David & Patricia Stewart, et al. v. Colonel McCrary Trucking, et al.

Settlement of $5,000,000 (Mobile County Circuit Court). Driver of truck for Colonel McCrary Trucking, Joe Johnson, ran a redlight and hit vehicle driven by plaintiffs rendering one passenger, a three year old, a quadriplegic and resulting in severe brain damage to her mother causing retrograde amnesia such that she cannot remember her life before the accident. Joe Johnson was working on a debris removal project in New Orleans at the time of the accident and was on his way back to the job site from attending a court appearance in Bay Minette on a cocaine charge. Joe Johnson was given the company truck to drive and given money by his supervisor to pay his court fine. Joe Johnson tested positive for cocaine immediately after the accident and had not had a valid driver’s license since 2004. The case is still pending in Mobile County against several other defendants with whom Colonel McCrary Trucking had a debris removal contract, several of which were primary contractors with the US Army Corps of Engineers. The remaining defendants had a duty under their contract with the Corps of Engineers to check the driver’s license of Joe Johnson as he was driving and operating vehicles and equipment on the debris removal project without a valid driver’s license and even though the primary contractor can delegate the task of checking driver’s license to their sub-contractors they cannot delegate the responsibility.

State of Alabama v. Charter Communications, Inc., et al.

Settlement of $5,000,000 (Tallapoosa County Circuit Court). Acting on behalf of the District Attorney of Tallapoosa County, this action was brought pursuant to the Alabama Deceptive Trade Practices Act against Charter Communications, Inc. and certain subcontractors on a statewide basis for knowingly engaging in acts or practices declared unlawful under the ADTPA, including, among other things, routinely “overselling” products to Alabama customers even though the Company’s infrastructure was unable to deliver marketed services; failing to adequately test new products prior to roll-out, especially telephone services which Charter itself recognized as being offered prematurely; and routinely charging customers for a “wire protection plan” while providing wire services at no charge to non-wire maintenance customers. The State of Alabama sought and received injunctive relief and monetary penalties against the defendants.

John Doe v. Autauga-Elmore Mental Retardation, et al.

Judgment of $5,000,000 (Autauga County Circuit Court). A mentally retarded man was sexually abused by his caregiver, Phillip Hamilton. Hamilton pled guilty to sexual abuse charges and was sentenced to five years in prison. Hamilton was employed by Autauga-Elmore Mental Retardation. Autauga-ElmoreMental Retardation paid an undisclosed amount to settle the claims made against it. The judgment entered against Hamilton included $1,000,000 in compensatory damages and $4,000,000 in punitive damages. The circuit clerk told the press that the award could be the highest ever in Autauga County. He said “if it’s not the highest, it has to rank among the highest. It’s certainly the highest I’ve seen...and I don’t recall ever hearing about a judgment that large before I came into office.”

Jane Doe v. Jefferson County Board of Education, et al.

Judgment of $3,000,000 (United States District Court for the Northern District of Birmingham). During 2004 and 2005, teacher Charles Andrews engaged in an inappropriate relationship with 8th grade female student Jane Doe. Andrews inappropriately touched, kissed, fondled and rubbed Jane Doe on school premises. He also sent her sexually explicit e-mails and notes. As a result of his conduct, Andrews was charged with first degree sexual abuse and eventually pled guilty to second degree sexual abuse. He was sentenced to a twelve month suspended sentence and twenty-four months unsupervised probation. He also was required to relinquish his teaching Andrews. A Federal judge subsequently entered a three million dollar judgment against Andrews. The judgment consisted of $500,000 in compensatory damages and $2,500,000 in punitive damages.

Joe Lett v. Anonymous Defendants

Settlement of $1,750,000 (Jefferson County Circuit Court). The victim in this case was an elderly retired gentleman that was walking down the sidewalk on his way to an appointment at the Veteran’s Administration Hospital in downtown Birmingham. He was struck by a station wagon that backed out of a loading dock at the rear of the hospital and suffered catastrophic injuries. The driver of the delivery vehicle testified that he did not even look in the direction from which the victim was walking prior to backing out of the loading dock. The vehicle was driven by a sub contractor of a company that delivers radioactive materials. The corporate defendant denied that there was any liability insurance coverage except for the $20,000 afforded by the individual driver’s liability policy. Through discovery and the application of relevant federal statutes, it was determined that the company was responsible for the actions of it’s contractor because he was involved in the movement and delivery of hazardous, radioactive materials.

Dorothy Ann McVey, as the Personal Representative of the Estate of Charles McVey, and Lisa Waldrop, as Mother and next best friend of Chelsey Waldrop v. Morgan Trucking, L.L.C., John Penzanick and Anonymous Defendants

Settlement of $1,208,333.33 (Clay County Circuit Court). Charles McVey and his granddaughter, Chelsey Waldrop, were making a left hand turn onto a dirt road when they were struck from behind by a Morgan Trucking, L.L.C. tractor trailer. Mr. McVey was killed and Chelsey suffered serious injuries in the collision. The defendant truck was hauling a trailer owned by an Anonymous defendant. The truck driver testified that he did not see a turn signal fromMr. McVey’s pickup, but a witness was located that testified that Mr. McVey clearly had his turn signal on and was in the process of turning when struck from behind. State Troopers did not make photographs at the scene, but photos that were taken by a newspaper reporter were discovered and became crucial evidence. It was also discovered that the defendant truck driver had previously been fired from his last truck driving job for failing a drug test.

Eula Mae Robinett, as Personal Representative of the Estate of Howard Robinett, Deceased, v. Vulcan Materials Company, Michael David Chapman Trucking d/b/a MC Haulers and Michael Dale Chapman

Settlement of $1,150,000 (Calhoun County Circuit Court). Mr. Howard Robinett was killed when a large rock-hauling truck operated byMichael Dale Chapman inexplicably turned left and intoMr. Robinett’s small pickup truck while traveling on Highway 144 in Calhoun County. The driver had a clear view of Mr. Robinett’s truck and could not explain why he failed to see Mr. Robinett. The driver worked for MC Haulers which company was owned by Michael David Chapman. Approximately 90% of MC Haulers’ work as a trucking/hauling company was performed for Vulcan Materials Company. Vulcan had the right to refuse drivers and had the right to direct the drivers when and how to off-load its hauled materials. The Plaintiff was able to show that Vulcan exercised sufficient control over MC Haulers such that Vulcan was responsible for the actions of MC Haulers and its employees even though Vulcan’s contracts identified MC Haulers as an independent contractor.

Tawanna Brown v. Police Office

Settlement of $1,018,000.00 (Jefferson County). Tawanna Brown, a nineteen year old freshman in college, was walking across the intersection of 14th Street and University Boulevard in downtown Birmingham when she was hit from behind by a police officer who was speeding through the intersection at a high rate of speed without his emergency lights and siren activated. She suffered a closed head injury, liver laceration, pulmonary laceration, severe right pulmonary contusion, and multiple fractures involving both lower limbs, pelvis, and three ribs. The case was legally significant due to the defenses of sovereign immunity.

Sara C. Nolen, as Personal Representative of the Estate of John Frank Nolen v. Partnership Transportation Service, Inc. and Richard Edwardo Pyles

Settlement of $990,000 (Etowah County Circuit Court). Mr. John Frank Nolen, a retired pharmacist, was on the way to perform fill-in work at a small family owned pharmacy when Partnership Transportation Service tractor trailer driven by Richard E. Pyles ran a red light and killed Mr. Nolen. During discovery it was determined that since Pyles had been employed with Partnership Transportation Service, he had been written up more than a dozen times, which, according to Partnership’s own policy manual, should have led to his termination. The owner of the company testified that if he would have known about Pyles history of violations that he would have personally fired him. It was also determined that for a period of time prior to the crash, Pyles was driving a tractor trailer for Partnership with a revoked commercial driver’s license.

Brenda Fagan, as Personal Representative of the Estate of Floyd Fagan, Deceased, v. Alabama Carriers and Bobby Ray Haynes

Settlement of $650,000 (Lawrence County Circuit Court). Mr. Fagan was traveling alone the morning of the accident in his pick-up truck to a local Church of Christ in order to perform volunteer work at the homes of recent tornado victims in Lawrence County. Mr. Fagan stopped at a BP gas station at the corner of Alabama Highway 24 and Lawrence County Road 434 to get fuel for his chain saw and then pulled up to the intersection stopping for a red light. According to all witnesses, a tractor-trailer driver by the name of Bobby Ray Haynes, an employee of Alabama Carriers, ran the red light causing the accident in which Mr. Fagan was killed. By seeking witnesses from a nearby Jack’s Restaurant, plaintiff was able to establish a time-line indicating that the Alabama Carriers’ truck probably ran the red light.

Anonymous Plaintiff v. Anonymous Defendant

Settlement of $600,000 (DeKalb County Circuit Court). Anonymous Plaintiff’s wife was struck and killed by an unloaded log trailer that was on the wrong side of the road. During discovery, it was determined that the log trailer crossed the center line of the highway, in a curve, approximately 300 feet from the point where the plaintiff’s vehicle was struck. It was also discovered that the driver of the truck had been cited over 20 times previously for violations related to his operation of this commercial vehicle and had been involved in 3 other traffic accidents. It was discovered that at the time of the collision, according to the Code of Federal Regulations, the tractor trailer had two out of service violations and should not have been on the highway. The Defendant argued that the crash was the Plaintiff’s fault because she could have seen that the long trailer was on the wrong side of the road and she failed to make an evasive maneuver.

Arthur Green v. Sewer Contractors Jefferson Court

Arthur Green, as the District Attorney of Jefferson County, Bessemer Division, brought a unique civil action under a one-hundred year old statute against various contractors who were found liable for bribing Jefferson County officials for work on the sewer system. This civil case was brought to prohibit the defendants from conducting any future business in Jefferson County.


2007 Case Summaries