Administratrixes of three estates v. Defendant corporations

Settlements of $5,250,000 (Jefferson County Circuit Court, Birmingham Division). Along with another law firm, we represented the estates of three people who died as a result of a fire caused by a leak from a corroded gas service line. The pipe had corroded over the years allowing gas to escape to the point that the pipe was “tin-foil” thin which caused small cracks allowing gas to escape which combined with an ignition source to cause the fire and the death of the individuals.

DeAnna Bearden v. Personnel Staffing, Inc and Jacques Hendon

Settlement of $4,500,000 (Tallapoosa County). Wrongful death case in which a tractor trailer being operated by a “temp” driver supplied by an employment agency was involved in a one vehicle accident. The truck veered off the road and crashed into a utility pole and several trees causing the death of Bret Shannon Willis, a 51 year-old Talladega County resident, who was asleep in the sleeper compartment of the truck. The driver had a criminal background and a poor work record. Pretrial discovery proved that no background check was performed prior to the driver being allowed to drive.

Estate of Charles Alvin Milstead v. Anonymous defendant

(Randolph County) Settlement of $3,060,000. Alvin Milstead was killed in a collision with an intoxicated, underinsured motorist. The intoxicated motorist, who had a blood alcohol content of 0.24, was on the wrong side of the road and struck Alvin head-on. The intoxicated motorist was killed in the collision and his insurance carrier paid the policy limits of $20,000 even though there was a coverage issue related to the vehicle that the intoxicated motorist was operating at the time of the collision. Mr. Milstead and his wife were personally insured and their underinsured insurance carrier paid their policy limits of $40,000. At the time of his death, Mr. Milstead was operating a truck that was owned by his employer. The truck was covered by a commercial general liability policy, which provided an underinsured motorist benefit of $1,000,000. Pursuant to Alabama statute and case law, the attorneys were able to convince the commercial carrier that the $1,000,000 underinsured benefit could be stacked to provide a total benefit of $3,000,000 to Mr. Milstead’s estate. The commercial carrier tendered the entire amount of underinsured motorist benefits, which exhausted all possible insurance coverages.

McBrayer, as mother and next friend of Thomas Keith Eden and Kelisha Eden and next friend of Jonathon William Brimer, Jr. v. Anonymous Defendant

Settlement of $2,150,000 (Etowah County). Wrongful death case stemming from the death of two children. The name of the defendant is confidential due to the settlement agreement. The McBrayers were traveling North on 431 when their vehicle began experiencing mechanical difficulties which caused them to slow down and travel slowly in the right hand lane of travel with their flashers on. They were rear-ended by a pick-up truck exceeding the speed limit.

An 11 year-old minor and 21 year-old counselor v. Anonymous Camp Operator

Settlement of $2,000,000 (Elmore County). An 11 year-old camper's right leg was amputated below the knee when she was run over by a pontoon boat belonging to a summer camp as she and a counselor were waiting to be pulled on a large tube while on a lake outing. Her attorneys prepared an extensive life care plan detailing her medical treatment, including future medical procedures, prostheses, as well as the economic impact and vocational losses due to her injuries. The settlement included a $195,000 recovery for the 21 year-old counselor who suffered a broken jaw.

John Haynes and 13 year old minor v. Anonymous Trucking Company

(Tallapoosa County) Settlement of $1,690,000. John Haynes was the 71 year-old driver of a school bus transporting students from a softball game when it was hit by a tractor trailer as he left the Alexander City Middle School parking lot. Mr. Haynes and his 13 year-old granddaughter, who was his last passenger, sustained injuries in the collision. The girl was thrown through the windshield of the bus where her foot got tangled with a mirror preventing her from falling under the bus. The investigation revealed that the tractor trailer driver had been diagnosed with glaucoma and failed to properly treat his symptoms for many years, yet remained employed as a driver even as his eyesight deteriorated. In addition, pretrial discovery revealed that the tractor trailer driver had been involved in another at-fault accident driving for the same trucking company, yet he was allowed to continue his employment. Mr. Haynes received a compression injury to his heart but did not undergo any surgery. His granddaughter, miraculously, escaped serious injury.

Estate of Daisy Beasley v. Riverside Turf Farm, Excel Trucking and Ricky Lane

(Pike County) Settlement of $1,520,000. Wrongful death case settled when a truck driver’s insurer agreed to pay $1,000,000 even though the policy limits had a cap of $300,000. The case arose from an accident on Highway 231 in Troy, Alabama when a truck driver with a poor driving record and faulty brakes swerved into a turn lane to avoid hitting another tractor-trailer from behind. The truck driver admitted in his pretrial deposition that he swerved without first looking to see if there was a car in the turn lane. Mrs. Daisy Beasley’s car was in that lane and was knocked under the other rig’s trailer causing her tragic death. Lawyers did an extensive background check on the truck driver’s driving record and found that he had received 29 tickets, two license revocations, and used two different driver’s licenses. Under federal law, the truck driver was obligated to have $750,000 of insurance but had purchased only $300,000 in coverage. Lawyers deposed the agent who sold the coverage and proved that the insurance company should have known the driver was an interstate driver and, thus, should have obtained at least $750,000 in coverage. That insurer paid $1,000,000 to Mrs. Beasley’s family. Other parties, including Riverside Turf Farm who hired the driver as an independent contractor contributed $520,000 to the settlement.


2005 Case Summaries