The attorneys at Marsh, Rickard & Bryan, P.C., have decades of experience representing clients in complex litigation cases. See examples of our case results below, organized by practice area.

Brain Injury Case - $30 Million Verdict in Jefferson County, Alabama

In May 2018, a Jefferson County jury awarded more than $30 million to a young boy who was badly hurt while he rested at a Birmingham daycare, Ressurection of Life. Attorneys David Marsh and Dylan Marsh tried the case for the little boy, Christian Dailey, and his parents, Mark and Valerie Dailey. The case grows out of a tragic event on September 25, 2015. Christian, who was 23 months old then, was sleeping in a room with other children. He was lying on the floor directly in front of a television set up on a dresser. There was no daycare worker in the room when something caused the television to fall nearly four feet and land on Christian's head. Christian was taken to Children's Hospital of Alabama where he was treated for a skull fracture, a brain bleed and respiratory failure with hypoxia. Christian has not, and will not, ever fully recover from the trauma to his brain. His injuries are permanent and catastrophic. Resurrection of Life Inc. fell into an exception in Alabama law that allows religious-affiliated daycares to operate without typical licensing and safeguards. It is David's hope that this verdict can be used to change the law so that all daycares in Alabama are held to the same safe standards. David says "all child care facilities should be required to have an appropriate child-to-staff ratio, undergo safety inspections, and have insurance".

Workplace Accident – Confidential Settlement In Houston County, Alabama

Roger Lucas settled a lawsuit growing out of an on-the-job injury and death. Roger represented the widow of a man who worked as a shipping area supervisor in a large dairy plant. As part of his job, he had to work inside the facility and outside in the yard area. The yard area was heavily trafficked, with trucks and trailers coming into and leaving the dairy all the time. Our client's husband was run over by a fellow employee operating an industrial truck that was used to move trailers around the yard. He was permanently paralyzed and died 16 months later due to his injuries and their complications.

The case focused on a safety inspection jointly performed by an independent contract safety inspector and the national corporate safety director for the dairy's parent company. Their inspection report to the local dairy failed to identify a lack of traffic control in the yard and hazardous work procedures that were changed after our client's husband was run over.

Automobile Death – $4.5 Million 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.

Medical Malpractice And Fraud – $16 Million Verdict In Jefferson County, Alabama

A Jefferson County state court jury awarded a Birmingham couple $16 million in damages after finding that Brookwood Medical Center violated the standard of care for labor and delivery and participated in reckless fraud. MRB attorneys David Marsh and Rip Andrews tried the case for the couple, Caroline and J.T. Malatesta.

In March 2012, Caroline wanted nothing more than a safe and uneventful natural childbirth experience. After having three healthy children in the standard medicated way, Caroline was first drawn to natural childbirth by the ads Brookwood Medical Center ran on television, magazines and the internet. Those Brookwood ads emphasized a mother's choice, individual birthing plans and freedom of movement, and they even mentioned water births. Caroline met with her newly chosen doctor at Brookwood and asked lots of questions before finally committing to a delivery at Brookwood.

The so-called natural childbirth experience at Brookwood turned out to be a nightmare for the Malatestas. Caroline had no freedom of movement; instead, she was restrained, sometimes forcibly. Caroline was offered no choice – it was the nurses' way or no way. At one point, a nurse held the baby's head to slow down delivery. Thankfully, Caroline delivered a healthy son but was left with painful and debilitating physical injuries she will have to endure the rest of her life. These injuries leave her little ability to be the sort of mother or wife she was before all this happened.

Brookwood Medical Center defended the case by arguing that Caroline was at fault and that her injuries were not caused by the delivery.

The jury award $10 million in compensatory damages for the pudendal neuralgia nerve injury Caroline suffered during childbirth, $1 million to her husband for loss of consortium and $5 million in punitive damages for reckless fraud related to the Brookwood ad and marketing campaign that had made certain promises about natural childbirth.

Trade Secrets – Confidential Settlement In Birmingham Federal Court

Mike Beard, Rip Andrews, Derrick Mills, David Marsh and Jane Mauzy settled an intellectual property case for an Alabama-based small business against a national corporation recognized as one of the world's largest makers and suppliers of professional audio equipment.

The Alabama business came up with a unique design for a wakeboard tower speaker. The allegation was that the national corporation wrongfully used the design in violation of a confidentiality agreement entered into between the parties. Once its trade secret was misappropriated, the Alabama business found it impossible to exercise its ownership rights and locate a new manufacturer capable of bringing the product to market. As a result, the Alabama business was forced to file a lawsuit in order to recover the value of the trade secret and right this wrong.

Automobile Injury – $833,709 Verdict In Jefferson County

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.

Trucking Case – Confidential Settlement In Calhoun County, Alabama

Jeff Rickard and David Marsh settled a case on behalf of a young mother of two small children who was seriously injured when an 18-wheeler crashed into her automobile from behind, knocking her across the median and into oncoming eastbound I-20 traffic. She was then struck head-on by another tractor-trailer.

The case focused on Federal Motor Carrier safety rules and regulations, including provisions on driver disqualification. As a result of the wreck, our client suffered a spinal cord injury and a traumatic brain injury. She is now a paraplegic and will be confined to a wheelchair the rest of her life. The settlement took into account the fact that her husband is now her primary caregiver.

Pedestrian Crossing Case – $4 Million Verdict In Jefferson County, Alabama

The case grows out of injuries Trudy Roy suffered in 2006 when a police motorcycle operated by Officer Jerry Suttles collided with her while she was crossing the street. Mrs. Roy suffered serious personal injuries as a result, but later died from unrelated causes. Because police officers are not typically subject to suit, in order to award damages in Mrs. Roy's case, the jury first had to decide that the officer violated the law. In fact, just to get this case to trial before a jury, attorney Rip Andrews had to first win several appeals at the Supreme Court of Alabama.

For nearly two weeks, the jury heard evidence of how Mrs. Roy got hurt. It happened while Officer Suttles and other officers were providing a police escort for a charity parade. The speed limit in the area was 25 miles per hour, but the jury found that the officer exceeded the speed limit even though there was no emergency and he did not use his siren. Before Mrs. Roy stepped into the road, another police officer told her she was clear to cross. Officer Suttles couldn't explain why he didn't see Mrs. Roy in the middle of the road.

Burn Case – Confidential Settlement In Jefferson County, Alabama

David Marsh and Susan Silvernail settled a case on behalf of a young girl who suffered electrical burns while playing at a municipal soccer complex. The girl came into contact with an electrical transclosure, which was located next to a playground. The case centered on allegations that the young girl would not have been burned if the transclosure had been properly safeguarded. David and Susan developed evidence that showed that skilled electricians had been on-site numerous times before the little girl was hurt but did not remedy the problem.

Machinery Case – Confidential Settlement In Madison County, Alabama

Mike Beard and Derrick Mills settled a case on behalf of a man who lost his leg from an on-the-job injury. At the time, the client was working for a contractor that provided paper-shredding services for various agencies of the federal government. The shredder he used was so large that it was mounted to a flatbed trailer. It was also brand new, but it literally came apart while it was operating; large pieces of fan blades struck the client's right leg, which later had to be amputated.

Medical Malpractice – $2.5 Million Verdict In Marion County

A Marion County jury returned a $2.5 million verdict against a nursing home in Winfield, Alabama. David Marsh and Derrick Mills represented the plaintiff and tried the case. The case grew out of the wrongful death of Norman Rhodes, a 62-year-old man who was admitted to the Golden Living Nursing Home for care and therapy following two strokes.

Mr. Rhodes suffered a traumatic catheter injury, which resulted in a loss of blood that led to his death. There was evidence that the catheter injury happened when Mr. Rhodes was improperly turned by nursing home personnel. The jury considered evidence that Mr. Rhodes was unable to turn himself and could not have pulled out his catheter by himself. Also, there was evidence that the risk of injury was substantially increased when the nursing home employees failed to use a leg strap to hold Mr. Rhodes' catheter in place.

Contact Marsh, Rickard & Bryan, P.C. to see how we can represent your case.

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.