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Friedman, Dazzio, Zulanas & Bowling News

 

Liability Insurance Policy Issued To An Interstate Motor Carrier Must Be Interpreted Consistently With The FMCSR

Jeff Friedman and Jess Boone obtained summary judgment in favor of a commercial automobile liability insurer in a coverage dispute involving whether the insurer had to defend or indemnify an interstate motor carrier for catastrophic personal injury claims asserted by a truck driver. ... Read more.

Defense Verdict Obtained in Anoxic Brain Injury/Wrongful Death Case

Friedman attorneys, Joel Williams and Jim Moss defended an ENT surgeon in north Alabama in an anoxic brain injury/wrongful death medical malpractice case. After a two week trial which ended on April 26, 2013, ... Read more.

Eleventh Circuit: Premises Owner Owes No Duty To Independent Contractor's Employee

Jeff Friedman and Jess Boone obtained full summary judgment in federal district court for their client, an airplane glass manufacturer, in a catastrophic injury premises liability case, which was affirmed on appeal by the Eleventh Circuit. The plaintiff was employed as a construction helper ... Read more.

Growing Opportunities in Entertainment Law

From the day a law student gets sworn into the State Bar of their choosing, he or she will be consistently asked what type of law they practice. For some, it can be answered "civil," "criminal," "family" or another broad category or law. Read more.

Alabama Supreme Court Limits Forum Shopping In Personal Injury Lawsuits

Jeff Friedman and Jess Boone successfully transferred a personal injury liquor liability lawsuit from plaintiff friendly Barbour County to Escambia County under the "interest of justice" prong of Alabama's forum non conveniens statute, Alabama Code § 6-3-21.1. Although § 6-3-21.1 was enacted in 1987, ... Read more.

Friedman, Dazzio, Zulanas & Bowling obtains Defense Verdict in a Fraud, Breach of Contract, Negligence Case in Jefferson County

On May 27, 2010, a lawsuit was filed against Friedman, Dazzio, Zulanas & Bowling's ("FDZB") client arising out of alleged construction defects which they discovered after purchasing the Birmingham residence. In their Complaint, the plaintiffs asserted the following counts: ... Read more.

Friedman, Dazzio, Zulanas & Bowling obtains summary judgment for general contractor in work site catastrophic injury lawsuit.

On October 7, 2011, Friedman, Dazzio, Zulanas & Bowling attorneys Jeff Friedman and Lee Patterson obtained full summary judgment in favor of a general contractor in a lawsuit arising out of catastrophic injuries suffered by an employee of a subcontractor ... Read more.

The Alabama Court of Civil Appeal's Decision in Crocker v. Grammar;
How it will effect future personal injury litigation

The Alabama Court of Civil Appeals recently released a decision addressing the interplay between Alabama's Collateral Source Statute, which provides in pertinent part ... Read more.

Analysis of chronic pain and depression relative to permanent and total disability

Mr. Dingman was working for Caseco, LLC in April 2001 on a construction project when he sustained a significant injury to his left leg and ankle when approximately 3,000 pounds of bar joists landed on his left leg. Following treatment of a fracture to the left ankle, ... Read more.

Authority of Employee's Physicians to Control Treatment

Charles Wilson sustained an on-the-job back injury while working for Imerys USA. He requested a panel for orthopaedist after becoming dissatisfied with his treating physician. The plaintiff selected Dr. Dewey Jones who treated the plaintiff between January 2007 and April 5, 2007, ... Read more.

The Supreme Court of Alabama's clarification of causation pursuant to the Alabama Workers' Compensation Act

In a recent decision by the Supreme Court of Alabama, the Court specifically addressed the causation issue in the context of a worker's compensation claim. Ex parte Patsy Patton d/b/a Korner Store, 1080960 (Ala. 2011). In Patton, the Supreme Court of Alabama considered the appeal ... Read more.

Premises Liability Claims

A new case has just come across your desk involving a fall at one of the many retails stores you insure. The injuries were fairly severe. You have been asked to perform an early evaluation of the case in an effort to cut-off a potential lawsuit. As you are agonizing over how to properly evaluate this claim... Read more.

Uninsured/Under-insured Motorist Coverage

According to law, every automobile policy issued in the State of Alabama must contain uninsured/under-insured motorist ("UM/UIM") coverage. Ala. Code ' 32-7-23 (1975). An insured may opt out of this coverage by providing written notice to their insurer that they do not want UM/UIM coverage,... Read more.

Jury Selection In A Motor Vehicle Accident Case: A Defendant's Perspective

Ala. Code §12-16-6 (1975), places responsibility on the trial court to determine proper juror qualifications. Rule 47 ARCP gives the trial court the latitude to allow attorneys the right to participate in juror qualification. ... Read more.

Insurance Coverage For Loss Of Consortium Claims

It is not unusual for an uninjured party to claim he or she is entitled to his or her own liability limit, separate and apart from the liability limit provided to an injured party, under either a tortfeasor's automobile liability policy or his or her own uninsured/underinsured motorist coverage. ... Read more.

What you can get in discovery: Recent decisions on the scope of discovery

While we all tend to think of winning a trial in terms of a brilliant cross-examination or an outstanding closing argument, most cases are determined long before the point that evidence or testimony is presented to the jury. ... Read more.

We Agree to Provide Indemnification, Now What?

This article addresses certain problems to be encountered when a blasting contractor agrees to provide indemnification. Nearly 100% of all blasting work is performed pursuant to a contractual agreement. ... Read more.

Arbitration: A Litigation Alternative

During recent years, the use of arbitration provisions in various contexts has become increasingly common. The arbitration process is often less costly, less time consuming and more predictable than a trial before either a judge or jury. ... Read more.

General Contractor's Duty For Construction Site Safety

A frequently litigated issue of construction law pertains to the scope of the general contractor’s duties to the employees of a subcontractor who are injured or killed in accidents while performing their trades. ... Read more.

The Enforceability of Covenants Not to Compete in Alabama

Covenants not to compete which, at one time, were primarily used with high-level executives and managers, have become commonplace in today's workplace. This trend, combined with the current downturns in both the job market and the economy in general,... Read more.

Negligent Failure to Settle

The highly competent defense counsel you have hired to defend your insured in a case pending in Greene County, Alabama, which has been referred to in the past as "Tort Hell" by several business publications,... Read more.

Has your HR Department Incorporated an Internet Strategy?

The internet and the ability now to transmit tremendous volumes of information electronically have been a blessing to the corporate world. However, with these technologies come new challenges to the Human Resources professional. ... Read more.