Baptist Health Systems, Inc., et al. v. General Reinsurance Corporation, et al.

Settlement of $4,900,000 (Montgomery County). This case arose from the merger of the Alabama Hospital Association Trust, of which Baptist Health System was the largest participant, with a Virginia-based insurance group, Reciprocal of America. In making the decision to merge, Baptist Health System relied on representations from actuaries and Reciprocal officers that Reciprocal of America was financially sound. Later, Baptist Health System learned that it had been provided false information. Through pretrial discovery, Plaintiffs were able to prove that the Defendants had conspired to conceal information and to create the appearance of financial stability at Reciprocal of America.

Anonymous Plaintiffs v. Anonymous Defendants

Settlement of $2,350,000 (Tallapoosa County). This case involved two wrongful death claims for the deaths of a mother and her 9 year-old daughter, as well as personal injury claims for her 13 year-old son. The family’s vehicle was struck by a vehicle while stopped in the median waiting for oncoming traffic to clear to cross a highway. The defendant driver admitted to falling asleep at the wheel; however, the Plaintiffs discovered documentation of medical conditions and past episodes where the driver had suffered seizures.

Ruby Bowman v. Collier Oil Company

Settlement of $2,000,000 (Pike County). Ms. Ruby Bowman suffered severe burns and other injuries after a heater in her home exploded. Defendant Collier Oil Company had delivered propane to her residence and failed to properly test or inspect the gas delivery system prior to introducing gas into the system. As a result, gas vapors were released into Ms. Bowman’s home causing the explosion.

Estate of Jimmy Yates v. Blevins, Inc., d/b/a Blevins Mobile Home Supply, and Willie Lawson, Jr.

Settlement of $2,000,000 (Mobile County). Mr. Jimmy Yates was killed in the parking lot of Blevins Mobile Home Supply when a warehouse worker operating a tractor trailer without a Commercial Driver License (CDL) attempted to maneuver a trailer through the parking lot and struck a parked pickup truck, pushing it into a parked trailer and pinning Mr. Yates in between the two. The defendant company contended that a CDL was not necessary when its employees moved trucks and/or trailers on its own property. However, Plaintiffs contended that the Federal Motor Carrier Safety Regulations did not support such a contention and Defendant was shown to have a substandard safety program relating to its trucking operations; its safety director had been promoted from the personnel department without adequate trucking training. In addition, the Defendants were shown to have an inadequate traffic system for trucks at its Mobile facility.

BTT v. an Anonymous Georgia Insurance Agency, et al.

Settlement of $1,675,000 (Georgia). Two insurance agencies sold a bogus excess liability policy for a large sum to BTT, a trucking company. After one of its trucks was involved in a wreck that horribly injured a child, BTT discovered that its excess liability insurance carrier did not exist and that the policy provided no coverage for its truck driver. BTT brought suit and was prepared to prove that the insurance agencies were negligent in their investigation of the shell corporation offering the policy, and negligent in offering to BTT the essentially non-existent insurance policy.

Martha Hauer v. Commodore Medical Services, Inc., et al.

Settlement of $550,000 (Circuit Court of Randolph County). Martha Hauer, the pastor of the First Methodist Church of Wadley, was injured when a medical waste disposal truck, owned and operated by Commodore, ran a stop sign and collided with her vehicle. Mrs. Hauer suffered lacerations on her head and face, a broken arm, broken ribs and a broken knee cap. During discovery, it was determined that the driver of the Commodore vehicle was suffering from clinical depression, was medicated at the time of the collision and testified that she had no recollection of running the stop sign.

Anonymous v. Car Manufacturer

Settlement of $1,000,000 (Calhoun County). This case involved a wrongful death caused by a product. The driver of the vehicle was partially ejected in a rollover due to a defective door latch design which caused the door to open when the roof of the vehicle hit the ground. The driver died from being partially ejected.

Anonymous v. Alabama Department of Mental Health and Mental Retardation, et al.

Settlement of $450,000 (Tuscaloosa County). A mentally retarded resident of the Partlow Developmental Center in Tuscaloosa, Alabama was raped by another resident, who had a history of sexually assaulting other residents. As a result of this history, an employee was required to constantly maintain one-on-one supervision of him. This was to include keeping eye contact at all times with him and also staying within arms length of him. As a direct result of a mental health worker failing to provide proper supervision and accountability of this other resident, the anonymous resident was allowed to be sexually assaulted.

Estate of Tullis Gore v. Dubose Trucking, et al.

Settlement of $425,000 (United States District Court, Middle District of Alabama). Mr. Tullis Gore was killed in a predawn motor vehicle accident when he struck a tractor trailer that had been backed out of a driveway and parked on a rural highway, blocking both lanes of traffic. The Defendant argued that Mr. Gore was himself at fault because he had a line of sight of nearly one quarter mile. Mr. Gore’s view of the tractor trailer was obscured by heavy morning fog, the trailer’s angle, and the fact that the trailer had no running lights turned on.

Anonymous v. Alabama Department of Mental Health and Mental Retardation, et al.

Settlement of $400,000 (Tuscaloosa County). A mentally retarded resident of the Partlow Developmental Center in Tuscaloosa, Alabama was raped by another resident. A mental health worker was disciplined for neglect as a result of this incident for failing to provide appropriate care and supervision.

Walter Davis, Administrator of the Estate of Norris Davis, deceased v. Alabama Department of Mental Health and Mental Retardation, et al.

Settlement of $400,000 (Tuscaloosa County). Norris Davis was a patient at Bryce Hospital in Tuscaloosa, Alabama. He was attacked by another resident who should not have been on Mr. Davis’ unit. The attack caused head injuries that put Mr. Davis into a coma. He never regained consciousness and eventually died. Prior to the attack, hospital workers saw Mr. Davis’ attacker acting uncharacteristically aggressive and agitated. Despite this, the workers did not report the behavior of the other patient and Mr. Davis died as a result.


2006 Case Summaries