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.