Our Results in 2008
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.
Estate of Rayford Schrimsher v. Charter Communications, Inc., United States District Court, Northern District of Alabama, CV-06-C-4913-NE.
Jury verdict for $1,500,000.00.
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.
Lancaster v. Guardian Life Insurance Company of America, United States District Court, Northern District of Alabama, CV- 06-HS-0454-S.
David Lancaster purchased an individual disability insurance policy while he was self-employed. Mr. Lancaster paid an additional premium to purchase a future increase option rider to the policy. This rider allowed Mr. Lancaster to purchase additional individual disability coverage in an amount that depended on his income, even if he was disabled at the time he wanted to buy additional coverage. Mr. Lancaster became disabled years later and attempted to buy additional coverage under his future increase option rider. The insurance company refused to allow Mr. Lancaster to purchase this insurance because Mr. Lancaster was also covered under a group disability insurance policy issued by a different insurance company. Nothing in the insurance company’s contract documents with Mr. Lancaster indicated that other insurance coverage would be taken into account when determining whether Mr. Lancaster could buy additional benefits, however. The federal jdge to whom the case was assigned awarded Mr. Lancaster summary judgment on his breach of contract claim against the insurance company, and the case was resolved thereafter.
Settled pursuant to a confidentiality agreement.
Estate of Don Bush v. Brookwood Medical Services, Inc., Circuit Court of Jefferson County, 06-4545.
In this medical malpractice case, we alleged that Brookwood Medical Center's nursing personnel failed to inform a physician of significant changes in a patient's condition. We also alleged that a respiratory therapist at Brookwood failed to report a critical lab value for the patient that indicated the patient was on the brink of respiratory failure. A treating physician chose to support the hospital and was going to testify against us on causation.
Settled for $500,000.
In re: Estate of Betty Joyce Snellgrove, Circuit Court of Houston County, CV-07-221-A.
Betty Joyce Snellgrove was admitted to a rehabilitation facility for rehab after surgery to correct a fractured hip. During her rehabilitation stay, Ms. Snellgrove developed a stage IV decubitus ulcer on her coccyx. We alleged that the facility's personnel failed to implement appropriate interventions to prevent pressure sores and failed to identify Ms. Snellgrove’s problem in a timely manner. Ms. Snellgrove’s pressure sore was debrided and a feeding tube was placed to ensure that Ms. Snellgrove received adequate nutrition to enable her to heal the wound. She died several months later, and we alleged that her death was due in large part due to her body’s depleted condition as a result of the pressure sore.
Settled pursuant to a confidentiality agreement.
James Brandon Cooper v. State Farm Mutual Automobile Insurance Company, Circuit Court of Jefferson County, CV-2005-06836.
Settled pursuant to confidentiality agreements.