Mohr v. Daimler Chrysler Corporation

CV: No. 03-2433 $58,278,000 verdict (Shelby County, Tennessee). A jury in Shelby County, Tennessee awarded the family of Gilbert’s wife, Vickie, and his mother-in-law Maurine Heathscott.

Vickie and Maurine were killed July 5, 2002, when their 2000 Dodge Caravan failed to protect them in an accident caused by a Jeep Cherokee.

Suit was brought against Daimler Chrysler alleging that the 1996 through 2000 Dodge minivans were defective and unreasonably dangerous. One defect is that these Dodge vans have an inadequate structural design which fails to properly protect occupants in certain types of frontal crashes. Another defect is that the seatbelt buckles are prone to be inadvertently contacted and released.

The seatbelts, known as GEN-III, were the subject of an investigative report done by ABC News. The report on ABC's Primetime demonstrated that the GEN-III buckle failed an industry standard known as “The Ball Test”. Scientists hired by ABC’s Primetime testified for plaintiffs at the trial in Tennessee.

The jury found Maurine Heathscott was belted prior to the crash but inadvertently contacted her buckle which released the belt and allowed Maurine to suffer a fatal blow to her head. Compensatory damages of $2 million were awarded to the estate of Maurine Heathscott.

The jury awarded compensatory damages of $7.5 million to the driver, Vickie Mohr. She was crushed to death when the safety cage, or occupant cage, collapsed during the offset frontal collision. Through discovery it was revealed that Chrysler rushed to put the 1996-2000 minivans on the market in approximately half the normal time it takes to design and develop a vehicle. It was further revealed that Chrysler struggled to meet the minimum federal standards for crash worthiness and occupant protection. Testimony and documents demonstrated that Chrysler took drastic measures to get their vehicles certified. Chrysler intentionally weakened the occupant compartment space which created an unreasonable risk of injury or death to occupants in an offset frontal collision.

The jury found Chrysler’s actions to be intentional or reckless. The punitive damage verdict against Chrysler was for $48,778,000.

The verdict is believed to be one of the largest ever in the history of Shelby County, Tennessee. It received media coverage from The Detroit News, Bloomberg News, The St. Louis Courier, and The Birmingham News.

Macon v. Anonymous

Settlement of $5,000,000 (Macon County). This case involved a lady who was killed when a fire occurred involving a gas system. Plaintiff’s allegations included negligence and failure to act pursuant to accepted codes and regulations.





Chamber of Commerce Litigation: Steven self, etc. v. United International Insurance Company, et al.

Settlement of $4,020,000 (Jefferson and St. Clair Counties) on behalf of nine Alabama families who purchased health insurance policies through the Birmingham, Pell City, and Childersburg Chambers of Commerce as part of a plan known as the CCAA Plan. This plan failed quickly and was determined to have been issued under the name of the United International Insurance Company, which was not ever licensed to do business in Alabama and was nothing more than a dormant insurance charter supposedly headquartered in the Caribbean island of St. Kitts. The plaintiff families purchased the CCAA coverage only to learn that their coverage was worthless. Unfortunately, some families had serious health claims and had to pay for medical treatment out of their pockets. One individual had brain surgery due to a malignant tumor for which his family was responsible and had to delay follow-up treatment. Several others had surgery for a variety of health problems.

There are numerous defendants in the litigation ranging from a Birmingham insurance agency which promoted the CCAA plan to other individuals or companies who developed it. One defendant was a vice president of Hilb, Rogal and Hamilton of Atlanta, Inc. who promoted the plan and received a portion of the premiums but did not conduct any evaluation of whether the plan was financially viable, issued by reputable companies, or even legal. These companies and individuals were sued for their negligence. The Alabama Department of Insurance recognized problems with the CCAA Plan within 90 days of its start date but lacked the resources to assist the families in getting their claims paid or any other compensation.

A judgement of $8,500,000 for fraud was obtained against other defendants who did not participate in the settlement but who actively orchestrated the fraudulent CCAA Plan.

Anonymous v. Car Manufacturer

Settlement of $3,000,000 (Etowah County). This case was a wrongful death product defect case wherein the driver of the vehicle was killed due to the roof collapsing during a rollover.

James Ellzey, as administrator of the estate of Cathy Ellzey; Steve and Stephanie Cooper v. Advance Construction Services., et al.

Settlement of $2,315,000 (Tallapoosa County). This case resulted from a car collision between Cathy Ellzey and Steve Cooper. The collision was caused by a low road shoulder which exceeded six inches. Advance Construction Services, Inc. was performing road construction adjacent to Highway 280 in Tallapoosa County. During the course of the construction project, equipment pulling on and off Highway 280 created the hazardous drop off. On his way to work one morning, Mr. Cooper's right front tire dipped off the roadway. When the vehicle regained traction, it traveled across the highway into oncoming traffic and into the path of Cathy Ellzey. Mrs. Ellzey was killed and Mr. Cooper was seriously injured. During discovery it was revealed that the supervisor for Advance Construction Services, Inc. knew of the shoulder condition but failed to remedy the problem. It was also discovered that the supervisor was not properly qualified to supervise the project.

Tillis c. Conway Courier Services, Inc., et al.

Settlement of $1,150,000 (Montgomery County). This case resulted from an accident at Merle Truck Stop on Highway 231 in Montgomery, Alabama. A tractor-trailer turned left from a parking lot onto Highway 231 in front of a logging truck driven by Scott Tillis. As a result of this collision, Mr. Tillis died. All possible insurance proceeds were exhausted to fund the settlement.


Ken Rainey as Administrator of the estate of Linda Rainey v. Anonymous motorcycle retail sales and repair store and helmet manufacturer

Settlement of $1,075,000 (Talladega County). Mr and Mrs. Rainey were riding their motorcycle when the back tire lost air causing them to wreck. Mrs. Rainey died as a result. This was a wrongful death action brought against the helmet manufacturer for a defective helmet and against the motorcycle sales and repair store for improperly mounting the back tire and rim prior to the wreck.

Estate of Dwayne Munn, estate of Ashley Munn, and Mason Munn v. Falcon Transport

Settlement of $825,000 (Calhoun County). Phillip and Ashley Munn were killed and their infant son was injured in a collision involving a Falcon Transport trailer. The investigation into the deadly crash in Mississippi revealed that the tractor trailer was traveling too fast for the foggy, rainy and cloudy conditions. The company had limited insurance coverage but the firm secured almost half of the proceeds despite six other lawsuits against Falcon Transport including two other deaths and four other serious injuries.

David Barron v. Anonymous Bar, et al.

Settlement of $750,000 (Lee County, Mississippi). David was seriously injured when a motorist crashed into his vehicle. The other motorist was highly intoxicated and had been served approximately a dozen beers by the bar’s employees while already visibly intoxicated. The bar violated Alcohol and Beverage Control Board regulations concerning the sale of alcohol.

Estate of Alfredo Vasques v. Anonymous Poultry Company

Settlement of $700,000 (Coffee County). In the early morning Alfredo Vasques was on his way to work and came over the hill where a loaded poultry truck was pulling out of a farm and was across both lanes of the road. The retro-reflective tape on the trailer was covered with dirt, debris and chicken manure. Because of the poor condition of the reflective tape, Mr. Vasques was unable to see the truck before the fatal impact.

Anonymous v. Anonymous Accounting Firm

Settlement of $400,000 (Morgan County). A case of professional negligence was brought by the owner of a trucking business in Priceville against accountants who were asked to conduct a forensic audit of the trucking operation. The owner was concerned that the manager of the Priceville business might be either embezzling money or distorting financial records. Accountants gave the manager a "clean bill of health" but it was later learned that the owner’s concerns were well founded.

Lenise and Christie Anderson v. Anonymous Driver

Settlement of $360,000 (Jefferson County). Mother and daughter were injured when an intoxicated driver failed to yield the right of way and collided into the Anderson's vehicle which resulted in both Lenise and Christie having fractured femurs and Christie having a cracked vertebra.

Adriane and Allen Parker v. Anonymous Company

Settlement of $360,000 (Jefferson County). The Parkers were stopped at a red light at the intersection of Highway 280 and Valleydale Road in Birmingham, Alabama when they were rear-ended by an 18 wheel truck hauling sod. Mrs. Parker suffered torn ACL & PCL ligaments in her knee and Mr. Parker was bruised and sore.




Shane and Michelle Carden v. Ray Carden

Judgement of $325,000 (Coosa County). Shane Carden was deer hunting on his father’s property when another hunter, not authorized to be on the property, mistook Shane for a deer and shot him in the abdomen. Shane was seriously injured and permanently scarred.

Estate of Clyde Knowles v. East Alabama Mental Health-Mental Retardation Board & Waverly House Group Home

Settlement of $300,000 (Lee County). Clyde Knowles' estate received a settlement of $300,000 after the Waverly House Group Home, an assisted residence home for the mentally ill, allowed Clyde to leave the facility undetected. Although Clyde was not a court-committed patient, his family was assured that he would be supervised at all times. On the evening before his disappearance, Clyde exhibited strange behavior that should have alerted the staff. The staff did not secure Clyde’s room nor did they contact his family. He escaped through a window early the next morning. His body was found several months later. His cause of death was undetermined.

Ronald Headrick v. West Trucking, Inc.

Settlement of $300,000 (Clay County). Settlement for damages when a West tractor trailer rear-ended the truck driven by Ronald Headrick on I-40 in Arkansas. Mr. Headrick, who had previous surgeries on his back, was permanently disabled due to a back injury from this collision. Defendant attempted to move the case to federal court in Arkansas and also argued that Alabama courts did not have jurisdiction.

The Fincher Family v. East West Expedited Services, Inc.

Settlement of $300,000 (Talladega County). A tractor trailer driven by a driver with cocaine in his system hit seven cars, killing one person and injuring many, on Monday after the Fourth of July at I-20 in Talladega, Alabama. The Fincher family was in two of the cars that the tractor trailer hit and at least one member of the family was severely injured. The trucking company went out of business. The insurance company attempted to interplead its single accident limits of $1,000,000. However, the firm claimed that the limits should be higher than $1,000,000 on the theory that there were multiple occurrences that day. A separate trial on insurance coverage was held in the Jefferson County Circuit Court, resulting in a favorable verdict and holding that there were two occurrences and the limits should be $2,000,000.


2004 Case Summaries