Case Results – 2011/2012

Case Results – 2011/2012

Anonymous v. Anonymous Mental Health Facility, et al.

Settlement of $900,000.00 (Circuit Court of Lamar County, Alabama). A 30-year-old man was a resident at a mental health facility in Lamar County, Alabama. On February 29, 2008 a fellow resident attacked Plaintiff and beat him so severely that he was left in a permanent semi-comatose state. Neither the Plaintiff nor the other resident were being supervised by employees at the time of the attack. Had they been supervised properly by employees, this incident would not have occurred.

Anonymous Plaintiff v. Anonymous Defendants

Settlement of $700,000 (Chambers County Circuit Court). Anonymous Plaintiff’s husband had oral surgery for the extraction of 21 teeth by the defendant dentist. Subsequently, over the next few days, the plaintiff’s husband developed a fever, swelling of his neck and tongue, and difficulty breathing. The dentist did not prescribe antibiotics. Three days after surgery, the plaintiff’s husband presented to the defendant hospital’s emergency room for treatment. His condition slowly deteriorated while in the emergency room and his breathing became more labored. After over 5 hours waiting in the emergency room, he was taken to the operating room for a tracheostomy. During the tracheostomy, he became unresponsive and ultimately died, six hours after walking into the defendant hospital. The Defendants denied liability and blamed the death on the deceased’s generally poor health including diabetes, prior heart problems and obesity. The Plaintiff was able to show that the dentist, emergency room doctor and hospital breached the applicable standard of care. The case settled on the eve of trial when the jury was about to be selected.

Holloway and Meadows v. Town of Woodland, Alabama

A Troup County, Georgia jury awarded the plaintiffs $3,990,000 at the conclusion of a four day trial. At trial, partners Larry Morris and Randy Haynes represented two senior citizens from Randolph County, Alabama who were injured in a one-vehicle van accident in LaGrange, GA during November 2009. On the way back from a Woodland Senior Center trip to Calloway Gardens, the vans driver missed a curve on Hwy 27 just outside of LaGrange, GA, causing the van to run off the road and down a steep embankment. As a result, Mrs. Holloway was rendered a quadriplegic. She eventually died as a result of her injuries. Mrs. Meadows injuries were less severe but she underwent surgery on her knee after suffering a right tibial fracture. The lawsuit was brought against the Town of Woodland and the driver, Billie Vernon Edmondson. The case was tried in November 2010. Although the Defendants argued that the Georgia Department of Transportation was responsible for the accident due to the dangerous curve in the roadway, the jury returned a verdict of $2,400,000 to the Estate of Jeanette Holloway for her injuries and suffering from the date of the accident until the date of her death one month before trial. The jury also awarded $1,250,000 in wrongful death damages to Jeanette Holloways surviving child. Connie Meadows was awarded $340,000. The case was originally filed by attorney Emily Nelson, who is a member of the Georgia State Bar. This case was tried pursuant to Georgia law.

Jane Doe v. Anonymous Foster Care Facility

This case settled for the policy limits of $500,000.00 (Circuit Court of Mobile County, Alabama). Jane Doe was a troubled teen who was placed in the care and custody of the Alabama Department of Youth Services by a juvenile court that ordered her to reside in a privately owned therapeutic group home for a period of time. In addition to providing for Jane Doe’s routine care and basic needs, this facility was to provide specialized counseling, education and protection to Jane Doe in order for her to move beyond her troubled past and into a brighter future. However, Plaintiff proved that several staff at this facility failed to follow basic policies and procedures of the group home which allowed Jane Doe to be coerced from her room and be taken by several male residents to another location where she was gang raped and sodomized by male residents and a staff member.

Jane Doe v. Anonymous School Board, et al.

(Circuit Court of Tallapoosa County, Alabama.) Largest Alabama settlement paid in a school sexual assault case. Plaintiff has requested that the settlement amount not be revealed. A 12-year-old girl was raped by another student who was eighteen at the time. In late October 2005, Jane Doe was dragged down to the boys’ locker room by her attacker at the end of her gym class. The teacher of the class left the class under the control and supervision of Jane Doe’s 18-year-old attacker even though this student was not a designated teacher’s aide, he had a history of sexually harassing female students in this same class and he was not supposed to be on campus during this class time. As a direct result of the teacher’s negligence and lack of supervision, Jane Doe was raped. Her attacker pled guilty to 1st degree rape and was sentenced to twelve years in the penitentiary. Defense counsel stated that this is the largest settlement ever paid to a plaintiff in a school sexual assault case in Alabama. Plaintiff’s counsel has confirmed this.
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Lira vs. Southeast Trucking Company:

This North Alabama case settled for $970,000. Eliseo Lira, husband and father of four, lived in Decatur, Alabama. In March, 2011, Mr. Lira was returning home in his Honda Civic from his construction job. While traveling north on Interstate 65, Mr. Lira came across of line of stopped traffic, which was due to a wreck that occurred near the Hartselle exit. The last car in the line of traffic, Mr. Lira came to a complete stop. The driver of an eighteen wheel truck from out-of-state slammed into the back of Mr. Lira’s car at top speed, killing Mr. Lira.

Calvin D. McClellan vs. Individual Driver of Car

Settlement of $1,775,000, West Alabama. Referred by Bill Harris and Isaac Whorton. Around 4:30 p.m. on day in May, 2008 at, Calvin was driving alone down a rural road when the Defendant ran through a stop sign and hit Calvin, causing his vehicle to swerve off the road and hit a tree. The collision caused Calvin to suffer severe physical injuries. In addition to the tortfeasor’s insurance, Calvin also had significant underinsured motorist coverage with various insurance companies that covered his injuries in the accident.

MICHAEL HOBSON, As Administrator of the Estate of Camenron Malik Knowles v. Tri-Wil, Inc., et al.

Settlement of $590,000.00 (Circuit Court of Bibb County, Alabama). A 13-year-old boy was a resident and student at Tri-Wil/Porta Cras School in Woodstock, Alabama. On April 25, 2009, two staff at the school took eleven children on an unauthorized trip to the Cahaba River. Plaintiff discovered evidence that this trip was in violation of school policy. At some point in time, the child either was allowed to enter the water or he slipped while walking along the shoals and fell into the water. A fellow student attempted to grab him, but he was trapped in the swift current and taken under causing him to drown. According to Tri-Wil’s policies, “direct supervision by a person certified in basic water safety and CPR was required at all times” during swimming activities. However, Plaintiff effectively proved that this policy was not followed and the boys were instead allowed to enter into a dangerous situation with little or no supervision whatsoever. In addition, there was also no evidence that any of the staff ever were certified in basic water safety until after the student’s death.

MICHAEL HOBSON, As Administrator of the Estate of Terry Lee Hubbard, Jr. Allen v. The Boyd School, Inc., et al.

Settlement of $590,000.00 (Circuit Court of Bibb County, Alabama). A 12-year-old boy was a resident and student at The Boyd School in Green Pond, Alabama. On November 7, 2007, he died as a direct result of the actions and inactions of the Defendants. He was somehow allowed to ingest enough Prozac that would, according to the medical examiner, “kill a camel.” Plaintiff discovered evidence that this was allowed to occur in part due to staff’s complete indifference to ensure that the students received and ingested the appropriate amounts of their medications. This was clearly shown by the sloppiness in filling out, or sometimes the complete failure to fill out, medication administration records and other records pertaining to the students’ medications. Additionally, the staff on duty at the time he collapsed inexplicably failed to immediately call 911 and instead waited for over thirty minutes to do so. The caregivers also failed to perform CPR for over thirty minutes after he passed out. The failure to call 911 and the failure to immediately provide CPR in a timely manner contributed to the student’s death and gave him no chance for survival.

Price V. Taurus International Manufacturing, Inc., et al.

Bernalillo County, New Mexico. This lawsuit involves the unintended discharge (drop fire) of a Taurus PT140 Millennium Pro .40. On the evening of November 24, 2009, Mrs. Price took her family dog for a walk around the neighborhood. At the time, she was wearing a “Smart Carry” concealment holster carrying the subject Taurus PT140 Millennium Pro underneath her fleece shirt. It was Mrs. Price’s routine practice to carry the subject handgun in this manner. After returning from the walk, Mrs. Price entered her bedroom closet to remove her shirt at which time the “Smart Carry” holster and the subject Taurus PT140 handgun fell to the closet floor and discharged upon impact. The bullet struck Mrs. Price in the lower abdomen, inflicting severe and permanent injuries. The “striker block” safety mechanism in the subject Taurus PT140, should have been engaged, which would have prevented the subject handgun from firing in the case of an accidental drop. The “striker block” safety is designed to be engaged at all times, up until the trigger is pulled, and its purpose is to prevent just such a “drop fire”. As a result of this incident, Mrs. Price has had to undergo lengthy and extensive surgical treatment, and has suffered from post­ surgical complications.