Settlements and Verdicts
Ramsey v. Utility Lines Services Corporation
Circuit Court of Jefferson County, Alabama
Birmingham Division: CV: 06-5820
After several years of contentious litigation against several defense firms Barry W. Walker resolved a trucking accident case on behalf of his client for $1,000,000.00. Plaintiff, a former FedEx driver, was permanently injured when Defendant’s driver crashed into his vehicle.
In the course of written discovery and depositions, Mr. Walker uncovered damning evidence about the driver and the truck involved in the accident. Specifically, at the time of the accident, the truck and its trailer had bad brakes which caused the vehicle’s wheels to lock. Both the driver and a mechanic at Utility Lines were aware of the bad brakes on the truck before it was taken out on the day of the accident. The driver at issue had a very poor driving record including several speeding tickets.
Walker Law, LLC spared no expense in litigating this matter including taking all depositions by video and using software we have at our firm’s deposal like trial director to make a very compelling case at mediation. In the end, despite the fact that the case was vigorously defended on the issue of damages, Utility Lines was compelled to settle a month before trial was set. Judge Vance, of the Circuit Court of Jefferson County, Alabama had already granted Plaintiff’s Motion for Summary Judgment as to Liability. Therefore, the only matter to be tried in the case would have been actual and punitive damages.
Little v. City of Bessemer et al.
In the Circuit Court of Jefferson County
Bessemer Division; CV 06-821.
George Stokes, IV (six years old at the time of his death) was playing on a construction site that was intended to be a park. This construction site was well known as a place where children gathered and played but despite this no warning signs or barricades were ever put up regarding the construction. The site was at the center of a working class residential community. During the construction, huge trees were uprooted and soon thereafter it started to rain creating an artificial pool of water in the area where the trees stood over four feet deep. George, along with a large group of children, were playing near this pond when George, assuming the pond was a mud puddle, drove his bike in and drowned.
Barry Walker of Walker Law, LLC, along with Ralph “Buddy” Armstrong, PC reached a confidential settlement with the remaining Defendants on Monday, October 20, 2008, just as a jury was about to be chosen.
Nolan Awbrey and Barry W. Walker reach Landmark Settlement
October 29, 2008
Daniel and Cindy Morrow v. Alumni Forest
Products, Inc., d/b/a Idaho Timber of Florida
In the Circuit Court of Covington County, Alabama
Civil Action No: CV-06-18
Nolan Awbrey of Hare, Wynn, Newell and Newton and Barry W. Walker of Walker Law, LLC reached a seven figure settlement in a landmark products liability case on behalf of their client, Daniel Morrow. Mr. Morrow was rendered quadriplegic when he fell through the roof of a minnow barn he was working on in Opp, Alabama. After an exhaustive investigation counsel discovered that the wood used to build the structure was in a defective condition and unreasonably dangerous. The Plaintiffs alleged that but for the condition of the wood Mr. Morrow would not have fallen and permanently injured himself.
As a result of the hard work of both firms, Mr. Morrow and his family have achieved a measure of justice that will allow Mr. Morrow to live in comfort for the rest of his life and provide for his wife and children.
2004 -2007 Settlements and Verdicts
Medical Malpractice – Elaine and William McCloud v. HealthSouth Hospital; In the Circuit Court of Jefferson County, Birmingham Division; CV-04-3842.
Mrs. McCould was admitted to the hospital to undergo surgery and post-operatively was given an overdose of the antibiotic Gentimicin, which was later combined with the furosomide diuretic Lasix. Both drugs are known to cause ototoxicity (hearing loss) independently of each other but are more potent when combined. After this overdose, Mrs. McCloud suffered additional hearing loss. Her hearing was already impaired.
Settled pursuant to a confidentiality agreement.
Nursing Home – Lewis v. Fairfield Nursing and Rehabilitation Center, LLC; In the Circuit Court of Jefferson County, Bessemer Division; CV-04-788.
Edweener Lewis, while a patient at this facility, developed stage four Decubitus ulcers on her back, buttocks, and heels among other areas leading to her contract sepsis from which she nearly died.
Settled pursuant to confidentiality agreement.
Premises Liability – Tiffany and Jackie Hicks v. JC Penney, Inc., et al; In the Circuit Court of Jefferson County, Birmingham Division; CV-05-4266.
While six weeks pregnant Mrs. Hicks was a customer in the beauty salon at a J.C. Penney location in Birmingham. One hair stylist at the salon was cutting hair in two different chairs and failed to clean the hair up upon completion of her work in violation of state law. Mrs. Hicks fell as a result and lost her baby and permanently injured her back.
Settled pursuant to a confidentiality agreement.
Automobile Accidents – Wilbanks v. Rast Construction Company; In the Circuit Court of Shelby County, Alabama CV-04-694.
Mr. Wilbanks was rear-ended by a commercial vehicle owned by Rast Construction and rendered permanently disabled when he suffered a debilitating injury to his back requiring surgery.
Settled pursuant to a confidentiality agreement.
Wrongful Death – Little v. City of Bessemer et al.; In the Circuit Court of Jefferson County, Bessemer Division; CV 06-821.
George Stokes, IV (six years old at the time of his death) was playing on a construction site which was intended to be a park. This construction site was well know as a place where children gathered and played but despite this no warning signs were ever put up regarding the site. The site was/is in a residential community. During the construction a huge tree was uprooted and soon thereafter it started to rain creating an artificial pool of water in the area where the tree stood over four feet deep. Master Stokes, along with a large group of children were playing near this pond when George, assuming the pond was a mud puddle, drove his bike in and drowned.
One of the Defendants is this case, Jefferson County, Alabama, has settled for the maximum amount under Alabama law. This case is ongoing against the other named Defendants.
Insurance Bad Faith/Breach of Contract/Fraud – Hooks v. Encompass Insurance, Inc.; In the Circuit Court of Jefferson County, Birmingham Division; CV-03-5081.
Ms. Hooks' home burned down when her daughter accidentally caught her bedroom on fire while lighting scented candles. For nearly two years Ms. Hook attempted to resolve the matter on her own to no avail. Suit was filed and the case was subsequently mediated.
Settled pursuant to a confidentiality agreement.
PLEASE CHECK BACK SOON FOR A LIST OF CURRENT CASES IN LITIGATION.
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