Published 2-6-23

Preview of the February 2023 edition (23 AJVR 2)

The February 2023 edition (23 AJVR 2) will be out a little later this week. Here's what we are writing about this week. Keep an eye out for the PDF (late Tuesday or early Wednesday) if you're subscribing. If you're not . . . you can subscribe here:

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Published 2-1-2023

$1.5 million Auto Negligence verdict from Chambers County

The plaintiff suffered a T-12 compression fracture among other injuries in a significant crash where the defendant had fallen asleep. A Chambers County jury awarded the plaintiff a general verdict of $1.5 million which was 78 times the plaintiff's medical bills. Report coming in the February 2023 edition.

Erby Fischer (Morgan & Morgan) Birmingham for the plaintiff

Jarrod Bazemore (Smith Spires Petty) Birmingham defending

Judge Martin tried it

Published 1-4-23

The January 2023 edition (23 AJVR 1) is finished

Here's a preview of the January 2023 edition. The 2022 Year in Review (21st edition) will be out a little later this month.

Published 12-28-22

Alabama State softball coach alleged gender discrimination after her suspension -- $800,000 verdict in Montgomery

Alabama State suspended its softball coach (Telma Hall) in March of 2014 after two parents complained the players were being mistreated in terms of gear, meals, and access to the cafeteria. One parented threatened to sue. ASU immediately suspended Coach Hall and banned her from campus. She was fired a month later.

Coach Hall sued and alleged her suspension represented gender discrimination. Why? Male coaches faced much worse allegations (drugs, violence, sexual misconduct) and were not suspended summarily. Alabama State denied everything.

A federal jury found for Coach Hall and awarded her $800,000 for her emotional pain and mental anguish associated with the suspension. She had alleged other claims including retaliation and pay differential, but those were resolved against her by summary judgment.

Candis McGow and Lacey Danley, Wiggins Childs, Birmingham for Hall

Kenneth Thomas, Ramadanah Salaam-Jones and Joi C. Scott (in-house) for Alabama State

Jerusha Adams called the balls and strikes in Birmingham

The Jury Verdict:

Coach Hall and the Hornets (from 2013) pictured below:

Published 12-4-22

December 22 edition (22 AJVR 12) has been published -- coming soon -- keep an eye out for your mailbox

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Published November 22, 2022

$645,837 First Amendment Retaliation for Auburn Professor who opposed clustering athletes in certain majors

Professor Michael Stern (Economics) of Auburn spoke out publicly that athletes were clustered in a Public Administration program. He did so at the Faculty Senate, in the Wall Street Journal and the Chronicle of Higher Education. Thereafter he was discharged as Department Chair among other retaliation by the university. Stern sued and advanced a First Amendment Retaliation case to trial.

Stern prevailed against Dean Airstrup and took damages of $645,837 including $500,000 in punitive damages. Two other Auburn officials were exonerated.The verdict was returned on 11-15-22.

John Saxon, Alicia Haynes and Cynthia Wilkinson for the plaintiff

John Smith, Aria Allen, Charles Burkhart and David Boyd of Balch & Bingham for Auburn

Judge Corey Maze on the bench in Opelika

Professor Stern in the Chronicle of Higher Education article

A portion of the verdict form

Published November 1, 2022

Products Liability ladder case tried in Florida by Alabama attorney Brett Turnbull

D. Brett Turnbull and Drew E. Haskins, IV of Turnbull Holcomb & Lemoine in Birmingham, AL, recently tried a products liability case in federal court in Ft. Myers, FL. The plaintiff fell from a Little Giant model articulating ladder while hanging Christmas decorations. The plaintiff suffered facial fractures and a brain injury.

The plaintiff alleged the ladder had a "false lock" defect and had been improperly modified after being imported from China. Little Giant blamed the accident on misuse by the plaintiff.

The case was tried for six days. The jury's verdict on 9-16-22 was for Little Giant and the plaintiff took nothing.

Little Giant was defended by Robert Bourgeois, Banker Lopez Gassler of Tampa.

Judge Sheri Polster Chappell was on the bench.

Davis v. Little Giant Ladder Systems, 2:19-780, Florida Middle - Ft. Myers

The Little Giant ladder in question.

Published 10-25-22

Pickens County Auto Negligence Defense Verdict 9-28-22

The defendant pulled to a stop sign on CR 75 and U.S. 82 in Pickens County. The plaintiff had the right of way on U.S. 82. As the defendant pulled across the road, there was a collision. The defendant postured that the plaintiff's headlights were not on. There were fact disputes as to whether the sun had set, how dark it was and whether the headlights were even needed.

The plaintiff claimed assorted injuries, soft-tissue neck and back, PTSD, anxiety and depression.

The jury deliberated two hours before returning a defense verdict and the plaintiff took nothing.

Patrick Pantazis, Wiggins Childs, for the plaintiff.

Amanda Graham with Gaines Gault Hendrix defended the case.

Judge Samuel Junkin on the bench.

Published 10-4-22

The October 2022 edition preview

Here's a quick look at the October 2022 edition. It starts off with a med mal from Birmingham involving an esophagael perforation. We also report on an interesting Assault/Negligence case from federal court in Mobile that involved a fight between two Spring Hill students. Interestingly the jury awarded $1.00 for the plaintiff's pain and suffering (he was knocked out and sustained a skull fracture) and $20,000 more in punitive damages.

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The preview (the first page) is the image.

Published 10-3-2022

Fight at Spring Hill leaves student with a skull fracture -- jury awards him $1.00 for his pain and suffering

There was a verbal altercation late at night near a Spring Hill dorm. It was about a girl. The plaintiff, a soccer player, came to assist his friend and break up the fight. As the plaintiff walked away, he was blindly struck by the defendant, a golfer at Spring Hill. Plaintiff sustained a skull fracture and a brain jury.

Plaintiff (he's from Athens, Greece) sued the attacker and alleged negligence and wantonness in federal court. The plaintiff prevailed and took a $1.00 in compensatory damages and $20,000 more in punitive damages for a total of $20,001.

Eaton Barnard, Taylor Martino, Mobile for the plaintiff

Faith Nelson, Carr Allison, Daphne defending

Judge Kristi DuBose presided

Case Documents:

Pretrial Order

The Jury Verdict

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Published October 2, 2022

$1.5 Million UIM Verdict in Dallas County -- Verdict exceeds $200,000 policy limit

Plaintiff complained of myofascial pain and an SI joint injury after a right-of-way crash. The crash also aggravated a Klippel-Feil syndrome where two vertebra in the plaintiff's neck were fused. Plaintiff settled with the tortfeasor for their $100,000 limits and sought UIM coverage from his carrier, State Farm. The UIM limits were $200,000.

The verdict was for the plaintiff in the sum of $1.5 million, the judgment reducing it to State Farm's limits.

John Gibbs (pictured), Gibbs & Sellers, Demopolis and Rickman Williams, Selma for the plaintiff

Kevin Hon and Mark Hess (Hand Arendall) Birmingham defending

Judge Marvin Wiggins called the balls and strikes

Case Documents:

Final Judgment

Published 9-26-22

Infant sustained a hypoxic birth injury and subsequently died -- the estate alleged the Ob-Gyn botched the delivery -- Etowah Co Defense Verdict

An infant suffered a hypoxic brain injury during a c-section and died shortly thereafter. The estate alleged technical errors in the delivery all of which led to the infant's demise. A defense verdict was returned.

The verdict report:

Stephen Heninger and Brandy Robertson, Heninger Garrison Davis, Birmingham, for the plaintiff

Joel A. Williams and James W. Moss, Friedman Dazzio, Birmingham defending

Judge Sonny Steen on the bench

Case Documents:

Jury Verdict