Automobile Deaths - Tuscaloosa County, Alabama
Roger Lucas and David Marsh settled a case on behalf of a mother who lost both of her daughters in a horrific car wreck that occurred this year in rural Tuscaloosa County. The girls were eleven years old and thirteen years old at the time of their deaths. The girls were rear seat passengers in a car riding on a rural stretch of U.S. Hwy 82, when the car was rear-ended by another vehicle. The impact was so great the girls' car flipped and rolled twice. The driver who hit them was estimated to be traveling at a speed of more than 85 mph. The driver, who is a retired Challenger space shuttle astronaut, admitted to drinking before he got in his car but refused to consent for an alcohol/drug test. He has been charged with two counts of reckless murder and awaits trial. At the time of this wreck, the driver was on probation for a DUI to which he had pled guilty after rear-ending another victim in California.
Automobile Injury - Jefferson County, Alabama
A Birmingham police officer who was hurt while working an accident on Interstate 65 North was awarded $833,709 by a Jefferson County jury. The injured police officer was represented by MRB attorneys Rip Andrews and Ben Ford. Sergeant Demus Smith was standing on the roadway at the scene of a wreck when a drunk driver hit his parked patrol car, which then struck Sergeant Smith. The drunk driver was said to have been traveling at about 65 mph when he crashed into the line of four patrol cars, all of which had emergency lights activated. Sergeant Smith suffered a crush injury to his right foot and ankle. He was out of work for about six months. The lawsuit was brought against the driver, the owner of the car, and Sergeant Smith's uninsured motorist insurance carrier, State Farm Mutual Automobile Insurance Company. The driver and the owner of the car were never found again, so the trial proceeded to verdict against State Farm. The jury awarded $33,709.21 in compensatory damages and $800,000 in punitive damages.
Dram Shop - Confidential settlement in Jefferson County, Alabama
David Marsh and Mike Beard settled a case for a woman severely injured in a collision with a drunk driver on Highway 280 in Birmingham. The drunk driver's blood alcohol level was more than three times the legal limit. A thorough investigation by MRB revealed that the young man had been drinking alcohol with friends at three different establishments though the entire night and into the early morning hours until the wreck occurred. Arguably, he was visibly intoxicated at all three places but he was still served more alcohol. Our client suffered pelvic and rib fractures and serious internal injuries. She underwent multiple surgeries but was left with permanent nerve damage. She has difficulty walking and is constantly in pain.
Automobile Death - $4,500,000 Verdict in Cullman County, Alabama
A Cullman County jury returned a $4.5 million verdict against the City of Hanceville and one of its police officers. David Marsh and Rip Andrews tried this case involving a police officer who failed to follow the rules of the road. One winter night, a 77-year-old Hanceville woman was on her way home from work when her car was struck broadside by a Hanceville police vehicle. The officer was not in pursuit or responding to an emergency call at the time of the wreck. David and Rip told the jury that our client could not see the police car because the officer did not turn on his vehicle's siren or blue lights, in violation of both state law and the policies and procedures of Hanceville Police Department. They also presented expert testimony that the police officer was traveling at approximately 90 miles per hour at the time of the wreck. The speed limit on this stretch of Highway 91 was 45 miles per hour. Defense counsel blamed the wreck on our client.
Automobile Death and Injury - Confidential settlement in Limestone County, Alabama
Jeff Rickard settled a significant car wreck case in which an elderly man died and his daughter was seriously injured. She suffered fractures of the hip, pelvis, ribs and neck. The accident occurred in northeast Alabama when another vehicle crashed into the rear of their vehicle knocking it off the road and into a culvert headwall. The driver who hit our client's car was a cable technician; the cable company claimed he was an independent contractor and refused to accept responsibility for his actions. Jeff was able to win the legal argument on this issue. He also secured a cellular data analysis expert who opined that the driver was using his smart phone to access the cable company's web-based data before and during the time of the collision.
These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.