We recently settled a case that arose out of a highway collision on behalf of a Mobile man whose case had been pending in Mobile County Circuit Court. The motor vehicle accident occurred on the evening of October 19, 2006 when a large Budweiser truck slammed into the rear of the Saturn automobile in which our client was riding as a back-seat passenger. The driver of the Saturn had to stop for a Ford Explorer that was disabled in the left lane of the approach to the Wallace Tunnel on I-10 in Mobile. The Budweiser truck was traveling at about 60 to 65 mph and was unable to stop before slamming into the Saturn. The posted speed limit on the highway was 55 mph. Also, there was a sign that required trucks to use the right lane of traffic.
Our client was severely injured in the collision and suffered what is referred to as a burst compression fracture of his back. As a result, he had to have a decompression and fusion of his spine. This man was fortunate to have survived the crash since the Saturn was rendered a total loss with the rear end literally crushed. As a result of his injuries, he can no longer perform his duties as a warehouse supervisor at a local business establishment. Our client will go back to school so that he can be retrained for a job that he can do. At present – two years post accident – he still has to use a wheelchair, a walker or a four-prong cane in order to ambulate. Our client will require future medical treatment therapy and rehabilitation. His life care plan was most conservative and the cost of the plan, reduced to present value, and other damages, including medical expenses and loss of earnings, was $2.36 Million.
A few days after mediation, the case was settled for a mutually agreed amount.
Personal injury lawsuit in Mobile settled
Civil Rights Litigation:
Our law firm has successfully represented members of the Conecuh County, Alabama branch of the NAACP in a Voting Rights discrimination lawsuit against the City of Evergreen in federal court, The United States District Court for the Southern District of Alabama. A federal judge ruled in our favor pursuant to Sections 2 & 5 of the Voting Rights Act. The city conducted elections on June 18, 2013 pursuant the federal judge*s order: Allen, et al. v. City of Evergreen, at al.,1:12: cv496-CG
PRODUCT LIABILITY & WRONGFUL DEATH:
Harkness v. Navistar, Inc., et al., Montgomery County Circuit Court: our law firm is involved in a notable product liability and wrongful death lawsuit wherein our client, a truck driver, died as a result of the logs shifting and upon impact penetrated the cab and caused blunt forced fatal injury trauma resulting in his demise. We contend that the vehicle was defective & unreasonably dangerous in not having a cab guard, so as to ensure that in the event of a collision, the truck driver*s load does not intrude into the cab.
We have successfully litigated a product liability litigation against a tire manufacturer arising from a tire tread separation causing a SUV roll over and resulting in severe bodily injury and death to our clients. (Ford SUV with Continental Tires). We are in litigation, against with Ford SUV and Bridgestone Tires.
Chrysler Jeep Liberty and Cherokee recall:
Pursuant to demand from the National Highway Traffic Safety Administration, (NHTSA), a federal agency that monitors automobile safety, Chrysler has agreed to a massive recall involving its Jeep Liberty and Jeep Cherokee. Our firm was recently retained to look into potential product liability and wrongful death of our client when her vehicle, a Jeep Liberty, wrecked and rolled over. We will be working with the Law offices of Beasley Allen (Attorneys Labarron Boone, Greg Allen, Cole Portis) in prosecuting these claims.
TOO EARLY TO RECALL: HYUNDAI SONATAS*.model years 2006-2008:
Highway Traffic Safety Administration, (NHTSA), has opened an investigation into possible suspension failures of the Hyundai Sonata sedan, a model that is built in Montgomery, the automaker*s Alabama factory. NHTSA says it has received six complaints of rear suspension control arm failure due to corrosion in model year 2006 Sonatas. An estimated 393,000 Sonatas model years 2006-2008 are involved in the investigation. The concern is that rust in the frame can cause control arm failure, which affects that wheel hubs.
Toyota, Honda and Nissan announce air-bag related recall;
Hyundai & Kia recalls almost 1.9 million vehicles to fix problems with airbags and brake light switches.
General Motors has recalled a small number of 2013 Buick Encores because the steering wheel could come loose or separate from the steering column.
Our firm continues to pursue claims on behalf of employees who suffer severe bodily injury and/or death within the line and scope of their employment. We have recently mediated and settled a claim arising from an injury on a road construction work site. Our client has had to undergo two hip replacement surgeries and has been opined to having a 100% vocational disability. Such claims often fall within the jurisdiction of the Alabama Workers* Compensation Act. Of course, there may also be OSHA violations, wrongful death and even product liability claims against manufacturers with respect to machinery being utilized by the employee at the time of the injury.
APARTMENT FIRE CASE SETTLED:
Our firm, in conjunction with Beasley Allen, (Attorneys LaBarron Boone and Rick Morrison) litigated and settled a case against an apartment complex in Andalusia, Alabama and its management company. Our client suffered second and third degree burns over 20% of her body when a fire started on the stove in the kitchen of the apartment she was renting from the defendants. Our investigation revealed that smoke detectors did not work, neither did the complex provide fire extinguishers as required by law. In addition, the fire stop canisters installed under the hood of the stove to extinguish grease fires did not work. Had the canisters deployed, the grease fire would have been extinguished immediately.
Copyright 2013. A Wesley Pitters, P.C. . All rights reserved.