A jury verdict in the amount of $2.8 million dollars in a dram shop case against a local bar.
Settlement: $2 million dollars in a wrongful death dram shop case against a local retailer who sold alcohol to a minor who was subsequently fatally injured in a motor vehicle accident.
Thrash v. Credit Acceptance Corp, 821 So.2d 968 (Ala. 2001)
The Alabama Supreme Court reversed a grant of summary judgment in favor of a finance company in a case arising from the wrongful repossession of a vehicle involving the use of dishwashing liquid. The plaintiff slipped in dishwashing liquid used by the repossession agent and sustained a back injury. The Supreme Court reversed summary judgment in favor of the finance company on the basis that there was sufficient evidence of an agency relationship between the finance company and the repossession agent. The Thrash court also held that the finance company had a non-delegable duty to not breach the peace when repossessing the collateral. The Thrash opinion broadly holds that agency questions usually present an issue of fact.
Ex parte Kraatz, 775 So.2d 801 (Ala. 2000)
The trial court granted summary judgment in favor of a service station owner in a case where the plaintiff tripped over an unpainted speed bump in a dimly lit parking lot. The Alabama Court of Civil Appeals affirmed the judgment. The Alabama Supreme Court reversed the lower courts and held that the partial or poor light provided by the premises owner created a question of fact which allowed the case to go to the jury.
Ex parte Brislin, 719 So.2d 185 (Ala. 1998)
The plaintiff in this action brought a fraud claim against a business broker arising out of representations made by the broker when selling a retail clothing store to the plaintiffs. The trial court granted summary judgment in favor of the business broker and the Alabama Court of Civil Appeals affirmed. The Alabama Supreme Court reversed summary judgment and held that fact questions precluded summary judgment on the issues of intentional, reckless, and innocent fraud, deceit, negligence and fraudulent suppression. Subsequently, the Firm tried the case and received a verdict in favor of the plaintiff on the intentional fraud claims.
Callaway v. Whittenton, 892 So.2d 852 (Ala. 2004)
The Alabama Supreme Court reversed a grant of directed verdict in favor of a repossession agent on the issue of whether the repossession agent breached the peace when repossessing a vehicle.
McDaniel V. Helmerich & Payne, 61 So.3d 1091 (Ala.Civ.App. 2010)
The Alabama Court of Civil Appeals reversed a grant of summary judgment in favor of an employer in a worker compensation case.
Hornady Transportation, LLC v. Fluellen, 116 So.3d 236 (Ala.Civ.App. 2012)
Affirmed a trial court judgment awarding a widow worker compensation death benefits. The appellate court further held that admission by the plaintiff of an EMS report was not erroneous because it fell within the hearsay rule exception for a medical diagnosis.
McDaniel v. Helmerich & Payne, 112 So.3d 41 (Ala.Civ.App. 2012)
Successful appeal of an adverse trial court judgment in a worker compensation case. The appellate court reversed the trial court on the basis that the severely injured plaintiff was a “traveling” employee entitled to worker compensation benefits as a matter of law and not subject to the going and coming rule.