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THE Alabama JURY VERDICT REPORTER BLOG
A quick look at verdicts, trial news or other stories of interest to Alabama litigators
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Published 10-10-24
$3.825 million employment verdict (§ 1981 and Retaliation) against UAB Medical brought by an Iranian researcher
The plaintiff, a naturalized citizen from Iran, who worked as a cancer researcher at UAB alleged a co-workers secretary sexually harassed her for years, and when she finally complained to her boss at UAB, he told her the secretary was Mafia-connected and begged her not to make a complaint to the Department Chair. They struggled and her boss called the cops. The plaintiff was arrested and fired.
The plaintiff sued the secretary and alleged § 1981 race discrimination. She also UAB and alleged retaliation for having complained of that harassment. The defendants denied it all.
On 9-9-24 in Birmingham (after a five day trial), the plaintiff took a total of $3.825 million. That was assessed $825,000 to the secretary and $3,000,000 to UAB.
Plaintiff has since sought equitable relief, while both defendants have moved for JNOV/New Trial relief. All motions are pending.
Teri Ryder Mastando (pictured) and Eric J. Atrip (Mastando & Artrip) Huntsville for the plaintiff
Anne R. Yeungert (Bradley Arant) for UAB and Lynlee Wells (Jackson Lewis) for Cagle
Report coming in the November 2024 edition of the Alabama Jury Verdict Reporter.
Judge Proctor's post-trial order explaining why he won't enter a judgment. The court also struck the plaintiff's motion for attorney fees as premature. Why? There is no final order.
Published 9-16-24
Fascinating Negligence Verdict in Tuscaloosa against Joyride Tuscaloosa which provides late night rides from the bars in so-called "Low Speed Vehicles" after a student was injured coming home from the bars when she fell out of an LSV
The plaintiff, a senior at Alabama, closed down The Booth (a bar in downtown Tuscaloosa) and got a ride home with Joyride Tuscaloosa. Joyride operates LSV (Low Speed Vehicle) rides around campus. The LSVs are essentially street legal golf carts. As her LSV made a low-speed U-Turn, Alex tumbled out and sustained a scratched face and black eye. She has suffered scarring described as an "asphalt tattoo."
Allen sued Joyride and alleged negligence by the operator as well as her UM carrier, Allstate. Joyride was insolvent and the case proceeded against Allstate which "opted out" in defending in Joyride's name.
The defense denied negligence and blamed Allen for not wearing a seat belt.
A key piece of evidence was nearby surveillance footage. The plaintiff thought it showed a negligent turn while the defense focused it showed Allen not wearing a seat belt. This image is from video of the incident as Allen tumbles out.
The case was tried in Tuscaloosa for three days this August. A defense verdict was entered and was followed by a consistent judgment.
Full report forthcoming in the October 2024 edition of the Alabama Jury Verdict Reporter, 24 AJVR 10
Maridi Huggins, Maridi Huggins Law, LLC (Pelham) for the plaintiff
Stewart W. McCloud (pictured) and William T. Thompson, Huie, Fernambucq & Stewart, LLP (Birmingham) defending
The jury verdict
Published 9-12-24
Products Liability verdict in Mobile -- Plaintiff suffered a severe injury when his hand became caught in a paper mill conveyor belt
A worker at a Louisiana Pacific wood mill in Thomasville, GA suffered a devastating injury when his arm became caught and pulled into a conveyor belt. In this lawsuit the worker blamed the manufacturer of the conveyor belt for failing to protect the “nip point” with a guard. The manufacturer replied the nip point was guarded by location and positioning. The jury returned a verdict on liability for the manufacturer (Teal Sales Incorporated) and the plaintiff took nothing.
Matthew R. Griffith, Wyatt P. Montgomery, Kendall C. Dunson and Evan G. Allen, Beasley Allen, Montgomery and Stewart Howard, Mobile for the plaintiff
Adam K. Peck, Sanford G. Hooper and W. McKinley Dunn, Lightfoot Franklin & White, Birmingham defending
Judge Beaverstock called balls and strikes
Jury verdict returned 8-6-24
Full report in the September 2024 edition of the Alabama Jury Verdict Reporter, 24 AJVR 9.
An expert recreation of the accident
Published 7-8-24
July 2024 edition out this week (24 AJVR 7) and features a products liability case involving a hip replacement component
This month's issue features a products liability verdict tried in federal court in Mobile. Here is the case heading summary:
Products Liability - The plaintiff alleged her hip replacement component (the Pinnacle system manufactured by DePuy) failed because the so-called liner was too weak, which led to its failure and then revision complications
Ahmed v. DePuy Orthopedics, 1:22-190
Plaintiff: John D. Richardson and Abby M. Richardson, Richardson Law Firm, Fairhope
Defense: Joseph B.P. Babington, Helmsing Leach Herlong Newman & Rouse, Mobile, Terri L. Bruksch, Barnes & Thornburg, Indianapolis, IN and S. Eric Rumanek, Troutman Pepper Hamilton Sanders, Atlanta, GA
Verdict: Defense verdict on liability
Federal: Mobile, 6-6-24
Judge: Kristi K. DuBose
Subscribe to the Alabama Jury Verdict Reporter for all the details.
The first page and table of contents below:
Published 5-24-24
Elderly couple killed in a right-of-way collision -- Dothan jury awarded wife $50,000 for the woman's estate and just $1.00 for the husband
The plaintiffs in this case were killed in a right-of-way collision in a heavy rainstorm and blamed the defendant in this case brought pursuant to Alabama's Wrongful Death statute. The only available remedy was punitive damages.
The jury had an interesting verdict. The woman's estate took $50,000 while the husband took nothing. The court instructed the jury that their result was inconsistent. The jury deliberated again and asked if a $1.00 award was acceptable. The presiding Judge John Steensland told the jury that it was.
And that's just what the jury did. It added $1.00 for the husband. The trial court subsequently granted a new trial and the defendant appealed. The appeal is pending.
Blaine C. Stevens, Samuel A. Cherry, Jr., and Thomas T. Anderson, Cherry & Irwin, P.C., Dothan for the plaintiff
Joshua J. Jackson and Kevin W.R. Bufford, Samford & Denson, LLP., Opelika defending
Report coming in the June 2024 edition.
Published 2-19-24
Vasectomy error alleged when urologist did an additional procedure to remove penile skin bridge which caused erections and intercourse to be painful
This case alleged error by a urologist in performing a vasectomy when the doctor corrected a "penile skin bridge" during the procedure. This purportedly led the plaintiff (Wesley Rape) to suffer painful erections and intercourse. In this case he alleged the removal of the penile skin bridge was unnecessary and he had not consented. The urologist, Dr. Mamoun Pacha, believed the procedure was necessary, within the informed consent and there as no urological basis for the plaintiff's complaint.
A Talladega jury returned a defense verdict (12-14-13) after a four-day trial.
Full report in the February 2024 edition of the Alabama Jury Verdict Reporter, 24 AJVR 2.
Derrick Blythe, Alexander City for the plaintiff
Michael K. Wright, Allen C. King, and Mary Pat Grizzle, Starnes Davis Florie, LLP., Birmingham
Judge William Hollingsworth on the bench.
Published 12-31-23
January 2024 preview (24 AJVR 1) published
Published 12-29-23
Buc-ee's Slip and Fall verdict in Mobile
We are finishing 2023 with a look at a recent verdict in Mobile (federal court) against everyone's favorite giant travel/retail store, Buc-ee's.
In the aftermath of Hurricane Sally, the plaintiff slipped on a wet floor in a crowded vestibule and suffered a brain bleed. He alleged the store had taken inadequate measures in light of the storm and the heavy traffic. Buc-ee's replied it had warning cones, a worker with a mop as well as a shop-vac like device called a Swingo, all pictured below.
A federal jury rejected the case on liability.
Brian Traywick, Shunnarah Trial Attorneys for the plaintiff
James Rebarchak and Joseph Steadman, Jones Walker defending
Judge Terry Moorer on the bench.
Published 12-11-23
We've closed Volume 23 with the December issue -- We'll start No. 24 in January! The first issue was in November of 2001
See the preview below of the interesting December 2023 edition. Best to all for holidays.
Published 11-3-23
November 2023 edition (23 AJVR 11) edition preview published . . .
Another month . . .another issue. We've got the issue preview for November 2023. Full issue out next week in PDF.
Order the Alabama Jury Verdict Reporter
Published 10-4-23
October 2023 (23 AJVR 10) preview has been published -- full issue out later this week
Published 10-2-23
Trial Judge (Moorer, Southern District) struggles to properly maintain the public court record
Judge Terry Moorer in the Southern District seems to be struggling to maintain the court record. He recently presided over a civil case that went to a jury trial in Selma. It involved three police officers who alleged they were illegally terminated.
The jury heard the proof. It deliberated. It returned a verdict. All three plaintiffs prevailed and took damages. It was all in a public courtroom.
Here's the thing. In Judge Moorer's court the verdict is a state secret. It's not even reflected on the docket sheet. It's not just not public. The court has secreted that it even happened. There is apparently a final judgment too but because of the mismanaged organization of the public record, that's not clear either.
K. David Sawyer, McPhillips Shinbaum, Montgomery represented the plaintiff.
Brad Everhart and Randall Morgan, Hill Hill Carter, Montgomery defending.
The docket sheet below reflects the secret and missing documents, notably, the secret "190" entry which is the jury verdict. It's weird. There is literally no other federal court in the United States that does that.
Published 8-21-23
$2.1 Hospital Negligence (death) verdict in Baldwin County
An elderly woman admitted to the hospital for removal of a benign tumor developed a pressure sore on her tail bone; after the sore became septic and the woman died, her estate blamed her death on the two hospitals where she had been a patient. The hospitals denied fault and argued the condition was already untreatable at the time of the woman's admission.
Report coming in the September 2023 edition of the Alabama Jury Verdict Reporter.
Kasie M. Braswell (pictured) and D. Brian Murphy, Braswell Murphy, LLC., Mobile for plaintiff
W. Craig Hamilton and Forrest C. Wilson, III, McDowell Knight Roedder & Sledge, LLC., Mobile
Judge Joseph Norton on the bench in Baldwin County
Published 8-7-23
The August 2023 edition has been published (23 AJVR 8)
Published 6-21-23
$1,403,400 verdict in a "firearms negligence" case from Huntsville -- plaintiff shot by party-goers on a nearby property in Hazel Green who were firing off their guns
The plaintiff was at an Easter Party in rural Hazel Green with her children. They had an Easter Egg hunt and rode four-wheelers.
At a nearby party the defendants (there were three sets of them), were drinking beer and shooting guns.
Suddenly the plaintiff felt a burning sensation in her calf. She'd been shot in the leg and later complained of a soft-tissue shock wave.
Plaintiff sued the defendants and alleged negligence and wantonness in drinking beer and firing their weapons dangerously. The defendants denied being drunk or that they had shot the plaintiff. They noted that firing off guns is common in Hazel Green and it could have been any of many weapon enthusiasts.
The jury found for the plaintiff on negligence (but not wantonness) and awarded her $1,408,400 against the defendants.
Ralph Hornsby, Jr. and William Heyward, Hornsby Watson Hornsby & Heyward, Huntsville for the plaintiff
Albert Trousdale for Clegg, Earl Forbes for Wiley and Carl Cole for Lake defendants
Judge Chris Comer on the bench
Full verdict report (Riddle v. Clegg et al) coming in the July 2023 edition.
Published 5-31-23
Auto Negligence Defense Verdict in Federal Court in Birmingham -- Returned 5-23-23
The plaintiff traveled on busy Hwy 31S in Homewood when another vehicle pulled in front of her. The plaintiff hit the brakes and stopped. The defendant, a Samford sophomore, couldn't stop in time and rear-ended the plaintiff. The plaintiff subsequently had a multi-level fusion surgery.
Plaintiff sued the defendant and blamed her for the rear-ender. Defendant cited a sudden emergency in the traffic stopping in front of her.
A federal jury bought the defense and exonerated the defendant.
Elisabeth Bailey, Erby Fischer and Victoria Dye (Morgan & Morgan) Birmingham for the plaintiff
Priscilla Williams (Christian & Small) Birmingham defending
Judge Staci Cornelius (Magistrate) tried it.
Report coming in the June edition of the Alabama Jury Verdict Reporter.
A photo of the plaintiff's vehicle at the scene
Published 4-25-23
$1,460,000 Trucking Verdict in Federal Court in Montgomery
In the April 2023 edition we wrote about an interesting trucking verdict from federal court in Montgomery. The plaintiff, in a big rig, alleged the defendant, also a trucker, accelerated to make a left turn in front of him (that acceleration was reckless) and a collision occurred. Plaintiff complained a large herniated disc.
The jury awarded compensatory damages of $1.335 million and assessed $125,000 more in punitives for a total verdict of $1,460,000. Verdict returned the last day of March.
Adam Parker and Reginald McDaniel for the plaintiff
Jonathan Corley and Blake Oliver defending
Judge Keith Watkins tried it.
The verdict form on dam
ages is below.
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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:
Subscribe to the Alabama Jury Verdict Reporter
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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
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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.
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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:
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Published 12-4-22
December 22 edition (22 AJVR 12) has been published -- coming soon -- keep an eye out for your mailbox
Subscribe to Alabama Jury Verdict Reporter
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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
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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.
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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.
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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.Subscribe to the Alabama Jury Verdict Reporter in the online store.
The preview (the first page) is the image.
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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:
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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:
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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:
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