December 2015

In December 2015, David Wells obtained a defense verdict for his client in a case in Jefferson County, Alabama. The Defendant admitted he was responsible for causing the accident and claimed he let his foot off the brake and rolled into the Plaintiff while they were stopped at a red light. Photographs of the vehicles showed no damage. Despite that fact, the Plaintiff claimed she immediately felt pain in her neck, pack and right shoulder and was taken from the accident scene via ambulance to the ER at UAB Hospital. Ultimately the Plaintiff underwent 3 surgeries on her right shoulder and was approved for Social Security disability benefits. The retail medicals bills were in excess of $55,000. Since the Defendant only had liability limits of $25,000 his insurance carrier reached a compromise settlement with the Plaintiff for $21,500. The underinsured motorist carrier advanced that settlement and forced the case to Trial. At Trial the Defendant admitted responsibility for the accident but disputed that the accident had caused any injury to the Plaintiff. The jury agreed and returned a verdict for the Defendant.

October 2015

In October 2015, the Alabama Supreme Court entered an Order and lengthy opinion confirming the Trial Court’s granting of a partial motion for judgment as a matter of law and the denial of a motion for new trial as well as the jury’s verdict regarding a case tried by Phillip Luke and David Wells in October 2014 in Madison County, Alabama. The case was a professional liability case arising out of the appraisal of undeveloped real estate in Jackson County, Alabama. Phillip and David represented the appraisal company as well as the individual appraisers who had appraised the property for a bank as part of a foreclosure proceeding. The Plaintiff claimed the appraisal was too low and sued after the foreclosure proceedings had concluded. At the close of the Plaintiff’s case, the Trial Court granted the Defendant’s motion for judgment as a matter of law on the Plaintiff’s negligence claim due to a lack of expert testimony but let the Plaintiff’s wantonness and conspiracy claims go to the jury. The jury returned a verdict for the Defendants. In its opinion, the Alabama Supreme Court upheld both results. Phillip Luke wrote the appellate briefs for the Firm.

October 2015

In October 2015, David Wells obtained a defense verdict for his client in a case in Baldwin County, Alabama. The facts of the case were that David’s client was on his way to Gulf Shores, Alabama on a family vacation and had become lost. The testimony was that the Defendant was stopped at a green light and was attempting to turn left but was waiting for on-coming traffic. The Plaintiff was traveling behind the Defendant and came to a complete stop at which time she was rear-ended by co-Defendant who was driving a box truck for Coca-Cola. The Plaintiff filed suit against both drivers and Coca-Cola on the basis that the Defendants combined and concurred to cause the accident. The Plaintiff alleged that as a result of the accident she was caused to suffer from excruciating and debilitating migraine headaches. The Defendants disputed the Plaintiff’s injury claims and argued that the migraines were pre-existing. After deliberating for less than 10 minutes, jury returned a verdict for the Defendants.

March 2015

In March 2015, Peter Bolvig obtained summary judgment in a race discrimination and retaliation case in the United States District Court for the Northern District of Alabama. The Plaintiff contended that he was retaliated against by his employer, our client, as a result of his having made Charges of Discrimination and filing a racial discrimination lawsuit against a previous employer. He theorized that his previous employer was our client’s only customer, and when it was discovered that the Plaintiff was working for our client, his previous employer advised our client of the prior issues and suggested or pressured our client to terminate the Plaintiff in retaliation for his prior conduct, which would be protected under the applicable law. We essentially contended that there was no evidence suggesting that the Plaintiff was terminated in retaliation for his prior Charges against his previous employer. Instead, Plaintiff was terminated for misuse of the company credit card. The case is currently on appeal to the United States Court of Appeals for the 11th Circuit.

February 2015

In February 2015, Peter Bolvig tried an automobile case to a successful conclusion in Marshall County, Alabama, Circuit Court. The Plaintiff contended that he was stopped at a red light at approximately 8:00 a.m. on a work day on the major highway running through the area, when he was struck from the rear by the Defendant. The investigating officer testified that he assessed the Defendant as being under the influence of something and that the Defendant admitted at the scene to being under the influence of prescription medications. He was arrested on the scene, charged with DUI and taken to jail. The officer testified that the Defendant voluntarily submitted to a urinalysis upon arrival at the jail, which came back positive for methamphetamines. The Defendant later plead guilty to DUI charges. The Plaintiff claimed that he suffered numerous injuries, including a broken leg, a sinus fracture, numerous fractured crowns on his teeth, and lingering post-concussion syndrome symptoms, including vertigo. Trial lasted the entire week and jury deliberations continued over the weekend into the following Monday at which time the jury returned a verdict for the Defendant. The Plaintiff subsequently filed a Motion for New Trial which was granted by the trial court without a hearing or giving the Defendant an opportunity to even respond. The case is now on appeal to the Alabama Supreme Court.