David Marsh, the founding partner in the law firm of Marsh, Rickard & Bryan, has been awarded many honors, accolades and recognition for his work both in the legal profession and the community. But, he is genuinely embarrassed by the praise. “This is about justice for our clients. Its not about me”, says Marsh.
“Our clients are victims of circumstances beyond their control. They need help and have often run out of places to go. We stand up for those people by guiding them through rapidly expanding restrictions set forth by the courts. We make sure they are protected. We can’t always put an end to their suffering. But if we can make a difference, a difference that helps restore them physically, mentally, financially, spiritually and emotionally, we feel we have done a good job”. We want justice to be done. We often are the last resort in ensuring the common, working people’s path to justice”.
While Marsh may not insist on taking credit, he is confident. He says, “We here at Marsh, Rickard & Bryan will not be outworked and we will aggressively bring all our resources to bear in a timely manner to achieve a fair and equitable outcome”.
According to Marsh, it takes “ intense work of each person here at Marsh, Rickard & Bryan to earn and keep our reputation as a premier litigation law firm”.
Admission Dates & Jurisdictions
- Alabama, 1981
- U.S. District Court, Northern District of Alabama, 1981
- Cumberland School of Law, Samford University, Birmingham, Alabama
- J.D. – 1981
- Auburn University, Auburn, Alabama
- B.S. summa cum laude – 1978
- Alabama Association for Justice, Past President, 2003 – 2004
- Alabama Association for Justice, Executive Committee, 1985 – 1989
- Alabama Association for Justice, Sustaining Member: Board of Governors, 1983 – Present
- Alabama State Bar, Member
- American Association for Justice, Member
- Birmingham Bar Association, Member
- American Bar Association, Member
- Birmingham Trial Lawyers Association, Secretary, 1981 – 1982
- American Board of Trial Advocates, Member
- American College of Trial Lawyers, Member
- International Academy of Trial Lawyers, Member
- International Society of Barristers, Member
- Inner Circle of Advocates, Member, 2006 – Present
- Litigation Counsel of America, Fellow
Verdicts & Settlements
Firm Verdicts and Settlements
ASI, a corporation, Plaintiff vs. UNISYS CORPORATION, a corporation, Defendant, Civil Action No., CV – 98 – JEO – 2014-S, in the United States District Court for the Northern District of Alabama. ASI Claimed breach of a software royalty agreement. Case was settled.
JUANITA ROTHCHILD AUSTIN, and SYNETHIA AUSTIN, a minor, by and through her mother and next friend, Juanita Rothchild Austin, Plaintiffs, vs. GENERAL MOTORS CORPORATION a corporation; Civil Action No., 00-0526-CB-C, in the United States District Court for the Southern District of Alabama, Southern Division. On February 12, 1999, on County Road 1, in Escambia County, Alabama, Ms. Austin suffered severe injuries when the seatbelt system in her 1991 Pontiac Sunbird automobile failed to properly restrain her in a collision which occurred when a deer ran into the path of her automobile. Ms. Austin suffered T-4 paraplegia secondary to a T-4 comminuted fracture. Case was settled.
EDDIE RAY BAILEY and STACY LYNN BAILEY, Plaintiffs, vs. COMMERCIAL METALS COMPANY, a corporation; SMI JOIST COMPANY, a corporation; DOSTER CONSTRUCTION COMPANY, INC., a corporation; OWEN JOIST OF FLORIDA, INC. d/b/a/ SMI JOIST OF FLORIDA, INC., a corporation; and JOHN “PAT’ RUTLAND, an individual; CIVIL ACTION NO. CV-00-142; in the Circuit Court for Jefferson County, Alabama, Bessemer Division. Mr. Bailey was hurt while working as an ironworker/utility hand. Mr. Bailey was attempting to remove bolts from a beamed structure. When the bolt was removed, the structure from which Mr. Bailey was working, collapsed, and Mr. Bailey fell over thirty feet to the ground. Mr. Bailey broke his back, leg and wrist. Case was settled.
CHARLES E. BAINE, JR., Plaintiff, v. DURAND-RAUTE CORPORATION, a corporation, RAUTE WOOD LTD., a corporation, Defendants, Civil Action No.: CV-00-131, in the Circuit Court for Butler County, Alabama. On September 22, 1998. Mr. Baine was working at International Paper Company as a plywood press machine operator. As Mr. Blaine attempted to clear a jam, the machine activated causing amputation of Mr. Blaine’s right arm at the elbow. The suit claimed the machine was defective and unreasonably dangerous. The case was settled.
MIKEL BENNETT, as Executor of the Estate of EUGENE BENNETT, deceased, Plaintiff vs. BAPTIST HEALTH SYSTEM, INC., a corporation, WALKER BAPTIST MEDICAL CENTER, a corporation, and CAROLINE EDWARDS POTTS, an individual, Defendants, Civil Action No., CV-00-0254- JLM, in the Circuit Court for Walker County, Alabama.. Mr. Bennett was admitted to Walker Baptist Medical Center on September 13, 1998, for care related to lung cancer. The doctor ordered that Mr. Bennett was to receive oxygen via a venti-mask and certain medications, including morphine, to be administered in dosages as ordered by the doctor. On her own, the attending nurse removed Mr. Bennett’s venti-mask and replaced it with a non-rebreather. The next day, the same nurse removed Mr. Bennett’s oxygen without the knowledge or orders of the doctor. The nurse then increased Mr. Bennett’s morphine dosage contrary to the doctor’s orders. The claims against the nurse sounded in euthanasia. As a result, Mr. Bennett died on September 14, 1998. Case was settled.
RESIA RENAY BOSTON, as Administrator of the Estate of JESSICA LEIGH BOSTON, a minor, deceased Plaintiff v. GENERAL MOTORS CORPORATION, a corporation; and LARRY MONCRIE, individual, Civil Action No. 01-426, in the Circuit Court of Walker County. Case grows out of a traffic accident that happened on June 22, 1999, on the Bankhead Highway. Jessica was fatally injured when the motor vehicle in which she was a passenger crossed the center line of the highway and struck another motor vehicle head on. Jessica was a passenger in a 1988 Pontiac Grand Prix automobile, which was so defectively designed, manufactured and assembled, and in such an uncrashworthy condition, that the passenger restraint system failed to properly restrain Jessica. Jessica was sitting in the rear center seat and it was not equipped with a shoulder belt. The lap belt only restraint caused her to suffer fatal injuries. Case was settled.
PATRICIA N. BROWN and DAVID V. BROWN, Plaintiffs, vs. LUCIANO SZTULMAN, M.D.; GREENVILLE OBSTETRICS & GYNECOLOGY; GREENVILLE HOSPITAL, INC., f/k/a L.V. STABLER HOSPITAL, INC., ETHICON ENDO-SURGERY, a corporation, Defendants, Civil Action No. CV-97-150, in the Circuit Court of Butler County, Alabama. Mrs. Brown was injured during a surgical procedure that took place on June 17, 1997, at Stabler Memorial Hospital. The surgery, a laparoscopically-assisted vaginal hysterectomy, or “LAVH”, was performed by Dr. Sztulman, a physician specializing in obstetrics and gynecology. At the outset of the surgery, Sztulman used an instrument known as a “trocar”. The trocar was designed, manufactured and distributed by Ethicon. Mrs. Brown claimed that Dr. Sztulman did not perform the surgery properly. Mrs. Brown claimed that the trocar was defective and unreasonably dangerous. Patricia N. Brown’s injuries and damages include: laceration of iliac artery; amputation of a portion of her right leg, foot drop of the left foot, nerve loss in left leg, emotional and mental distress and anguish, past and future medical expenses, lost wages, and loss of earning capacity. David V. Brown’s injuries and damages include: loss of services and consortium of Patricia N. Brown, and emotional and mental distress and anguish. Case was settled.
BUTLER IMPORTS, INC. JACK BUTLER, HOWARD BUTLER, and MARY JANE BUTLER, Plaintiffs vs. HORTON, LEE, BURNETT, PEACOCK, CLEVELAND & GRAINGER, P.C., JOHNSON, BALLENGER & VISE, P.C., and DONALD G. VISE, C.P.A., Defendants, Civil Action NO. CV 99-6426, in the Circuit Court of Jefferson County, Alabama. Butler Imports hired the defendants to conduct audits of the business and, specifically, to look for fraud and theft. The defendants failed to detect an ongoing embezzlement of funds from the business. Case was settled.
LINDA CARTER as Executrix of the Estate of Edwin Carter, deceased, Plaintiff, vs. BIRMINGHAM SOUTHEAST, LLC, a corporation, BIRMINGHAM STEEL CORPORATION, a corporation; GRAND EAGLE SERVICE, INC., f/k/a ABB SERVICE, INC. a corporation, DATEL ENGINEERING CO., INC. a corporation, WHITE ELECTRICAL CONSTRUCTION COMPANY, a corporation, Defendants,CIVIL ACTION NO.: CV 99-2319, in the Circuit Court of Jefferson County, Alabama. On March 30, 1999, Mr. Carter was working as an electrical engineer with Electric Machine Control, Inc., at a plant located in Cartersville, Georgia, and owned by Birmingham Southeast, LLC, and Birmingham Steel Corporation. Mr. Carter was injured when he opened the doors to an electrical control panel and an explosion. Mr. Carter suffered extensive burns over his upper body, neck, arms and face and ultimately died from the burns. Case was settled.
MARY M. CASSELL, Plaintiff vs. RUSSO & ASSOCIATES, INC., a corporation, MICHAEL RUSSO, an individual, STEVE SAMPLE, an individual, and ARIZONA ESCROW & FINANCIAL CORPORATION, a corporation, Defendants, Civil Action No. CV 00-03495 in the Circuit Court of Jefferson County, Alabama. Ms. Cassell invested money with and through defendants. The principal and accrued interest were to be paid back to Ms. Cassell upon her demand. When they weren’t, Ms. Cassell sued the defendants for fraud and conversion. Verdict returned for $620,000 and while an appeal was appealing, the case settled.
TERRY A. CAUSEY, SR. AND SHIRLEY BROWN, as Co-Executors of the Estate of Ruby Sarah Causey, deceased Plaintiffs, vs. BAPTIST MEDICAL CENTER – MONTGOMERY; CARDIOLOGY ASSOCIATES, INC. and JOHN A. WILLIAMS, M.D., Civil Action No. CV-00-2304 GR, in the Circuit Court of Montgomery, Alabama. This was a medical malpractice action. While a patient at Baptist Medical Center – Montgomery, Ms. Causey underwent an angioplasty procedure on the right coronary artery. Following the angioplasty, Ms. Causey’s condition deteriorated and she died as a result of cardiac arrest. Case settled.
MARK P. COHEN, M.D., PLAINTIFF VS. UNUM PROVIDENT CORPORATION, a corporation; PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, a corporation; et al., Civil Action No. CV-: 01-7195, in the Circuit Court of Jefferson County, Alabama. Due to a traumatic injury to two fingers on his left hand, Dr. Cohen could no longer practice his medical specialty-medical and surgical gynecology. All of Dr. Cohen’s treating physicians thought he was disabled from his medical specialty, but when he applied for benefits through his disability insurance carrier, Dr. Cohen was turned down. Settled with the UnumProvident defendants.
JAMES S. CRAIG, M.D., Plaintiff vs. UNUM PROVIDENT CORPORATION, a corporation; PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, a corporation; and PARKS LEE, an individual; Civil Action NO. CV-01-2516 in the Circuit Court of Jefferson County, Alabama. Dr. Craig can no longer practice Emergency Room medicine because of his history of coronary heart disease, a heart attack and coronary by-pass surgery. Dr. Craig had an occupation-specific disability policy but when he applied for benefits, Dr. Craig was turned down. Settled with the Unum Provident defendants.
GLENDA GAIL DAVIS; DIANN BUSBY; AND HOBERT T. DAVIS, Plaintiffs v. BRODERICK LEON FULGHUM, an individual; WELBORN TRANSPORT, INC., a corporation, Civil Action No. CV-00-4457, in the Circuit Court of Jefferson County, Alabama. Traffic wreck in which passenger vehicle was struck by tractor-trailer truck. Plaintiffs argued the defendants violated the Alabama Safe Brake Statute. Ms. Davis, in particular, suffered from cervical dystonia, a disabling neurologic syndrome. Case settled.
JAMES TIMOTHY DOWNARD and CRYSTAL LYON DOWNARD, as surviving and custodial parents of ZACHARY THOMAS DOWNARD, a minor, deceased, Plaintiffs, vs. ALABAMA POWER COMPANY, a corporation, Civil Action No. CV-01-5338, in the Circuit Court of Jefferson County, Alabama. On August 16, 2001, Zachary Thomas Downard, a minor, was playing outside in the vicinity of his home in Birmingham, Alabama, when he came into contact with a low hanging, high voltage electric distribution line. Alabama Power Company owned the power line. The lawsuit alleges Alabama Power Company had notice and knowledge before August 16, 2001, that the power lines involved in this case were located in a high contact area with respect to vegetation and tree-to-line contacts but failed to clear and maintain the power line right-of way. The lawsuit alleges Alabama Power Company failed to follow its policies and schedules for clearing vegetation and tree growth in the area where Zachary was electrocuted. The case was settled.
CLYDE B. ESTES, as the Administratrix and Personal Representatives of the Estate of JIMMY LEE ESTES, deceased, Plaintiff v. VINTAGE HOMES, LLC, a corporation, Civil Action No., 01-6886 in the Circuit Court for Jefferson County. Mr. Estes was working as a skilled laborer for Magic City Flooring. He was sent to install and finish the hardwood floors in a house being constructed. The defendant Vintage Homes, was the general contractor overseeing the construction of the residence. Plaintiff claimed Vintage Homes negligently, wantonly and/or willfully failed to supervise and control the job site and, as a result, Mr. Estes fell approximately 15 feet causing multiple traumatic injuries. Mr. Estes died as a result of the injuries. Plaintiff claimed Vintage Homes failed to provide Mr. Estes with a guardrail system, safety net system, and/or personal fall protection while Mr. Estes was working at a perilous height. Case settled.
VERNON GUTHRIE, deceased by and through KATHY G. LOONEY, Plaintiff, v. RODNEY JACK RAYBURN, an individual, PIKE TRUCKING, a corporation, JOHN PIKE, an individual, SOUTHERN HAULERS, a corporation, and AMERICAN BUILT COMMODITIES, a corporation, R & J TRUCKING, a corporation, and ALLSTATE INSURANCE, a corporation, Defendants, Civil Action No.: CV 00-424, in the Circuit Court for Calhoun County.
SANFORD H. HERMAN, BARBARA S. HERMAN, and SAMUEL H. HERMAN, a minor, by and through his Father and Next Friend, SANFORD H. HERMAN, Plaintiffs v. SHANNA NICOLE SOURS, an individual; CELADON TRUCKING SERVICES, INC., a corporation, Defendants, Civil Action No., CV 99-1296 in the Circuit Court of Tuscaloosa County, Alabama. On June 15, 1999, on I-59, the Herman family car was struck by a Celadon tractor-trailer rig. All the family members were badly injured. The case was settled.
ELDRIDGE STEVEN HOPPER and MARSHA LEE HOPPER, Administrators of the Estate of Sherry Hopper White, Plaintiffs, vs. WAL-MART STORES, INC.,CIVIL ACTION NO.: CV 98-c-1496-NE, in the United States District court for the Northern District of Alabama, Northeastern Division. This case arises out of the alleged unlawful sale of a 12 gauge shotgun and ammunition by Defendant Wal-Mart Stores, Inc. to James Michael White at a time when James Michael White was under a court order restraining him from threatening, or intimidating his wife, Sherry Hopper White. This sale occurred on March 26, 1998, at Hartselle, Alabama Wal-Mart Store. The Plaintiffs allege this gun was used by James Michael White in the double homicide of his wife, Sherry Hopper White, and her younger brother, Eldridge Steven Hopper, III, on April 8, 1998. Case was settled.
RAYMOND STEVE HUMPHREY, Plaintiff vs. REFRIGIWARE, INC., a corporation; DOBBINS COMPANY, a corporation, CINCINNATI SUB-ZERO PRODUCTS, INC., a corporation; UNIVERSITY OF ALABAMA HOSPITAL, UNIVERSITY OF ALABAMA HEALTH SERVICES FOUNDATION, INC., LORING RUE, M.D., DONALD SMITH, M.D., C. MAHER, M.D., MATTHEW R. ROSENGART, M.D., RUE/SMITH/MAY/MELTON GROUP, KASEY E. BARBER, R.N., JOY R. PIATT, R.M., BARBARA PENDLEY, R.N., KATRICE PERKINS KIMBLE, R.M., CHANTHY K. PARKS, R.M. JOHNNY L. WHITFIELD, R.N. SAN JUANITA CAMPBELL, R.M., DAVY Q. DUNCAN R.M., SHEILA K. FEDORKO, R.M., RONNI M. JACKSON, R.M., NANCY H. LIU, R.N., DEFENDANTS, CIVIL ACTION NO. CV 99-3318, in the Circuit Court for Jefferson County, Alabama. On June 25, 1997, Mr. Humphrey fell on-the job and injured himself. He was taken to University of Alabama Hospital for treatment. During his hospitalization, his doctors prescribed a thermal cooling blanket and cooling unit to control Mr. Humphrey’s high temperatures. As a result of using the cooling blanket, Mr. Humphrey suffered severe thermal injuries to his upper and lower back, buttocks, thighs, knees and legs. There were claims against the manufacturers of the cooling blanket. There were also claims against the medical providers for failing to adequately monitor and prevent the thermal injuries. During the case, it was revealed that some of Mr. Humphrey’s medical records had been destroyed. Case was settled.
HYDRO POWER, INC., a corporation and JERRY MCVAY, Plaintiffs vs. EATON CORPORATION, a corporation; HYDRAULICS OPERATIONS, a corporation; VICKERS, INCORPORATED, a corporation; STEPHEN J. HAUSER, an individual; J. SHANNON MELTON, an individual, BAMA FLUID POWER, INC., a corporation; HYDRO/POWER, INC. a corporation, Civil Action No. CV 00-HGD-1566-S, in the United States District Court, for the Northern District of Alabama, Southern Division. Hydro Power is an Alabama corporation in the business of repairing, servicing and distributing pumps, valves and other component parts to be used in the industrial sector. Hydro Power claimed damages for wrongful cancellation of a distributorship agreement. Case was settled.
JOAN W. JONES, by and through her sister and next friend Judith W. Everett vs. JENNIFER E. DICKERSON, an individual; KINKO’S INC., a corporation; and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation;Civil Action No. CV-024754 in the Circuit Court of Jefferson County, Alabama. Ms. Jones was left unable to walk after a Kinko’s company vehicle hit her in 2002. The wreck occurred at U.S. 280 and Cherokee Road in Birmingham, when the Kinko’s vehicle ran a red light. Case was settled.
KEVIN KEY, Plaintiff, vs. INTERNATIONAL TRUCK AND ENGINE CORPORATION, a corporation; BRASFIELD & GORRIE, INC. a corporation; BILL BOUSLIG, an individual; AEROTEK, INC., a corporation, AEROTEK CONTRACT ENGINEERING SERVICES, a corporation, Civil Action No. CV-00-2597-AJH, in the Circuit Court of Jefferson County, Alabama. The plaintiff was severally burned about his face and body while working as an apprentice electrician. The plaintiff was involved with electrical demolition work including the removal of old circuits, conducts and wiring. The plaintiff had been instructed to remove ground wires located in a 480-volt, 3-phase breaker box. The plaintiff was told that all power leading to the breaker box had been cut off, locked out, and tagged out. As the plaintiff proceeded to use an eight inch long Allen wrench to remove the ground wires, an electrical explosion and fire occurred, causing plaintiff to suffer serious and permanent burn injuries. Case was settled.
JEFFREY TAYLOR LAGRONE, an individual by and through his legal guardian, WINIFRED ROY LAGRONE, WINIFRED ROY LAGRONE, individually and ADAM LAGRONE, LADD LAGRONE and TAYLOR LAGRONE, all minors who sue by and through their mother and next friend, WINIFRED ROY LAGRONE, Plaintiffs, vs. NORCO INDUSTRIES, INC., a corporation; ALABAMA JACK COMPANY, INC. a corporation; and Fisher Products, Inc., a corporation, Civil Action No. CV-01-1994, in the Circuit Court of Jefferson County, Alabama. An on-the job injury in which the plaintiff was injured when an air lift jack slipped off the frame rail of a tractor the plaintiff was working on and violently struck the plaintiff in the head. Case was settled.
MICHAEL LEONARD, Plaintiff vs. AUTOZONE, INC., a corporation, and RON BLANKENSHIP, an individual, Defendants, Civil Action No. CV 97-7828, in the Circuit County of Jefferson County, Alabama. Mr. Leonard was working as a full-time salesman for Autozone when, on September 18, 1997, he was involved in an automobile accident while en route to pick up a part from another Autozone store. Mr. Leonard underwent extensive treatment for his injuries, including surgery, and was caused to lose time from his work. Mr. Leonard filed a claim against Autozone for the benefits entitled to him under the Workers’ Compensation Act. Based on a fraudulent statement given by Mr. Blankenship, that Mr. Leonard “deviated from the direct route”, Mr. Leonard was denied Workers’ Compensation benefits on or about October 3, 1997. On November 10, 1997, Mr. Leonard returned to work for Autozone in a light duty position. On November 24, 1997, Mr. Leonard was terminated from his employment with Autozone. Mr. Leonard’s lawsuit alleges that his employment was wrongfully terminated by the Defendant as a direct result of his intention to appeal the denial of benefits due him under the Workers’ Compensation Act; and that such termination was retaliatory and illegal, and in violation of Section 25-5-11.1, Code of Alabama, (1975). Case was tried and verdict returned for $950,000. Trial court remitted verdict to $350,000, which was affirmed by appellate court.
TONEY LONDON, Plaintiff, vs. COCKRELL CONSTRUCTION COMPANY, INC. a corporation, Defendant, Civil Action No., 01-1392 in the Circuit court of Montgomery County, Alabama. On April 4, 2000, Mr. London was working on a construction site as a semi-skilled laborer. He was working to construct a concrete slab on a school project. A subcontractor’s worker dropped a steel beam on Mr. London’s foot while operating a forklift. As a result, Mr. London suffered severe fractures to his right foot. Case was settled.
LEE McCLENDON, a minor, by and through his Father and Next Friend, LEANDRA McCLENDON’ LEANRA MCCLENDON, individually, and NATALIE MCCLENDON Plaintiffs vs. NEW PRIME, INC. a corporation; SOUTHERN UNITED FIRE INSURANCE COMPANY, a corporation; GENERAL MOTORS CORPORATION, a corporation; GENERAL MOTORS OF CANADA, a corporation; SUZUKI MOTOR CORPORATION, a corporation; CAMI AUTOMOTIVE MANUFACTURING, INC., a corporation; IVAN LEONARD CHEVROLET, INC., a corporation; Civil Action No. CV-99-635, in the Circuit Court of Jefferson County. On June 4, 1998, on Interstate 20 at the intersection U.S. Highway 78 in the City of Leeds, Mr. McClendon, a minor, was seriously injured when the vehicle he was driving was run off the road by a tractor-trailer rig owned or leased by New Prime, Inc. Mr. McClendon was driving a 1997 Chevrolet Geo Tracker that rolled several times and Mr. McClendon was ejected from the vehicle. Mr. McClendon claimed the Geo Tracker was defective and unreasonably dangerous as it had a propensity to rollover. Case settled.
MCKINNEY LUMBER, INC. a corporation.; CRERET, INC., a corporation; CHESTER L. MCKINNEY, JR., an individual; STEVE MCKINNEY, an individual; JOE MCKINNEY, an individual; CHESTER L. MCKINNEY, an individual, Plaintiffs vs. INDUSTRIAL BOILER CO., INC., a corporation; INDUSTRIAL BOILER CO., INC., d/b/a CLEAVER BROOKS THOMASVILLE, a corporation; AQUA CHEM, INC., a corporation; SOUTHERN ENGINEERING & EQUIPMENT CO., INC., a corporation, Defendants, Civil Action No., CV 95-445-T, in the Circuit Court of Colbert County, Alabama. The defendants designed and installed a wood gasifer and boiler system for the plaintiffs’ business. The plaintiffs’ alleged that the wood gasifer and boiler system did not work as the defendants’ promised it wood. The plaintiffs’ business lost income as a result. The case was settled.
KAREN DEANNE MEEKS, an individual, vs. FORD MOTOR COMPANY, a corporation; MICHELIN NORTH AMERICA, INC., a corporation; MICHELIN AMERICA’S RESEARCH AND DEVELOPMENT CORPORATION; a corporation; PROFESSIONAL AUTO SERVICE, INC., A CORPORATION; MICHELIN NORTH AMERICA (CANADA) INC., a corporation; Civil Action NO. CV-2002-2410, in the Circuit Court of Jefferson County, Alabama. Ms. Meeks was badly injured in a car wreck on I-59 in Trussville, Alabama. The tread separated from the left rear tire causing her 1997 Ford Explorer to veer out of control and roll several times before coming to rest. Ms. Meeks suffered amputation of her left leg above the knee. Case was settled.
CARL MILLER, by and through his Guardian and Conservator, VIRGINIA MILLER, and VIRGINIA MILLER, individually, Plaintiffs, vs. H.R.H. METALS, INC., SOUTHERN DISMANTLING, and RONNIE BRIDGES, Defendants, Civil Action No. CV 98-6168, in the Circuit Court for Jefferson County, Alabama. On August 28, 1997, Mr. Miller was on-the-job helping to dismantle a building. Mr. Miller stepped through a skylight, fell approximately 20 feet to a concrete floor, and suffered severe, permanently disabling injuries. When he fell, Mr. Miller was wearing all of the safety equipment he had been provided, including a safety harness with lanyard and a hard hat. Mr. Miller suffered a severe traumatic brain injury as a result of the fall. He suffered a subdural hematoma, a right occipital subdural hematoma, basilar skull fracture, and bilateral frontal contusions. Mr. Miller also fractured both of his ankles. Mr. Miller requires 24 hour care and assistance. The case was first tried in August 2000. The jury returned a verdict for Ronnie Bridges d/b/a Southern Dismantling, but could not reach a verdict with regard to the claims against H.R.H. The case was tried again in March 2001 on Mr. Miller’s claims against H.R.H. The jury returned and the Court entered verdicts against H.R.H. in the amount of $4,562, 457, 19 for Mr. Miller and $2,125,000 for Mrs. Miller. Those verdicts were reversed on appeal to the Alabama Supreme Court and the case was set for trial again the week of September 16, 2002. The case was then settled.
GERALDINE M. MURPHY, Plaintiff v. ROADWAY EXPRESS, INC., a corporation, JAT, Inc. d/b/a/ THRASHER BROTHERS TOURS; BUSCO INC., a corporation, and SHEILA KNIGHT PORTER, an individual, Defendants, Civil Action No. CV-00-720, in the Circuit Court of Tuscaloosa County, Alabama. Motor vehicle accident that occurred on March 19, 2000, on Interstate 59. Ms. Murphy was riding as a passenger in a bus headed to Mississippi when the bus was allegedly forced off the roadway and overturned. She suffered a fractured left shoulder. Case was settled.
HEATHER POSEY, dependant widow of CHRISTOPHER TODD POSEY, deceased, individually and on behalf of MEGAN BROOKE POSEY and JORDAN LEIGH POSEY, dependant children of CHRISTOPHER TODD POSEY, deceased, v. DEERE & COMPANY, INC. a corporation; JOHN DEERE CONSTRUCTION EQUIPMENT COMPANY, INC., Civil Action No: 00-199, in the Circuit Court of Marion County. On June 20, 2000, Mr. Posey was working as a logger in Mississippi when his log skidder caught fire. The water tank mounted on the skidder exploded. The explosion sent metal flying through the air, and a piece struck Mr. Posey in the head and killed him. Claims against the maker of the skidder and water tank were brought under Mississippi law due to the negligent design of the water tank in that it did not have a pressure relief device. Case settled.
EDITH MARIE PRESCOTT, as Executric of the Estate of Ford L. Prescott, Jr., Plaintiff, vs. Doyce R. Killen, and Individual, RONALD J. BENBOW, an individual, SCHANNO TRANSPORTATION, INC., a corporation, AMERICAN SELECT INSURANCE COMPANY, a corporation, Defendants, Civil Action No. CV 99-325, in the Circuit Court of Limestone County, Alabama. On January 6, 1999, on Interstate 65 at the Tennessee River Bridge, the car in which Mr. Prescott was riding was hit by another car and a tractor trailer rig. Ultimately, on May 9, 2000, Mr. Prescott died from the injuries he received during the wreck. Case was settled.
CYNTHIA SANCHEZ AS AMINISTRATRIX OF THE ESTATE OF EVODIO SANCHEZ, Plaintiff vs. SHIMIZU AMERICAN CORPORATION, a corporation, DON CHAMBERS, an individual, SUE JACK, INC., a corporation, FAB ARC STEEL, a corporation, Defendants, Civil Action No., CV-99-304, in the Circuit Court for Morgan County, Alabama. Mr. Sanchez was killed when an unshored brick wall fell on him while he was working at a construction site at the Torey Carbon plant. Case was settled.
THOMAS SCOTT, Plaintiff v. RUST INTERNATIONAL CORPORATION, a corporation; RAYTHEON ENGINEERS & CONSTRUCTORS, INC., a corporation; CHEMIPULP PROCESS, a corporation; BELOIT CORPORATION, a corporation,RIDDELL ABRAMS, an individual; WILLIAM E. DOZIER, an individual; EDDIE D. WILLINGHAM, an individual; JIM KING, an individual; BILL FLEMING, an individual; CURTIS R. DAY, an individual; RONNIE HALL, an individual; GREG DELCAMBRE, an individual; JIMMY EDMONDS, an individual; DONN TARPLEY, an individual; WILLIAM SYMON, an individual; SAMUEL L. LOFTIN, an individual; DONALD G. SKINNER, an individual; MIKE CASE, an individual, Civil Action No., CV-99-015, in the Circuit Court for Marengo County, Alabama. On February 8, 1997, Mr. Scott was working as a field man at the Gulf States Power Mill in Demopolis, Alabama. He was lowering a rope into a large stock tower. The rope became tangled in an agitator located at the bottom of the tower and it quickly began pulling the balance of the rope in to the tower. The remainder of the rope laying around his feet wrapped around his leg causing extensive near amputation, injuries to his right foot, ankle and leg. Case settled.
FAYE SESSIONS, as Administratrix and Personal Representative of the Estate of Ronnie Sessions, Deceased, Plaintiff vs. GENERAL MOTORS CORPORATION, a corporation; DUNN CONSTRUCTION COMPANY, INC., a corporation; MACK ROBERTS, DIRECTOR OF THE STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION; MARK RATCLIFF, an individual, BENCH & MORRIS MOTORS, INC., a corporation; CHOO CHOO CUSTOMS, INC Defendants, Civil Action No., CV-01-38 In the Circuit Court of Coosa County, Alabama. On May 22, 2001, on Alabama Highway 9 in Coosa County, Mr. Sessions, was operating a 1989 GMC 3500 pickup truck that hydroplaned on the wet roadway, causing Mr. Sessions to lose control and collide with another vehicle. As a result of the collision, Mr. Sessions’ pickup truck exploded and burned. Mr. Sessions suffered severe burn injuries during the fire an eventually died from those injuries. Included in the lawsuit was a claim against General Motors for making a pick-up truck with gas tanks located outside of the frame of the truck, a location that plaintiff argued leads to fuel-fed fires of this type. This design is commonly referred to as “side-saddle” fuel tanks. The case was settled by Mr. Sessions’ widow.
MARTHA SULLIVAN, Dependent Mother of Joseph Honeycutt, Deceased, Plaintiff vs. BIG AL’S ONE STOP, Inc., a corporation; TONY TAYLOR, an individual, Civil Action No. CV-99-035, in the Circuit Court for Fayette County, Alabama. On Sunday, August 16, 1998, Joseph Honeycutt was involved in a car wreck on Highway 43 that resulted in his death. Before Mr. Honeycutt got behind the wheel, he had been drinking at Big Al’s One Stop. Big Al’s knew that Mr. Honeycutt was visibly intoxicated and should not have sold alcoholic beverages to Mr. Honeycutt. The case was settled.
EDDIE SWAIN, Plaintiff vs. ALABAMA POWER COMPANY, Defendant, Civil Action No.: CV00-545, in the Circuit Court of Talladega County, Mr. Swain was an employee of a construction company when he was sent to work on building a concrete slab at an Alabama Power company plant. While brushing the recently poured concrete slab, Mr. Swain was electrocuted by a 115,000 volt transformer. As a result, Mr. Swain was badly burned on his legs, arms, and abdomen. Case was settled.
CHAUNCEY B. THUSS, M.D., Plaintiff vs. EASTERN HEALTH SYSTEM, INC., a corporation; EASTSIDE VENTURES, INC., a corporation, Defendants, Civil Action No. CV 99-6717 in the Circuit Court of Jefferson County. In 1996, Dr. Thuss entered into a two-year employment agreement to work at a Medical Center East clinic as an occupational medicine physician. The initial term for employment was to be two (2) years beginning on January 1, 1997, and ending on December 31, 1998. Dr. Thuss claimed that during several discussions with hospital management, he was assured his contract would be renewed. Relying on what he was told, Dr. Thuss turned down an offer to work at another local hospital. On December 31, 1998, Dr. Thuss was advised for the first time by a hospital executive that his contract of employment would not be renewed. Jury returned verdict in favor of Dr. Thuss in the amount of $1,950,000. While post-trial motions were pending, case was settled.
GARY J. TOOMEY, Plaintiff v. JOINER TRANSIT COMPANY, INC., a corporation; WILLIE JAMES JOINER, an individual; SAFECO INSURANCE COMPANY OF AMERICA, Defendants, Civil Action No., CV-01-151, in the Circuit Court of Limestone County, Alabama. Motor vehicle accident that occurred on May 6, 2000, on US 72. Mr. Toomey’s vehicle was struck by a bus. He suffered a fracture of his right foot requiring multiple surgeries. Case settled.
MARY PICKET WILLIAMS, Plaintiff vs. ALABAMA POWER COMPANY DR. TIMOTHY D. BASSETT, an individual, and ALABAMA POWER COMPANY, a corporation, Defendants, Civil Action No. CV 99-15, in the Circuit Court of Tuscaloosa County, Alabama. This case began as a medical malpractice action against defendant Dr. Timothy D. Bassett. Ms. Williams alleged, in her original complaint, that Dr. Bassett violated the accepted standard of care when he failed to properly diagnose and treat a spinal fluid leak following spinal decompression surgery carried out on January 7, 1997. Ms. Williams alleged that Dr. Bassett’s failure to manage the spinal fluid leak caused and resulted in quadriplegia suffered by the plaintiff. Following these injuries, Ms. Williams returned to her home. There, she lived with her husband and daughter. Ms. Williams was confined to an electric movable bed. She was also dependent on several other devices, including a feeding tube, an electrically powered “BiPap” machine necessary to provide adequate oxygen to her blood, and air conditioning necessary to maintain a cool temperature in her room. While Ms. Williams suffered from a significant and permanent injury, she was alert, able to converse with visitors and her family, and desired to remain at home. On October 11, 1999. Alabama Power Company, terminated electrical service to the plaintiff’s home. Ms. Williams alleged that the termination of electrical service by Alabama power Company was carried out in violation of Alabama Power Company rules and guidelines, as well as guidelines set forth by the Alabama Power Commission. The plaintiff amended her lawsuit to add Alabama Power Company as a defendant. Ms. Williams alleged that, as a result of the termination of electrical service to her home on October 11, 1999, she suffered respiratory arrest and permanent brain injury. Case was settled.
MICHAEL WILLIAMS, Plaintiff, vs. CHAMPION ENTERPRISES, INC. a corporation; DUTCH HOUSING, INC. a corporation; ROBERT GRAY; GAFFEY CRANE; CHORBA BUILDING CO. INC., a corporation; CHORBA CONTRACTING CORPORATION, a corporation; CHORBA SERVICES, INC., a corporation; QUALITY MACHINE COMPANY, INC., a corporation; DUFF-NORTON COMPANY, a corporation, COFFING HOISTS, a corporation, YALE INDUSTRIAL PRODUCTS, INC., a corporation, S.J. ROBERTS, and DONNIE BUTTS, an individual, Civil Action No., CV-97-398-J, In the Circuit Court for Marshall County, Alabama. On April 23, 1997, Mr. Williams, was working in the metal shop department at a mobile home plant. A scaffold/overhead catwalk system fell on him and struck his head and neck. Mr. Williams suffered a paralyzing injury to his spinal cord and closed head trauma. Case was settled.
GERALD R.WILSON, Plaintiff vs. SHELBY CONCRETE, INC.; ROBERT KNOX a/k/a BOBBY KNOX, an individual, Defendants, Civil Action No. CV 97-3207, in the Circuit Court of Jefferson County, Alabama. Mr. Wilson was enticed to leave a job where he had worked 30 years by the promise of a good salary, benefits and perks at Shelby Concrete. After Mr. Wilson started as a salesman for Shelby Concrete, he did not receive any of the benefits and the perks. Less than two years later, Shelby Concrete fired Mr. Wilson. This was a breach of the 5 year employment contract. After Mr. Wilson learned that Shelby Concrete had hired an investigator to follow him around at home and on the job, he sued for invasion of privacy. A jury returned a verdict in favor of Mr. Wilson in the amount of $3,785,000. An appeal followed. The case was settled.
SYBLE L. YOUNG AND LOUIS YOUNG, Plaintiffs vs. COLUMBIA SUSSEX CORPORATION, a corporation; GRANDVIEW HOTEL LIMITED PARTNERSHIP; a partnership; RADISSON HOTELS INTERNATIONAL, INC. a corporation; SYMMONS INDUSTRIES, INC., a corporation; V & W SUPPLY COMPANY, INC., a corporation; ROY’S PLUMBING CO., INC., a corporation; ROY G. VEST, individually and WILLIAMS & ASSOCIATES, a corporation, Civil Action No., CV-01-6881, in the Circuit Court of Jefferson County, Alabama. While staying as a guest at the Radisson Hotel Birmingham, Ms. Young was burned by scalding hot water because the room and bathing system supplied excessively hot water to Ms. Young’s shower. Plaintiffs argued the hotel had violated the code of Alabama, which states that the maximum temperature for hotel water is 120 degrees. Case settled.