Reported and Notable Current Cases and Representative Clients
• Obtained summary judgment in favor of a commercial automobile liability insurer in a coverage dispute involving whether the insurer had to defend or indemnify its insured, an interstate motor carrier, for catastrophic personal injury claims asserted by the company’s driver. Lancer Ins. Co. v. Newman Specialized Carriers, Inc., 903 F.Supp.2d 1272 (N.D. Ala. 2012).
• Obtained summary judgment for a manufacturer in a premises liability case where an employee of an independent contractor was severely injured after falling from a suspended ceiling at the manufacturer’s plant.Calloway v. PPG Industries, Inc., 155 Fed.Appx. 450, 2005 WL 3087890, C.A. 11 (Ala.), November 18, 2005 (NO. 05 10782).
• Successfully transferred a personal injury liquor liability lawsuit out of a plaintiff-friendly county under the infrequently used “interest of justice” prong of Alabama’s forum non conveniens statute, resulting in an Alabama Supreme Court opinion giving defendants an effective means to defeat forum shopping. Ex parte McKenzie Oil Co., Inc., 13 So.2d 346 (Ala. 2008).
• Obtained summary judgment in a wrongful death lawsuit for a “Good Samaritan” who attempted to push a driver’s stalled vehicle off the road before a collision that resulted in the death of a passenger in an oncoming vehicle.
• Obtained summary judgment for a surface mining company and its blasting contractor in a multi-plaintiff nuisance and property damage lawsuit involving whether mining operations and blasting vibrations affected or damaged houses surrounding the mine site.
• Obtained an arbitration award in favor of a car dealership in a breach of warranty claim involving a new car that had been serviced on multiple occasions totaling 64 days.
• Obtained an award in favor of a commercial plumbing contractor in a hotel construction defect arbitration that lasted 17 days where the claimant sought recovery of more than $600,000 for alleged plumbing deficiencies.
• Obtained summary judgment in a $5,000,000 bad faith, breach of contract and fraud lawsuit arising out of an underinsured motorist (UIM) claim where the settlement was not consummated due to a dispute about the handling of a Medicare lien. Stone v. State Automobile Mut. Ins. Co., 5:16-cv-00381-AKK, 2017 WL 633081 (N.D. Ala. Feb. 15, 2017).
• Prevailed in a breach of contract and declaratory judgment action arising out of a wrongful death claim where a national manufacturer attempted to enforce a defense and indemnity agreement against an Alabama contractor.
• Prevented three plaintiffs from pursuing wantonness, entrustment and training claims against a trucking company and its driver in a personal injury lawsuit. Craft v. Triumph Logistics, Inc., No. 2:14-cv-93-MHT, 2015 WL 1565003 (M.D. Ala. April 8, 2015).
• Co-counsel for defendant water remediation company in a nine day trial resulting in a defense verdict where the plaintiff claimed that the company failed to properly dry out her home following a water heater leak, caused her to develop reactive airway disease and prevented her from living in her home for more than 2.5 years after the leak. Johnson v. Mimsco, Inc., No. 01-cv-2013-904007, Circuit Court of Jefferson County, Alabama.
