Brenda Pair, as Administratrix of the Estate of Jimmy Ray Bogue, deceased, v. Black Warrior Minerals, L.W. Enterprises, et al.

Verdict of $20,000,000 (Jefferson County, Bessemer Division) against strip mine and a settlement of $600,000 against trucking company and driver. Jimmy Bogue was killed when an overloaded coal truck came around a corner in northwest Jefferson County and, due to its speed and weight, the trailer turned over on its side and slid down the wrong way of the road, impacting the vehicle driven by Jimmy Ray Bogue and killing him instantly.

Alabama Farmers Cooperative v. Bobby Davis, et al.

Verdict of $15,400,000. Jury awarded $9,600,000 in compensatory damages and $5,800,000 in punitive damages (Circuit Court of Morgan County). Dixieland Trucking, a division of Alabama Farmers Cooperative, brought this case against its former general manager and several companies with whom the manager had business dealings. Former manager admitted embezzlement, falsifying financial statements and deceiving management at Alabama Farmers Cooperative. Davis leased unneeded trucks from defendants and then hid leases from his own bosses. Defendants attempted to purchase Dixieland when deceptions were uncovered. Plaintiff brought suit under claims of fraud, intentional interference with business relations, breach of fiduciary duty, and other claims. The verdict came after a three week trial.

Jim Hardy v. API Outdoors and Larry’s General Merchandise

Settlement of $6,700,000 (Tallapoosa County). Plaintiff, while deer hunting, was rendered a paraplegic when his tree stand fell approximately twenty feet. Plaintiff claimed that the fall occurred because a metal pin failed, disconnecting an encircling chain from around the tree to which the stand was attached, and that the tree stand’s foot strap failed. Plaintiff purchased the tree stand which was manufactured by API from Larry’s General Merchandise. An investigation revealed that a number of items were missing from the tree stand sold to the plaintiff including warnings, instructions, and a safety video, all of which the plaintiff claimed contributed to the fall.

Jamie Wood, individually , and as a representative and next friend of Spencer Wood, a minor v. Bennett Truck Transport, Charles Oliver and Palm Harbor Mobile Homes

Consent judgment of $5,000,000 against Bennett Truck Transport and Charles Oliver, driver; $500,000 settlement with Palm Harbor Mobile Homes (Etowah County). A Bennett Truck Transport tractor pulling a Palm Harbor Mobile Home veered off the road and struck Jamie Wood’s van with her nine year old son in the back seat, injuring Ms. Wood and throwing the child from the van where he suffered permanent frontal-lobe short-term memory loss.

Wheelwright Trucking Co., Inc. v. Dorsey Trailers, Inc.

Judgment of $2,500,000 (Barbour County). Plaintiff purchased a number of Flatbed trailers from Dorsey Trailers. After a few years of use, cracks appeared in the frame of the trailers and Wheelwright Trucking sued to recover economic damages for lost profits and business opportunities on the theory that Dorsey had misrepresented the suitability of the trailers for hauling certain items. After plaintiff obtained judgment, various insurers for Dorsey filed declaratory judgment actions seeking to avoid paying the judgment. After appeal to the Alabama Supreme Court, 851 5020 466 (Ala.2002), the judgement was paid.

Confidential Settlement

Settlement of $1,600,000 (Circuit Court of Etowah County). Settlement in which the cause of a deadly house fire was partly attributed to faulty equipment selected and installed by one defendant and partly attributed to defective fire safety equipment designed and manufactured by another defendant.

Confidential Settlement

Settlement of $1,475,000 (Colbert County). Plaintiff’s daughter suffered severe brain injuries in a car accident and will be in a permanent vegetative state requiring complete and total care for the rest of her life. Plaintiff brought products liability claims as well as other warranty theories in regards to the crashworthiness of the vehicle. Plaintiff’s case was complicated by the facts that the daughter was not wearing her seatbelt, that both vehicles were traveling at high speed, and that the daughter’s vehicle had been sold for salvage.

Deborah Motley v. Jerry Wilson Logging Co., Gale Creek Logging

Settlement of $800,000 (Chilton County). Settlement shortly before trial with hauler of extra long logs as well as logging company which loaded logs onto haulers trailer. Hauler’s insurer paid policy limits of $500,000 and balance of proceeds were from logging company. Fatal accident occurred at night when an eighteen-year-old driver collided with logs extending from rear of tractor trailer that was in the process of turning from one rural roadway onto another. Driver of tractor trailer claimed he did not know he had been involved in an accident and left the scene. State Trooper cited the hauler for multiple violations including inadequate lighting, but also miscalculated eighteen-year-old's speed at twenty-nine miles above the speed limit. Through accident reconstruction, plaintiff proved trooper had substantially overestimated speed of teenager’s vehicle. Plaintiff also found witness in the area of the accident that troopers were unable to locate indicating that truck driver knew he had been involved in a accident.

Southern Energy Homes v. JRH Risk Services, Inc., Group Resources, Inc., and ULICO Casualty Co.

Settlement of $475,000 (Circuit County of Winston County). JRH, which later became GRI, acting as third-party administrator, and ULICO, as provider of excess loss coverage, contracted to administer the plaintiff’s self-insured employee benefit plan. Plaintiff claimed that JRH/GRI mishandled health claims for a number of the plaintiff’s employees and that ULICO refused to pay employee health claims as was its duty as excess loss coverage provider..

Southern Energy Homes v. HPS Paradigm, Inc. and American National Life Insurance Co. of Texas

Settlement of $300,000 (U.S. District Court for the Middle District of Alabama). Plaintiff established an employee health benefit plan by contracting with Paradigm to act as third-party administrator and American National to provide excess loss coverage for the plan. Plaintiff discovered after completion of the policy period that American National had neglected to pay claims which would have been covered by the excess loss coverage. Thus, the plaintiff claimed breach of contract against both defendants and bad faith against American National.

Pherando Perkins v. SFI, Inc.

Settlement of $300,000. Mr. Perkings was following an SFI, Inc. truck hauling a transformer that leaked oil onto the interstate highway which caused Mr. Perkins to lose control of his car, wreck and suffer a lower back injury.


2002 Case Summaries