Anonymous v. Anonymous

Settlement of $1,120,000.00 (Chambers County Circuit Court, 2009). The case stemmed from a fatal traffic collision which occurred in Chambers County, Alabama. The driver of a vehicle owned by an automotive dealership apparently fell asleep at the wheel while traveling along I-85. The vehicle crossed the median and collided head-on into the plaintiff’s vehicle.

Anonymous v. Landscaping Company, et al.

Settlement of $750,000.00 (United States District Court for the Middle District of Alabama, Eastern Division, 2009). The plaintiffs’ vehicle was attempting to make a turn when the defendants’ vehicle failed to stop at a red light and collided with their vehicle resulting in the death of one plaintiff and the serious personal injury of the other.

Anonymous Plaintiffs v. Anonymous Defendants

Settlement of $2,350,000 (Tallapoosa County Circuit Court, 2007). 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 another automobile 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.

Estate of Charles Alvin Milstead v. Anonymous defendant

Settlement of $3,060,000 (Randolph County Circuit Court, 2006) 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 Circuit Court, 2006). 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.

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, 2005). 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. Coopers 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.

Stephens v. Confidential Defendant

Settlement of $650,000 (Lee County, 1998). This case was a wrongful death dram shop case. The deceased was an Auburn University student killed when she was a passenger on a motorcycle operated by a minor who purchased beer from defendant’s store.

Wheeler v. Lemond Construction Co.

Verdict of $3,500,000 (Chambers County, 1996). Christopher Wheeler was a young boy riding in a car driven by a friend of his. The friend was not old enough to drive. A high speed police chase ensued, during which the car drove over a bump in the road caused by ongoing construction by Lemond Construction Company. The company had failed to post any warning signs about the construction. As a result of this accident, Christopher was killed. At trial, the jury gave a verdict in the amount of $3,500,000 for Christopher’s estate. The verdict was affirmed by the Alabama Supreme Court in March, 1996.

Brenda Powers v. Noland Co. and Charlotte Pipe Co.

Settlement of $2,050,000 (Mobile County, 1996). Mr. Powers was a truck driver for a firm in Mobile. He was sent to Noland Construction Company to make a delivery of pipes in Decatur, Alabama - and was crushed and killed by the pipes in the course of their being unloaded.

Kathy Hornsby v. Waste-Away

Settlement of $1,700,000 (Chambers County, 1996). Kathy Hornsby's husband was a worker for Waste-Away Construction. He was ordered to drive a vehicle up a steep hill, although the supervisor knew that the brakes on the vehicle were not working at the time. The vehicle crashed because of this failure and Mr. Hornsby was killed.

Rosa Bellamy v. Confidential Hospital

Settlement of $425,000 (Lee County, 1996). Wrongful death medical malpractice case against a county hospital for failure to properly monitor a patient in the pre-op room.

Kim Hall v. Alabama Power

Settlement of $625,000 (Walker County, 1994). A lawsuit for the wrongful death of Robert Joel Hall, which occurred when the boom of a crane contacted a power line while Mr. Hall stood on the ground beside it. This case was settled during trial.

Barnett/Stroud v. City of Camp Hill and Engineering Service Associates and Phillip Roth & Associates

Settlement of $750,000 (Tallapoosa County, 1993). Two workers were killed as a result of a cave-in at the site at which they were working.

Tankersley v. U.S. Lines

Settlement of $1,250,000 (U.S. District Court of Middle District of Alabama, 1991). Case was tried for three days and settled during the trial of wrongful death action under Georgia law. Deceased was walking to a Federal Express drop-box near Six Flags Over Georgia when he was struck by a tire that came loose from a tractor-trailer rig being operated on I-20. The trucking company was negligent for failing to inspect the trailer wheels before a trip, since the trailer had been in storage for two years at a nearby army base.

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