Verdicts and Settlements

$3,000,000 Verdict – Fraud/Breach of contract

A Bessemer jury last week handed down a $3 million verdict in favor of a Birmingham area man who had filed a lawsuit claiming fraud and breach of contract against a California company that was to manufacture his idea for a new light fixture, court records show.

The jury rendered a verdict in favor of Clarence “Buddy” W. Scroggins, and his company Complete Lighting Source, and against Victor Deng and his company DM Technology and Energy Inc., of California. The trial, held before Bessemer Cutoff Jefferson County Circuit Court Judge Eugene Verin, began March 25 and ended with a verdict on April 1.

Bessemer jury awards $3 million verdict to man who claimed California company took his light fixture idea

$103,776.00 Verdict – Spitzer Vs. Thompson

The jury returned the following verdict: We the jury find in favor of the plaintiff, Barry Jacob Spitzer, and against the defendant, Judy Thompson Arnold, and assess damages as follows: One hundred three thousand seven hundred seven six dollars and zero cents. ($103,776.00). /s/ Tonja Gladness, Foreperson.

Pursuant to the jury’s verdict Final Judgment is hereby entered in favor of the plaintiff, Barry Jacob Spitzer, and against the defendant, Judy Thompson Arnold, in the amount of $103,776.00. Costs are taxed to the defendant.

Spitzer Vs. Thompson

$190,000 Verdict – Compensatory Damages

The client, the claimant in arbitration, placed for investment a substantial sum of money to with Morgan Stanley through a financial advisor, Ryan Hamm. Hamm was acting as the client’s financial advisor.  The client gave Hamm a specific order to convert the account to treasuries if it ever declined in value below a specific dollar amount. After the markets began to decline, the financial advisor did not sell as instructed. Despite repeated requests to sell, Hamm failed and refused to follow that order. As a result, the client lost several hundred thousand dollars which was the basis for the compensatory damage award in the FINRA arbitration. The panel also found Morgan Stanley jointly liable for its failure to supervise Hamm, the financial advisor. A panel of FINRA arbitrators awarded the client $190,000 in compensatory damages.

Click here to view a PDF of the award.

$350,000 Verdict – Sexual Harassment/Invasion of Privacy

Holt v. Gist, United States District Court for the Northern District of Alabama, Northern Division. Jason Yearout represented a woman whose employer threatened to terminate her unless she engaged in a sexual relationship with him. While she did this for a period of time, she finally quit due to his continued threats of termination. She was awarded damages for pain and suffering and loss of income.

$24,000,000 Verdict – Truck Wreck

Nash v. Mercer, CV 00-0640, Circuit Court of Jefferson County, Alabama: William P. Traylor, III represented the parents of a teenager who was killed in a collision involving a tractor trailer truck and a van. The collision occurred in Tennessee. The van was stopped at a construction site and was rear-ended when the driver of the tractor trailer truck failed to notice that traffic had stopped in front of him. The case was tried in Jefferson County under Tennessee law. The jury awarded compensatory and punitive damages against the trucking company and the broker that supplied the driver to the company.

$8,000,000 Verdict – Premises Liability
Lightsey v. Parker Building Services , CV-02-0704, Circuit Court of Jefferson County, Alabama: J. Gusty Yearout, William P. Traylor, III., and Jason L. Yearout represented the mother of a severely injured child in this premises liability case. After entering into a confidential settlement with the landowner and the tenant, the case was tried to a jury which returned a verdict of $8 million against the construction company. The child was waiting on his sister to finish a softball lesson when he fell 12 feet through a drop roof ceiling, striking his head on a bathroom sink. As a result of the fall, the child was severely injured. We were able to prove at trial that the construction company who worked on the building failed to obtain a permit and that that a guardrail on a platform at the facility failed to meet the requirements of the Standard Building Code. And if had the company obtained a permit, then the guardrail would have been brought up to code and the child’s injuries prevented. To read the Birmingham News article on this verdict, please click on the following link:

$50,000,000 Verdict – Toxic Pollution – Environmental Law
Sullivan v. Russell, Circuit Court of Jefferson County, Alabama:This case involved litigation before a jury which resulted in a 50 million dollar verdict for the plaintiffs. The suit was filed against against Russell and Avondale Mills for polluting Lake Martin with AZO dyes and other material. The pollution contaminated lake martin, the fish, and the Plaintiffs’ property. At times, the Plaintiffs could put a whit cloth in the water and it would come out dyed.

$65,000,000 Settlement – Securities Litigation
Griffin v. MedPartners: Securities litigation involving securities fraud.

$7,500,000 Verdict – Fraud, Misrepresentation, and Breach of Contract
Harrison v. Thornton: Suit against land developers for fraud, misrepresentation, and breach of contract.

$1,400,000 Verdict – Wrongful Termination
Krontiras v. Ebsco: J. Gusty Yearout tried this case before a jury and obtained the 1.4 million dollar verdict. The suit was against the Plaintiff’s employer for wrongful termination and fraud. The employer fraudulently induced its long time and loyal employee into signing a non-compete agreement. Shortly thereafter, his employer terminated him. After the termination, the employer attempted to prevent future employment with the non-compete agreement. Gusty was able to prove at trial that the employer had a fraud

$2,200,000 Verdict – Wrongful Termination
Eskridge v. AllState: The Plaintiff claimed that AllState wrongfully terminated him. Plaintiff became ill and took a leave of absence due to that illness. He was told that as soon as he recovered, his job would still be there, but when he sought a return to work, he was told that his job was no longer available. The suit alleged that AllState lied to the Plaintif and caused him significant damages.

$6,000,000 Settlement – Environmental Law
Payton v. Monsanto: This case alleged that the Defendant polluted Lay Lake. The Plaintiffs had previously recovered a settlement from Kimberly Clarke for polluting lay lake. This suit claimed that Monsanto contributed to the pollution.

$1,000,000 Judgment – Wrongful Death
Watkins v. Turquitt, CV-03-2734, Circuit Court of Jefferson County, Alabama: Jason L. Yearout obtained a judgment of $1 million in a wrongful death case that resulted from a conspiracy to purchase insurance on the Plaintiff’s decedent, cause the insured’s death, and then collect the proceeds of the policy.

$800,000 Verdict – Products Liability
Morris and Gurley v. A.L. Lee Corp., CV-01-1106, Circuit Court of Tuscaloosa County, Alabama: J. Gusty Yearout and Jason L. Yearout represented two mine workers, one union and one management, who were injured at Jim Walter Resources, Mine Number 7, in this products liability case. The two men, both qualified electricians, were performing maintenance on various circuit breakers. After completing the work on one such breaker, the two men were testing the breaker. In order to test the breaker, the men attempted to plug an air compressor into the breaker. That attempt caused an arc flash that severely burned both workers. The defect was in the air compressors electrical control panel that contained a defective start/stop switch. The switch allowed the machine to pull electricity from the breaker when being plugged into a breaker, which caused the arc flash and subsequent burns. The men were able to prove at trial that the control panel was defective and that had the panel been equipped with appropriate start/stop switches, then the men would not have been injured. The men were also able to prove that the panel was substantially the same as when manufactured.

$640,000 Verdict – Truck Wreck
Trimble v. Woerner, CV 95-3261,Circuit Court of Jefferson County, Alabama: William P. Traylor, III. Represented a husband and wife who were traveling North on I-65 near downtown Birmingham: A ladder had fallen off of a vehicle and was located in the middle of the interstate. The Plaintiffs observed the ladder, slowed to avoid it and were struck from the rear by a tractor trailer truck owned by Woerner. The Plaintiff suffered a broken hip for which she underwent surgery. After a failed mediation the jury awarded $600,000.00 to the wife who was riding in a van as the passenger, and $40,000.00 for loss of consortium to the husband. State Farm was also a defendant as the UM carrier on the phantom vehicle claim.

$2,000,000 – Truck Wreck / Wrongful Death
Phillip v. Hill, CV 98-1287, Circuit Court of Jefferson County, Alabama: William P. Traylor, III represented the family of a teenager who was traveling as a passenger in a vehicle at the time of the collision. The vehicle was traveling South on I-65 on its way to Birmingham from Tennessee for a soccer tournament. A pick up truck traveling North on I-65 crossed the median and made contact with the vehicle that the teenager was riding in as a passenger. The teenager died as the result of her injuries. After a confidential settlement with the underinsured motorist carrier for the owner of the vehicle, the case proceeded to trial against the driver of the pick up truck. The jury returned a verdict in favor of the Plaintiff in the sum of $2,000,000.00.

$3,500,000 Verdict – Insurance Fraud
Jones v. National States Ins. Co.: This case was tried before a jury by J. Gusty Yearout which resulted in the substantial verdict. Thus was the first multi-million dollar fraud verdict against an insurance company in the state of Alabama. The case involved Medicare Supplement Policies sold to the elderly. The sale and payment on these policies was fraudulent. Several other cases involving the same of similar issues were settled on a confidential basis.

$1,300,000 Arbitration Award – Fraud and Misrepresentaion
Kent Corporation v. Unisis: This case was tried before an arbitration tribunal by J. Gusty Yearout. The case involved fraud and misrepresentation in the sale of computer software and hardware.

$1,500,000 Verdict – Nursing Home Litigation
Jackson v. Pleasant Grove Nursing Home: This case involved the failure by the nursing home to meet the appropriate standard of care and its breach of that standard when it failed to properly monitor a nursing home patient. The patient wandered away from nursing home and was never found.

$1,500,000 Verdict – Medical Malpractice / Wrongful Death
Terry King v. various doctors and hospital: The Plaintiff sued various doctors and hospitals alleging that they failed to properly diagnose the Plaintiff’s decedent. The deceased was involved in a motor vehicle accident. In that accident the deceased sustained a broken neck. The doctors failed to diagnose that condition. The failure to diagnose the condition resulted in the death of the patient.

Confidential Settlement – Products Liability / Wrongful Death
Whitesell v. Waupaca Elevator Co., Circuit Court of Cullman County, Alabama: This suit was against an elevator manufacturer for negligent design and construction of a home elevator. The defective design caused the daughter of the Plaintiff to become trapped in between floors tragically causing her death.

$2,000,000 Settlement – Assault, Battery, and Rape
Sheila Davis v. NWA, Circuit Court of Jefferson County, Alabama: This case involved the nationally known rap group NWA. After a concert in Alabama, the group was having a party. The suit alleged that the group raped a fan at the party resulting in the settlement of $2,000,000.

Confidential Settlement – Medical Malpractice
Homer Howard v. St. Vincent’s, Circuit Court of Jefferson County, Alabama: The Plaintiff’s wife was hospitalized while pregnant. The hospital breached the applicable standard of care. The breaches of the standard of care and inattention resulted in Mrs. Howard’s death.

Confidential Settlement – Negligence and Wantonness
Russell v. Norfolk Southern: The Plaintiff alleged that the Defendant failed to properly sound its horn and whistle and failed to keep a proper lookout as it approached a railroad crossing. Due to that failure, Plaintiff was seriously injured when hit by the train while crossing the railroad track.

Confidential Settlement – Negligence and Wantonness
Alfreda Russell v. CSX Railroad, Circuit Court of Shelby County, Alabama: The Plaintiff and her four children were crossing at a dangerous railroad crossing in Shelby County, Alabama. Due to the crossing being unreasonably dangerous, her car was hit by a train which did not properly sound its horn or whistle and failed to properly guard the crossing. The crossing was known by the railroad to be dangerous. Numerous prior accidents had occurred at the same location.

Confidential Settlement – Negligence and Breach of Contract
Modi v. Engineers & Architects, Circuit Court of Cullman County, Alabama: The Defendant breached its contract with the Plaintiff when it negligently constructed a hotel off of Interstate 65 in Cullman, Alabama. The Defendant negligent preparation, improper foundation, and negligent construction caused significant damages to the Plaintiff, including the cost of repair, lost income, and loss of business.

Confidential Settlement – Fraud and Breach of Contract
Common Sense Industries v. Winner International, Circuit Court of St. Clair County, Alabama: The Plaintiff allowed the Defendant to sell and market a product designed and developed by the Plaintiff. The Defendant defrauded the Plaintiff and breached its contract with the Plaintiff when it failed and refused to pay the Plaintiff the royalties from the sale that were due and owing to the Plaintiff.

Confidential Settlement – Negligence
Barnett v. Sears: Sears workman was performing carpet work for the Plaintiff. The Sears repairman negligently left exposed nails in the floor after doing the work. As a result of that negligence, the Plaintiff, a diabetic, was injured by the nails. Because she was a diabetic, she was more susceptible to dangerous infection. Her leg became infected and unfortunately became so degraded by the infection that it had to be amputated.

$1,000,000 Verdict – Fraud and Wrongful Foreclosure
Spivey v. First Commercial Bank: Initially, the Plaintiffs were sued by the Defendant First Commercial Bank. The Plaintiffs counterclaimed against First Commercial for breach of contract, fraud and the wrongful foreclosure of their home. After a trial on the merits, the jury awarded the Plaintiffs 1 million dollars in damages and denied First Commercial Bank’s claim.

$2,200,000 Verdict – Wrongful Death – Negligence and Wantonness
Ada Peters v. Rast Construction Co: The Defendant failed to provide a safe workplace for its employees. The Plaintiff’s decedent was an employee of the Defendant and was killed when a ditch he was working in caved in. The Plaintiff sued the Defendant for negligence and wantonness in failing to provide a safe workplace.

$65,000 Verdict – Motor Vehicle Accident
Gunn v. Allen, CV-02-4518, Circuit Court of Jefferson County, Alabama: This car wreck involved a rear-end collision between the car driven by Allen and the car driven by Gunn. Gunn sustained a torn rotator cuff in the accident which required surgery. The impact was relatively minor as was the damage to the cars, but Gunn was able to prove at trial that the torn rotator cuff was caused by the accident through the doctors’ expert testimony as well as the testimony by an engineering expert. The case was tried before a jury, which returned a verdict for the Plaintiff in the amount of $65,000.00. To see a copy of that judgment, please click on the following link:

Confidential Settlement – Fair Credit Reporting Act (FCRA)
Blaylock v. Washington Mutual Bank, FA, CV-04-S-2943-NE, United States District Court Northern District of Alabama, Southern Division: This case involved the erroneous reporting of home loan to the three major credit reporting agencies. The Plaintiffs had refinanced their loan (originally with Washington Mutual). After the refinance, Washington Mutual began collection efforts against the Plaintiffs despite the loan having been paid in full by the new mortgage company. Over the coarse of many months, the Plaintiffs explained that the loan had been paid in full and that the reporting and collection efforts were in error. Despite these efforts, collection activity continued, including derogatory credit reporting to the major repositories. Even after the Plaintiffs retained counsel, the collection efforts continued. The Blaylocks’ credit was damaged as a result of the reporting. The Plaintiffs were denied credit because of those erroneous reports. After litigation was initiated, and through extended discovery, Washington Mutual corrected the erroneous derogatory reporting. This case was resolved through confidential settlement at mediation.

Confidential Settlement – Fair Credit Reporting Act (FCRA)
Crumpton v. Washington Mutual Bank, FA, 2:04-cv-2974-WMA, United States District Court Northern District of Alabama, Southern Division: Plaintiffs sued Washington Mutual for violation of the FCRA and Fair Debt Collection Practices Act. Washington Mutual erroneously reported the Plaintiffs late on various home loans to the major credit reporting agencies. Even though the Plaintiffs were never late and the requests that the erroneous reporting be deleted were well received by Washington Mutual, the derogatory reports remained on the Plaintiffs’ credit. The Plaintiffs’ credit was damaged by the erroneous reporting. The Plaintiffs relied upon their credit in their business ventures. The Plaintiffs were denied credit because of those erroneous reports. This case was resolved through confidential settlement.

Confidential Settlement – Fair Credit Reporting Act (FCRA)
Gamble v. Washington Mutual Bank, FA, CV-03-J-2699-S, United States District Court Northern District of Alabama, Southern Division: Plaintiffs sued Washington Mutual for violation of the FCRA and Fair Debt Collection Practices Act. Washington mutual erroneously reported derogatory credit information on the Plaintiff to the three major credit repositories. The Plaintiff’s credit was damages as a result of that reporting and he was denied credit because of those erroneous reports. This case was resolved through confidential settlement.

Confidential Settlement – Motor Vehicle Accident
Corkren v. Swindell, CV-02-0217, Circuit Court of Marion County, Alabama: This was a car wreck where the defendant failed to keep a proper lookout. The driver, driving for Hanna, failed to see Corkren in front of him. His truck collided with the Corkren car. The blow was so significant that Corkren was ejected from the car and died as a result of the collision. This case was resolved at mediation through confidential settlement.

Confidential Settlement – Motor Vehicle Accident
Darracott v. Fields and Baymont, Inc., CV-01-174, Circuit Court of Marion County, Alabama: This motor vehicle accident was the result of the Defendant, Fields, as a driver for Baymont, failure to keep a proper lookout and turning his tractor trailer in front of Darracott’s car. The collision resulted in severe damage to Darracott that required extensive medical care. This case was resolved at mediation through confidential settlement.

Confidential Settlement – Premises Liability
Barnes v. Piggly Wiggly and Coca Cola Ent., CV-02-0347, Circuit Court of Talladega County, Alabama: This case involved the improper and negligent stacking of a coca-cola display by the Defendants. As the Plaintiff was attempting to pick-up one of the display items, The display fell over onto the Plaintiff causing a torn rotator cuff that required surgery to repair. The case was resolved through confidential settlement.

Confidential Settlement – Fair Credit Reporting Act (FCRA)
McCullers v. EquiCredit Corp. of America, United States District Court for the Northern District of Alabama, Southern Division, CV-02-B-1286-S. The Plaintiff sued EquiCredit for violations of the FCRA and FDCPA. The Defendant purchased a mortgage from the seller of a home purchased by McCullers. The note was purchased for a period of ten years and at the end of the term of ten years, the mortgage would revert back to the seller. McCullers made all payments timely and upon the expiration of the ten-year term, the note was transferred back to the seller as agreed. The Defendant’s believed that they still owned the note despite a letter stating that the loan was transferred back to the seller. Even though the Plaintiffs provided this letter to them, they continued collection efforts and reported the McCullers to the credit reporting agencies. This case was resolved through confidential settlement.

Confidential Settlement – Railroad Crossing
North v. CSX Transportation, Inc., CV-01-F-101-E, United States District Court for the Middle District of Alabama, Eastern Division: This case involved a crash at a railroad crossing where the CSX train crew failed to sound its audible warning as required by law and failed to keep a proper lookout. The failure to sound the audible warning resulted in a collision and ultimate death of North’s daughter. The use of expert opinion to interpret the train log was integral to the resolution of the case because the interpretation established the failure to sound the audible warning. This case was resolved at mediation through confidential settlement.

Confidential Settlement – Federal Employers’ Liability Act (FELA)
Woods v. The Burlington Northern and Santa Fe Railway, CV-01-4688, Circuit Court of Jefferson County, Alabama: This was a FELA case that involved an employee’s exposure to silica dust. Woods worked for the railroad for many years at various positions. While employed, he was continually exposed to silica (sand), which is used for traction in moving the trains. This exposure to silica resulted in Woods developing silicosis, a respiratory disease caused by inhalation of silica dust, which leads to inflammation and scarring of the lung tissue. that restricts the lungs ability to absorb oxygen. The Defendant failed to take appropriate measures to ensure the safety of their employee. This case was resolved through confidential settlement.

Confidential Settlement – Wrongful Foreclosure
Vann v. Chase Manhattan Mortgage Corp., CV-02-2898, Circuit Court of Jefferson County, Alabama: This case involved the wrongful foreclosure and sale of the Plaintiff’s residence. The Plaintiff had timely made all payments to the mortgage company yet Chase foreclosed and sold the home despite the timely payments. Vann lost her home and her credit was damaged. This case was resolved through confidential settlement.

$250,000 – Personal Injury
Hicklen v. Ellis, CV 01-3290, United States District Court, Northern District of Alabama: J. Gusty Yearout and William P. Traylor, III represented the Plaintiff, Odell Hicklen. Mr. Hicklen was driving a tractor trailer truck East on I-20 near Pell City. A passenger vehicle driven by Ellis crossed the median and into the path of Hicklen’s truck. In an effort to avoid the accident Hicklen’s truck came into contact with another tractor trailer truck and passenger vehicle. Hicklen injured his knee and underwent surgery. The jury returned a verdict in favor of Hicklen and no appeal ensued.

$450,000 – Truck Wreck
Smith v. Bellew, CV 01-0463, Circuit Court of Morgan County, Alabama: William P. Traylor, III represented a husband and wife involved in an intersection collision with a pick up truck. After a failed mediation the case was tried in Morgan County. As the result of the intersection accident the wife suffered facial fractures which required multiple surgeries. She also suffered from vertigo and was unable to return to work. The jury returned a verdict in favor of the wife in the sum of $350,000.00 and in favor of the husband in a loss of consortium claim in the sum of $40,000.00.

$500,000 – Personal Injury / Uninsured Motorist
Franklin v. State Farm, CV 97-69, Circuit Court of Blount County, Alabama: William P. Traylor, III represented Willie Mae Franklin, who was the driver of a passenger vehicle. Two teenagers were operating a vehicle approaching the Plaintiff from the opposite direction. They crossed the centerline and hit the Plaintiff head-on causing her to suffer multiple injuries including a broken hip. After a failed mediation the case was tried in Blount County with Judge Austin presiding. The jury returned a verdict in favor of the Plaintiff in the sum of $500,000.00 against the uninsured motorist carrier, State Farm.

$25,000 – Fraud
Upton v. Kenworth, CV 00-5577, Circuit Court of Jefferson County, Alabama: William P. Traylor, III represented Upton Produce, the owner of a Kenworth Tractor Trailer Truck. Upton purchased the truck through the Kenworth dealer in Birmingham and claimed that it was damaged at the time it was delivered to him. Upton claimed that the dealer and manufacturer fraudulently misrepresented the condition of the truck. The jury returned a verdict for compensatory and punitive damages.

$97,000 – Uninsured Motorist
Young v. Mount Laural Insurance, CV 00-3903, Circuit Court of Jefferson County, Alabama: William P. Traylor, III, represented a twenty-one (21) year old student taking a pre-med class at U.A.B., in advance of entering medical school that Fall. The Plaintiff was crossing University Blvd at 15th Street on the way to her dorm. She was crossing the street at a place where a cross walk had been prior to the street being resurfaced. The Plaintiff was struck by the underinsured motorist. She suffered cuts and abrasions including a significant elbow laceration. The Plaintiff’s settled with the tortfeasor for policy limits. The jury knew there was a UIM case, but did not know the amounts of coverage. The jury rejected the defense argument on contributory negligence and entered a verdict for the Plaintiff totaling $97,000.00.

Confidential Settlement – Product Liability
Hollingsworth v. Mueller Corp., Circuit Court of Jefferson County, Alabama: J. Gusty Yearout and William P. Traylor, III represented the Plaintiff who was employed at Mueller Corp. Mueller manufactured fire hydrants. Plaintiff became injured when a crane malfunctioned and dumped molten metal in the vicinity of his work station. The Plaintiff was severely burned. The Plaintiff alleged that the crane malfunctioned. This case was resolved through confidential settlement.

Confidential Settlement -Wrongful Death / Truck Wreck
Blackwell v. Andress Trucking, CV 03-91, Circuit Court of Dallas County, Alabama: William P. Traylor, III represented the Plaintiff’s decedent who was an employee of Pioneer Electric. A tree had fallen across a rural highway and the decedent had been sent as part of the work crew to restore electricity in the area. The Plaintiff was in the process of helping to remove the tree from the highway when a log truck driven by Mr. Andress approached the work zone, lost control and turned over causing the Blackwell=s death. The Plaintiff alleged that Andress Trucking was negligent and wanton. The defendant was driving without a license and the log truck had bad brakes. The Plaintiff also sued the logging company.

Confidential Settlement – Personal Injury / Truck Wreck
Justice v. Dewey’s, CV 03-365, Circuit Court of Dallas County, Alabama: William P. Traylor, III represented the Guardian of the injured Plaintiff. The Plaintiff was a 19 year-old student traveling home on a rural highway one evening after dark in rainy weather. She approached a log truck from behind that was making a left hand turn into a driveway. The Plaintiff struck the log truck from the rear. After the first collision the Plaintiff’s vehicle was struck in the rear by an intoxicated driver operating a pick up truck. The Plaintiff sued the log truck, the intoxicated driver operating the pick up truck, the bar where the pick up truck driver had been consuming alcohol, and her underinsured motorist carrier. The Plaintiff suffered catastrophic injuries.

Confidential Settlement -Wrongful Death / Air Bag
Shores v. Ford Motor Company, CV 98-0103l, Circuit Court of Jefferson County, Alabama, Bessemer Division: J. Gusty Yearout and William P. Traylor, III represented the husband and Administrator of the Estate in a products liability claim against Ford Motor Company. The Plaintiff was driving a Crown Victoria that ran off the road and went into a shallow drainage ditch. The air bag deployed and Plaintiff’s decedent suffered injuries which led to her death. Plaintiff sued Ford Motor Company alleging that the air bag deployment should not have occurred in light of the speed of the impact.

Confidential Settlement – Medical Malpractice
Coe v. Dr. Elkus, CV 00-489, Circuit Court of Jefferson County, Alabama: William P. Traylor, III represented the Plaintiff in a medical negligence claim against Dr. Elkus. The Plaintiff alleged that he suffered an injury to his knee which was miss-diagnosed leading to improper treatment and permanent injury.

Confidential Settlement – Truck Accident / Personal Injury
Morgan v. Frito Lay, CV 00-1041: William P. Traylor represented the Plaintiff who was operating a tractor trailer truck in the course of his employment. The Defendant was also operating a tractor trailer truck. The defendant’s truck lost control, crossed the center line and made contact with the Plaintiff’s vehicle. The Plaintiff suffered personal injuries including a herniated disc in the lower back which required surgery.

Confidential Settlement – Wrongful Death
Barber v. Dr. Breckenridge, CV 96-2, Circuit Court of Seminole County, Alabama: J. Gusty Yearout and William P. Traylor represented the family of a child who was struck and killed while riding a bicycle on a public street in a school zone. The driver of the vehicle was in the process of passing in the school zone at the time of impact. The defendant left the scene and the child died from his injuries.

Confidential Settlement – Medical Malpractice / Wrongful Death
Howard v. St. Vincent’s, CV 00-6042: J. Gusty Yearout and William P. Traylor represented the family of an obstetrics patient who presented to the hospital complaining of labor pains. Testing was done and the patient was allowed to leave the facility. After returning to the facility the next day it was discovered that her unborn baby had died in utero. The patient then developed “HEELP Syndrome” and subsequently died from complications.

Confidential Settlement – Premises Liability / Wrongful Death
Bibb v. Pik Nik, CV 98-1345, Circuit Court of Montgomery County, Alabama: William P. Traylor represented the mother of a young lady who worked at Pik Nik Products in Montgomery on the assembly line. A convicted murderer on parole was placed at Pik Nik Products Company by a temporary agency and allowed to work with Pik Nik employees. Complaints were made about the convicted murderer’s behavior. The convicted criminal brought a gun to work and shot and killed the Plaintiff’s decedent. The Plaintiff sued the co-employee supervisors.

Confidential Settlement – Liquor Liability
Roy v. Applebee’s, et al., CV 01-7609, Circuit Court of Jefferson County, Alabama: William P. Traylor represented the mother of a seventeen year old Montgomery student who died in a one car accident. The student had traveled to Birmingham with a friend and illegally consumed alcohol at three different restaurants/ bars in the Birmingham Metropolitan area. He became visibly intoxicated early in the evening but continued to purchase and consume alcohol until he decided to borrow his friend’s car and return to Montgomery. In route to Montgomery his vehicle left I-65 and struck a tree causing his death. The Plaintiff alleged that the three defendants violated Alabama’s Liquor Liability Laws by serving a minor, and by also serving someone who was visibly intoxicated.

Confidential Settlement – Medical Malpractice – Wrongful Death / Minor
Spivey v. Kelley, CV 96-468, Circuit Court of Jefferson County, Alabama: William P. Traylor and J. Gusty Yearout represented the Plaintiff who was the mother of a six year old child who died after receiving an overdose of Demerol during a dental procedure. The child had a toothache and the plan was for the dentist to extract the tooth, and in so doing, use a process called conscious sedation. The sedation was supposed to be accomplished by administering Demerol. After receiving the Demerol the child went into respiratory arrest and was unable to be resuscitated after he was taken to the Emergency Room at Brookwood Medical Center.

Confidential Settlement – Liquor Liability / Personal Injury
West v. Van Bui, et al., CV 04-105, Circuit Court of Houston County, Alabama: William P. Traylor represented the mother of a young man who was allowed to purchase alcohol in violation of Alabama Law. He was involved in an automobile accident which left him permanently injured and in a vegetative state.

Confidential Settlement – Industrial Accident / Wrongful Death
Hall v. Gold Kist, CV 02-20013L, Circuit Court of Marshall County, Alabama: William P. Traylor represented the widow of a gentlemen who was electrocuted while working on the premises of Gold Kist in North Alabama. The Plaintiff’s decedent worked for a subcontractor that was putting duct work in at the Gold Kist facility for refrigeration purposes. A light fixture had become energized due to a malfunction. The fixture remained energized because it was not grounded in accordance with the National Electrical Code. The Plaintiff’s decedent came in contact with the energized light fixture, which caused him to be to suffer an electrical shock which led to his death.

Confidential Settlement – Truck Wreck / Wrongful Death
Livingston v. Blue Flash, CV 02-2857, Circuit Court Tuscaloosa County: William P. Traylor and J. Gusty Yearout represented the parents of a young man who was killed in a wreck involving a tractor trailer truck on I-59 in Tuscaloosa County.

Confidential Settlement – Breach of Contract / Fraud
C&N Contractors v. Gulf Shores Ins. Agency, CV 99-5672, Circuit Court of Jefferson County, Alabama: William P. Traylor represented the Plaintiff, C&N Contractors in a fraud case against its insurance agency, Gulf Shores Ins. Agency. C&N Contractors worked on government projects both in and out of the State of Alabama. C&N was working on a project in Florida and employing Florida residents. An employee of C&N Contractors became injured and filed suit against C&N for worker’s compensation benefits. C&N turned the claim into its worker’s compensation carrier and they denied the claim on the basis that C&N had not purchased worker’s compensation insurance for worker’s employed in the State of Florida, who also lived or permanently resided in the State of Florida. C&N sued its agency and the worker’s compensation carrier for coverage.

Confidential Settlement – Vehicular Wreck / Wrongful death
Farley v. Rural Metro; Circuit Court of Jefferson County, Alabama: J. Gusty Yearout and William P. Traylor represented the family of the Plaintiff who was killed when his car was struck by an ambulance that was being driving in the opposite direction on a two lane road. The Plaintiff claimed that the defendant crossed the center line causing the accident.

Confidential Settlement – Industrial Accident / Personal Injury
Rahmaan v. Maverick Tube, CV 02-002, Circuit Court of Jefferson County, Alabama: William P. Traylor represented Abdul Rahmaan who suffered catastrophic injuries as a result of an industrial accident in Arkansas. The Plaintiff had driven a flatbed tractor trailer truck to Arkansas for the purpose of picking up a load of steel. During the loading process the defendant allowed the load to fall from the truck onto the Plaintiff when he was in a place of danger. The Plaintiff suffered serious injuries and was transported to Memphis where he was hospitalized for a substantial period of time. He was ultimately transferred to U.A.B. where his medical care was completed.

Confidential Settlement – Premises Liability – Wrongful Death
Conner v. Colonial, CV 01-7123, Circuit Court of Jefferson County, Alabama: William P. Traylor, III represented the mother of a child that drowned in an apartment complex swimming pool. The pool had inadequate safeguards to prevent access by minor children.

Confidential Settlement – Products Liability / Elevator / Personal Injury
Ozier v. Dozier, CV 98-7519, Circuit Court of Jefferson County, Alabama: William P. Traylor represented the Plaintiff who was a subcontractor who was working on a professional office building in Cullman County. While riding in a new hydraulic elevator, the hydraulic line for the elevator experienced a catastrophic failure, which allowed the elevator to freefall into the basement. The Plaintiff sued the manufacturer of the elevator and the supplier of the hydraulic pipe.

Confidential Settlement – Vehicular Accident / Wrongful Death
Hearns v. Commercial Refrigeration Specialist, CV 00-180, Superior Court, Georgia: William P. Traylor represented the mother of a child that was killed in a vehicular accident in South Georgia. The child was a passenger in a vehicle and was occupying a safety seat at the time the vehicle was struck in the rear by a commercial vehicle.

Confidential Settlement – Truck Accident / Wrongful Death
Sanford v. Federal Express; Circuit Court of Jefferson County, Alabama: J. Gusty Yearout and William P. Traylor represented the daughter of a lady who was killed in a vehicular collision. The wreck occurred at an intersection in down town Birmingham. It was alleged that the Federal Express Truck ran a red light. The Plaintiff’s decedent died as a result of the injuries suffered in the collision.

Confidential Settlement – Premises Liability / Wrongful Death
Watts v. USX, CV 97-728, Circuit Court of Jefferson County, Alabama, Bessemer Division: J. Gusty Yearout and William P. Traylor represented the family of a man who died as the result of an incident that occurred on property owned by USX. The Plaintiff’s decedent apparently became lost while driving on rural roads near the Warrior River. He was traveling down a county road which extended onto private property owned by USX. The road terminated adjacent to the Warrior River. The Plaintiff’s decedent was unable to stop his truck and ran into the river. The Plaintiff alleged that improper signage was used to warn driver’s of this dangerous condition.

Confidential Settlement – Medical Malpractice / Wrongful Death
Steele v. Carraway, CV 92-4521, Circuit Court of Jefferson County, Alabama: J. Gusty Yearout and William P. Traylor represented the family of a gentlemen who went into the hospital to have open heart surgery. As a result of an inaccurate sponge count the Plaintiff’s decedent was closed and a surgical sponge remained in his chest. After the sponge was discovered the surgeon went in to remove it and the patient died as a result of complications following the surgery.

Confidential Settlement – Premises Liability / Wrongful Death / Personal Injury
Johnson v. Arlington; Circuit Court of Jefferson County, Alabama: J. Gusty Yearout and William P. Traylor represented the mother of a child who died as a result of fire in an apartment. The Plaintiff alleged that faulty wiring caused the fire. In addition to the child that died as a result of the fire, others included were the child’s aunt, who suffered personal injury.

Confidential Settlement – Nursing Home / Wrongful Death
Jones v. Hospice, Circuit Court of Dallas County, Alabama: William P. Traylor represented the family of an elderly lady who died as a result of complications following contraction of decubitis ulcers while a resident at the defendant facility.

Confidential Settlement – Carbon Monoxide Poisoning / Wrongful Death
Satterfield v. Ferrell Gas, CV 96-120, Circuit Court of Jefferson County, Alabama: William P. Traylor represented the family of a man who died as a result of inhaling carbon monoxide in his home. The Plaintiff sued the local gas companies for failing to discover that the furnace for the home was improperly vented which led to the problem of carbon monoxide poisoning.

Confidential Settlement – Asbestos / Wrongful Death
Poe v. Capco, Circuit Court of Jefferson County, Alabama: William P. Traylor represented the family of man who was exposed to asbestos and died from lung disease associated with that exposure. The case was resolved through confidential settlement.