26 Dec McDaniel v. Birmingham Jefferson County Transit Authority and Driver
Jefferson County Circuit Court Verdict of $1,000,000.00
Mr. McDaniel was walking to his bank on a Friday afternoon to deposit his paycheck in downtown Birmingham. He was walking east on 5th Avenue and was crossing 17th Street under a green walk light when a Birmingham Transit Bus turned and ran over him. Ben’s legs were severely injured – one had to be amputated and the other required major surgery. The Transit Authority appealed the case on the issue of whether the governmental entity damages cap of $100,000 which applied to the Transit Authority would also apply to a verdict against the individual driver, sued in his individual capacity. The Alabama Supreme court affirmed the trial court which had ruled that the cap did not apply to the individual driver.