventually diagnosed as a partial quadriplegic. We hired a team of experts that included an economist, a life care planner, a vocational expert, and others to document our client’s pecuniary losses over the course of her lifetime. After obtaining and analyzing ECM data from the 18-wheeler and locating and interviewing eyewitnesses within days of the date of the collision, we were able to obtain key admissions from the commercial motor vehicle operator. The case settled several weeks prior to trial. For information on 18-wheeler cases click here.
Joseph Crocker v. Edward Hillard, M.D.
Circuit Court of Tuscaloosa County
Confidential Settlement
Our client experienced an arterial compromise and compartment syndrome following the surgical repair of a tibial plateau fracture. Because of a delay in diagnosing the issues and intervening to restore blood flow, our client suffered an avoidable above-the-knee amputation. The case settled after all expert witnesses had been deposed. For information on Medical Malpractice cases click here.
Baldwin County v. BP Production & Exploration, Inc.
United States District Court, Eastern District of Louisiana
$11,565,000 Settlement
Riley & Jackson attorneys were hired by Baldwin County and Mobile County, the two coastal counties in Alabama, as well as two coastal municipalities, to handle claims on behalf of these governmental entities related to the 2010 BP oil spill. The firm’s attorneys successfully settled Baldwin County’s BP claim and are continuing to represent the other municipalities in pursuit of compensation for lost taxation and other economic losses resulting from the oil spill.
Bush/Paisley, et al. v. Knauf Plasterboard Tianjin Co., Ltd., et al.
United States District Court, Eastern District of Louisiana
Settled
These construction cases involved defective Chinese drywall installed in our clients' respective homes. Pursuant to a settlement agreement, our clients' homes have been repaired, and attorneys' fees and case expenses will be paid by the Defendants.
Almond/Bearden, et al. v. McNeal & Douglas, LLC, et al.
Various Courts
Confidential Settlement
In these legal malpractice cases, attorney Jim Douglas misppropriated and in some instances stole funds from his law firm's trust account that were intended to be paid to the firm's clients or, in some instances, to be paid to lenders for the benefit of participants in real estate transactions. The cases settled after mediation.
Lancaster v. The Guardian Insurance Co. of America
United States District Court, Northern District of Alabama
Confidential Settlement
David Lancaster purchased disability insurance from Guardian and paid premiums on the policy for years. He periodically purchased future increase options ("FIOs"), which increased the benefits available under his policy. He was later diagnosed with multliple sclerosis and was eventually unable to work. He submitted a claim on his disability insurance to Guardian, only to be denied the full value of his claim based upon an alleged "issue limit" that was much lower than the FIOs Mr. Lancaster had purchased. We obtained judgment as a matter of law for Mr. Lancaster prior to trial and then settled the case at mediation.
Estate of Willie Hollie v. Lafayette Nursing Home
Circuit Court of Chambers County
Confidential Settlement
Willie Hollie was a resident of Lafayette Nursing Home and was provided nutrition through a gasatrostomy tube. The staff found his tube dislodged, inserted a new tube at the bedside, and failed to confirm placement by x-ray. Mr. Hollie died of sepsis resulting from peritonitis that was caused by an improperly positioned PEG tube. For information on Nursing Home Malpractice click here.
Estate of Patricia Walsh v. Amstan Logistics, Inc.
United States District Court, Northern District of Alabama
Confidential Settlement
Patricia Walsh was driving home to Florida on Interstate 65 when her car was struck from behind. Mrs. Walsh did not survive the collision. When the investigating officers arrived, the 18-wheeler had left the scene. We were able to establish that the collision was caused by an Amstan Logistics driver through the investigative work done by the Alabama Department of Public Safety and aggressive forensic testing that we had performed, including testing of paint transfers and the forensic matching of a puncture in a tire on the 18-wheeler with a crushed tailpipe on Mrs. Walsh’s car. Our accident reconstructionist established that the collision occurred when the Amstan driver failed to stop for slowing traffic, took an evasive maneuver to his left, and struck Mrs. Walsh’s car with the front of his flatbed trailer. For information on 18-wheeler cases click here.
For comments from Mrs. Walsh’s widower, Roger Walsh, please see our Testimonials page.
Canty v. Alabama's Children's Health System, Inc.
Circuit Court of Jefferson County
Confidential Settlement
This medical malpractice case involved the tragic death of an 18-month-old child. Allyson Canty became unresponsive in her father's arms while in the waiting room of Children's Hospital. We alleged that the triage nurses who assessed Allyson should have ensured that she was seen by a physician immediately upon arrival to the emergency room as she needed prompt medical attention. For information on Medical Malpractice cases click here.
Vineyard Christian Fellowship of Birmingham, Inc. v. Devere Construction Co., Inc.
Circuit Court of Jefferson County
Confidential Settlement
In this commercial construction case, a Birmingham-based church paid for the construction of a large worship and educational facility that it was unable to occupy because of structural defects. The Indiana construction company responsible for the project settled the case after several days of trial.
Small v. UNUM Group Corporation
Circuit Court of Jefferson County
Confidential Settlement
Patrick Small was injured when he was struck by a car while riding his bike. Although he did not suffer any immediately obvious serious injuries, he manifested signs and symptoms of a traumatic brain injury in the year following his accident. Mr. Small owned companies involved in a highly technical market and was required to perform complex calculations to meet the needs of his companies' clients. He eventually realized he could no longer perform his work and submitted a claim on the disability insurance policy he had purchased for himself from UNUM, only to be denied. After litigation, the case was resolved at mediation.
Auld v. Anonymous
Circuit Court of Mobile County
Confidential Settlement
Brandon Auld was born with a left unilateral complete cleft of the primary and secondary palate. During surgery to repair his cleft palate, a series of medical errors occurred that resulted in Brandon dying of anoxic encephalopathy. Because of the pre-filing investigative work that had been done, the defendants settled the case prior to any depositions being taken. For information on Medical Malpractice cases click here.
Estate of Leobardo Perez-Zuniga v. Anonymous
Circuit Court of Jefferson County
$1,150,000 Settlement
Mr. Perez-Zuniga was killed and other occupants of his vehicle were injured when he was struck head-on in an automobile collision. The driver at fault was underinsured, but the firm’s attorneys successfully pursued a negligent entrustment claim against the rental car agency who rented the car to the driver at fault. For information on Motor Vehicle Accident cases click here.
Schultz v. Professional Asset Strategies, LLC
FINRA Dispute Resolution
$478,908 Arbitration Award Plus Pre-Judgment Interest
In this securities case, a money manager stole funds belonging to Howard Schultz to support a gambling addiction. The money manager's employer ignored obvious signs that the money manager was not fit to be entrusted with client funds and failed to review client statements on a periodic basis. The case was aggressively defended through a two week arbitration hearing, after which our client received an award. For information on securities cases click here.
Estate of Michael Cooper v. AT&T Corp
United States District Court, Northern District of Alabama
$3,500,000.00 Settlement
Michael Cooper was driving on Highway 231 between Ashville and Pell City when a truck driven by an AT&T employee crossed the center line and struck Mr. Cooper’s van. Mr. Cooper was taken by helicopter to UAB Hospital, where he died several days later. During the case, AT&T Corp. took the position that the truck veered suddenly to the left due to a possible mechanical defect. Because we had an accident reconstruction expert on the scene the day after we were hired, we were able to establish that the AT&T driver got his right tires off the right side of the road, over-corrected, and drove into Mr. Cooper’s lane of travel. For information on Motor Vehicle Accident cases click here.
For comments from Mr. Cooper’s widow, Eloise Cooper, please see our Testimonials page.
WorldCom Litigation
Confidential Settlements
Firm attorneys Rob Riley and Kallie Lunsford successfully resolved arbitrations against Citi for over 1,200 investors defrauded in the WorldCom scandal. These proceedings were filed throughout the country and were ultimately resolved in a manner that netted Riley Jackson clients exponentially more than they would have received if they had participate in a class action settlement negotiated by another firm. For information on Securities cases click here.
Timothy Aaron v. John A. Just, M.D.
Circuit Court of Etowah County
$3,250,000 Jury Verdict
The firm settled this medical malpractice case against two defendants prior to trial for a total of $1 million. The case proceeded to trial against Dr. John Just. Timothy Aaron was permanently paralyzed after suffering an epidural abscess that Mr. Aaron’s health care providers, including attending physician and neurologist Dr. Just, failed to diagnose in a timely manner. The trial lasted eight days, during which the defense informed the jury that Mr. Aaron has previously settled claims against other defendants for $1 million. The jury returned a verdict against Dr. Just on the eighth day of trial. For information on Medical Malpractice cases click here.
Estate of Mary L. Watson v. St. Vincent’s Hospital , Circuit Court of Jefferson County, CV-03-0983.
$4,000,000.00 Jury Verdict
In this medical malpractice case that Riley Jackson lawyers tried with attorney Mike Worel, Mary Watson died during a surgical procedure when she was given general anesthesia while suffering from hypovolemia. The trial lasted two weeks, after which the jury returned a verdict against the hospital and the physician involved in Mrs. Watson’s treatment. For information on Medical Malpractice cases click here.
Anonymous v. Anonymous
Circuit Court of Mobile County
$2,900,000 Settlement
In a medical malpractice brought on behalf of a minor child, Riley Jackson attorneys argued that the child suffered nerve injuries in both of his legs due to medical negligence that occurred during a surgical procedure that should never have been performed. For information on Medical Malpractice cases click here.
Rainer v. York Truck Plaza, Inc.
Circuit Court of Sumter County
Confidential Settlement
Gary Rainer suffers from a mental deficit and would pass some of his time at the local BP in York, Alabama. On one slow afternoon, an employee of the convenience store instructed Mr. Rainer to take a mop and clean the men's restroom, despite the fact that Mr. Rainer was not an employee. Upon entering the restroom, Mr. Rainer slipped in water and broke his hip. The case settled after mediation.
Estate of Hugh King v. Anonymous
United States District Court, Northern District of Alabama
Confidential Settlement
Riley Jackson attorneys settled a case against an Alabama hospital for a confidential amount arising out of the death of Hugh King. Despite exhibiting numerous risk factors for falls, including the fact that he had just completed dialysis and had a low blood pressure, Mr. King was placed on a radiology table at a major Alabama hospital to undergo an x-ray. The table was raised forward without any fall precautions in place, and Mr. King fell forward and struck his head on the floor. The force of the fall resulted in a fatal subdural hematoma and intraparenchymal hemorrhage. The case was resolved several weeks after mediation. For information on Medical Malpractice cases click here.
Estate of Rayford Schrimsher v. Charter Communications, Inc.
United States District Court, Northern District of Alabama
$1,500,000.00 Jury Verdict
Rayford Schrimsher was driving his motorcycle when a truck being driven by a Charter employee pulled out from a side road and struck Mr. Schrimsher. Charter defended the case on liability and argued that its employee acted reasonably by looking to the right at the stop sign, pulling forward to the fog line, and looking right again, all before pulling into the roadway. The Charter employee testified that he never saw Mr. Schrimsher, and two witnesses testified that they never saw Mr. Schrimsher’s motorcycle prior to the accident. Mr. Schrimsher died on the scene as a result of his injuries. For information on Motor Vehicle Accident cases click here.
First Physicians Management, Inc. v. Electronic Health Care Systems, Inc.
Circuit Court of Jefferson County
Confidential Settlement
Our client, a medical services organization ("MSO") purchased electronic billing software to enable it to submit payment claims on behalf of physicians and hospitals to health insurance companies. The software not only failed to function as intended by failing to submit the insurance claims, it also failed to notify the MSO that the software was not submitting the claims. The software indicated to the MSO that the claims were timely submitted when the claims were never electronically submitted, which cost our client and its member health care providers financial losses well into the seven figures. After extremely contentious litigation, the case settled following the second mediation.
Wendell Garner v. Eric M. Leslie and G-UB-MK Constructors
Circuit Court of Jackson County
$525,000 Jury Verdict
Wendell Garner suffered a peroneal nerve injury and resulting foot drop when a truck driven by G-UB-MK employee Eric Leslie backed over Mr. Garner’s legs. The Defendants contested liability, causation, and damages and contended that the accident could not have occurred in the manner explained by Mr. Garner, that Mr. Garner was contributorily negligent, that Mr. Garner’s long-standing diabetes caused his nerve injury, and that Mr. Garner’s lost wages claim was not justified. After five days of trial, the jury returned a verdict in Mr. Garner’s favor.
Modder v. Unity Financial Life Insurance Co.
Circuit Court of Jefferson County
Confidential Settlement
Unity Financial had captive agents authorized to sell burial insurance to customers of our client who were located within our client's building. Our client, a local funeral home, offered both pre-need burial contracts and insurance policies that would cover the cost of a burial. The Unity representatives were forging the signatures of our client's customers to sham insurance applications, utilizing our client's operating funds to pay the premium for the insurance, and pocketing commissions paid to them by Unity, all without our client's knowledge. Our client ultimately had to file bankruptcy because of the financial losses caused by this conduct. After our office obtained over 150 affidavits from individuals whose names were forged to insurance applications, the case settled.
Sirote & Permutt, Inc. v. Thomson Reuters, Inc., et al.
American Arbitration Association
Confidential Settlement
Our firm represented a large local law firm in this dispute over the functionality of software sold to it by the Respondents in the case. The software failed to function as advertised and intended and caused our client to lose a significant amount of revenue. The case settled prior to an arbitration hearing.
Carroll v. Marshall Medical Center South, et al.
Circuit Court of Marshall County
Confidential Settlement
Jalen Carroll suffered from epilepsy and was experiencing a seizure when a nurse at Marshall Medical Center South placed an IV into Jalen's artery rather than his vein. The anti-seizure medication Dilantin was then injected into the artery and immediately began damaging the arterial wall. Because of that medication error and a series of subsequent physician errors at Marshall Medical Center South and later at Children's Hospital, Jalen ultimately suffered an amputation of his arm. The case settled following mediation. For information on Medical Malpractice cases click here.
Burrow v. Dryvit Systems, Inc., et al.
Circuit Court of Jefferson County
Confidential Settlement
In a residential construction case, a Birmingham couple was forced to pay approximately $1,100,000 in remediation costs because of poor workmanship, defective synthetic stucco cladding, and resulting termite damage. After almost two years of litigation against multiple defendants, including the manufacturer of the synthetic stucco and various subcontractors, the case settled prior to trial.
Roskam v. Benson Custom Homes, Inc., et al.
Circuit Court of Shelby County
Confidential Settlement
In this residential construction case, a Shelby County couplemoved into their new home, only to discover within the first few years that the EIFS cladding system had been improperly applied. The Roskams were forced to remove the cladding and reclad their home with brick at significant expense. After over two and on-half years of litigation against multiple defendants, the case settled prior to trial.
Technipro PTY, Ltd. v. Scandipharm, Inc.
Circuit Court of Jefferson County
Confidential Settlement
This breach of contract and fraud case between Australian and Alabama pharmaceutical and medical device distributors involved distribution rights for cystic fibrosis medication in Australia and New Zealand, with our client alleging it paid Scandipharm for the distribution rights based upon Scandipharm's misrepresentation that it had licensed the rights from the manufacturer of the medications when our client later learned it had not. The case took several twist during discovery, to the point where Rob Riley traveled to Rome, Italy to interview the owner of the Italian manufacturer of the medication. The case settled after four days of a heavily contentious trial.
Estate of Marjorie Corporon v. Diversicare, Inc.
Circuit Court of Russell County
Confidential Settlement
Marjorie Corporon was a resident of Canterbury Health Facility. She developed an impaction, which we alleged the nursing home did not recognize or respond to in a timely manner or appropriately. Ms. Corporon died as a result of her impaction. For information on Nursing Home Malpractice click here.
Estate of Corine Jackson v. Living Centers East, Inc.
Circuit Court of Dallas County
Confidential Settlement
This nursing home malpractice case invovled the death of Corine Jackson, who died of sepsis resulting from infected pressure sores. The case settled confidentially several weeks prior to trial.
Houston v. Curtis White Development Co., LLC, et al.
Circuit Court of Jefferson County
Confidential Settlement
David and Carrie Houston purchased a new home in Leeds, Alabama, and later discovered numerous construction defects. Discovery revealed that the builder had allowed his nephew to build the home, although the nephew did not possess a general contractor's license. The sale was brokered by a real estate agency that we learned during discovery was owned by the cousin of the builder's nephew, and the agency never revealed to the Houstons that the home had been constructed by a non-licensed builder. The case settled at mediation.
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Other Case Information:
Commercial Litigation
Insurance Coverage Litigation
Product Liability
Construction Defects