Verdicts & Settlements

The following are a few of the cases handled by Shuttlesworth & Moore since the law firm's formation in October of 2002.

Commercial Vehicle Case

RUSSELL MASECAR, Plaintiff, vs. BELL CITY AMUSEMENTS, INC., d/b/a AMUSEMENTS TRANSPORT, INC., a corporation; DALE MANSFIELD, an individual, DAVID J. BOOSALES, an individual. In the United States District Court for the Northern District of Alabama, Middle Division, Civil Action Number CV-00-AR-2667-M.

Russell Masecar was a passenger in a vehicle that ran into a tractor-trailer owned by Bell City Amusements, Inc.. Plaintiff contended that: (1) the tractor-trailer was improperly and illegally parked on the emergency lane of interstate; (2) the parking of said tractor-trailer was completely improper, illegal, negligent and wanton; (3) the operator of the tractor-trailer failed to take proper precautions after illegally parking on the emergency portion of the interstate; specifically, said operator failed to initiate proper emergency, electrical flashers on his vehicle, and further failed to place appropriate warning signs, reflector triangles and/or placards at appropriate spaces behind his truck to warn oncoming traffic of the presence of the tractor-trailer. Mr. Masecar suffered life threatening injuries including extreme road rash, lacerations, facial fractures, broken ribs, and a grade 5 liver laceration.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

LAMAR WOODARD and SARA WOODARD, Plaintiffs, vs. TOTAL TRANSPORTATION OF MISSISSIPPI, INC, a corporation; JOE ANDERSON, an individual. In the Circuit Court of Jefferson County, Alabama, Civil Action Number: CV 01-1228.

Lamar Woodard was driving a vehicle that ran into a tractor-trailer owned by Total Transportation of Mississippi which was blocking the roadway after the driver skidded on ice. Plaintiffs contended that Anderson: (1) tested positive for marijuana after the wreck; (2) drove a tractor-trailer onto a bridge that he knew was iced; (3) lost control of his tractor-trailer on an icy bridge causing him to jackknife; (4) positioned his tractor-trailer where it blocked the entire roadway, leaving no available lane of travel for another vehicle to pass safely; (5) ignored three warnings about the icy road conditions; (6) operated a tractor-trailer under circumstances that he considered to be hazardous driving conditions; (7) disregarded his own understanding that the possibility of losing control of a tractor-trailer is increased when you are operating in such extreme driving conditions; (8) never removed his tractor-trailer from the roadway; (9) failed to comply with the Federal Motor Carrier Safety Regulations mandate that extreme caution is to be used when driving in hazardous conditions, such as ice; and, (10) did not utilize Total's company policy that allows a driver to stop his vehicle when conditions make it dangerous to be on the roadway. Mr. Woodard suffered life threatening injuries including traumatic brain injury, right maxillary laceration and forehead laceration, fractured left acetabulum, dislocated and shattered left hip joint. Mr Woodard's injuries left him with cognitive deficits, hand tremors, and double vision.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

JASON NORWOOD Plaintiff vs. SHELBY CONTRACTING CO., INC., a corporation; and , EUGENE COTTINGHAM, an individual. In the Circuit Court of Lawrence County, Alabama, Civil Action Number: CV 04-58-APR.

This wreck occurred when Mr. Cottingham ran a red light at an intersection. Mr. Cottingham's tractor struck Mr. Norwood's vehicle as Mr. Norwood entered the intersection on a green light. One mile prior to the intersection, Mr. Cottingham entered a fog bank that caused him severe vision problems. The speed limit at the intersection was 55 mph. Witnesses stated that Mr. Cottingham was going as fast as 65 mph. Plaintiff contended that Mr. Cottingham was in violation of: (1) Ala. Code § 32 5A 171 that prohibits a driver from exceeding the posted speed limit; and (2) . Code § 32 5A 170 and FMCSR § 392.14 when he refused to slow his vehicle after entering the fog bank. Mr. Norwood was seriously injured as a result of the wreck. Plaintiff argued that the case was not about a momentary lapse in judgment by Mr. Cottingham, but a case of a catastrophe waiting to happen due to the manner in which Shelby Contracting operated its company. Plaintiff alleged that Mr. Cottingham was not physically qualified due to an expired medical clearance, prior open heart surgery, a repaired leaking heart value, high blood pressure and two prior failed physicals, one for Shelby Contracting.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

MARIA ELENA RAMIREZ, for and on behalf herself and on behalf of all other parties entitled to recover for the Wrongful Death of ENCARNACION RAMIREZ, Plaintiff vs. ROSEDALE TRANSPORT, INC., A Georgia Corporation AVON PRODUCTS, INC., A New York Corporation, and ROBERT E. HENRY, an individual. In the United States District Court, Southern District of Mississippi, Jackson Division, Case Number 3:04 CV 705-BN.

Mr. Ramirez stopped his vehicle on the interstate at night. Mr. Henry was driving a tractor-trailer for Rosedale Transport, Inc. that crashed into Mr. Ramirez and his vehicle. Mr. Ramirez died as a result of the collision. Plaintiff asserted that Mr. Ramirez's vehicle was lawfully stopped in the roadway because he was disabled and therefore, not in violation of Miss. Code Ann. § 63 3 903 (1) & (2). Plaintiff further alleged that Mr. Henry failed to keep a proper look out and was not able to avoid the wreck because he was sleep deprived while driving in violation of FMCSR § 392.3. Additionally, Plaintiff claimed Rosedale failed to operate their company safely by: (1) not ensuring that their drivers have the proper fatigue training; and (2) allowing its drivers to violate the hours-of-service regulations.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

JESSICA DAWN ELLIOTT AND STEVEN CHAD PAYNE, as co-administrators of the Estate of Phyllis Ann Payne, Plaintiffs vs WILLIE DAVIS TRUCKING COMPANY, INC., a corporation; WILLIE J. DAVIS, an individual; FULLER FIVE ENTERPRISE, INC., a corporation, SCHILLI NATIONAL LEASE, INC., a corporation; PERFORMANCE SERVICE CENTER, a business; MARK KENNEDY TRUCKING, INC., a corporation; RELIFORD GARAGE AND TOWING, a business; STATE FARM INSURANCE COMPANY, a corporation. In the Circuit Court of Jefferson County, Alabama, Civil Action Number CV 04-3489.

This case arose from a rear-end collision between an automobile driven by Mrs. Payne and a tractor-trailer owned by Willie Davis Trucking. Just prior to the wreck, Mrs. Payne slowed down due to construction work on the interstate. As Mrs. Payne began to slow, she was struck in the rear by a tractor-trailer driven by Willie Davis. Mrs. Payne was ejected as a result of the collision. Mrs. Payne died at the scene.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

ANTIONETTE LEE, Plaintiff, vs. JAMES OTIS RICH, SR., an individual; SOUTHERN HAULERS, L.L.C., a corporation; R & J TRUCKING AND AUTO BODY, INC., a corporation. In the Circuit Court of Shelby County, Alabama; Civil Action Number: CV 03-103.

Antionette Lee was driving a vehicle that was struck by a commercial vehicle at an intersection. This is an intersection collision case wherein the Defendant truck driver ran a stop sign. Ms. Lee contended that Mr. Rich: (1) failed to stop at the stop sign and smashed into her vehicle; (2) failed to yield the right-of-way; (3) violated Alabama law by running the stop sign; and (4) violated the Federal Motor Carrier Safety Regulations regarding safe vehicle operation, proper visual search, speed management, space management, hazard perception and emergency maneuvers. Ms. Lee suffered serious injuries including a closed head injury, short-term memory loss and severe headaches, back injury, and knee injury requiring surgery.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

LISA CHRISTIAN, Plaintiff vs. HUDGINS & SON TRUCKING, a domestic corporation, and ALVIN HILL, an individual. In the Circuit Court of Pickens County, Alabama, Civil Action Number CV 04-019.

This collision occurred when Mr. Hill improperly merged into the lane occupied by Ms. Christian causing her to crash. Ms. Christian received serious injuries in the wreck resulting in her being assigned an impairment rating of 20% to the upper extremity and 12% to the whole person. Plaintiff alleged that Hudgins & Sons wantonly disregarded their responsibility to have proper safety management controls in place in dereliction of their responsibilities under the FMCSR and Alabama law. Plaintiff contended that drivers at Hudgins & Sons are allowed to speed, violate the hours-of-service regulations and cause collisions. Plaintiff was able to show that the owner-drivers at Hudgins & Sons had a pattern and practice of speeding and violating the hours-of-service regulations. Mr. Hill had 5 wrecks in 5 months while working for Hudgins & Sons.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

BARBARA MAUL and RODERICK GOODEN, as Administrators of the Estate of LARRY MAUL, Plaintiffs vs. POWER WASTE SYSTEMS, INC., a corporation; and DONALD TYLER, an individual. In the Circuit Court of Jefferson County, Alabama, Civil Action Number CV 03-7335.

Donald Tyler drove a garbage truck owned by Power Waste over Larry Maul after having first observed Larry riding his bicycle in the parking lot of a gas station. Larry Maul was five years old at the time of his death. Roderick, Larry's seven year old brother, watched as the truck being driven by Mr. Tyler backed over and then pulled forward over Larry. According to all parties and witnesses, the gas station was extremely crowded with cars, pedestrians and children when this incident occurred.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

AMOS HARRIS, Plaintiff vs. SHUTTLE SERVICE XPRESS, INC., a corporation; and CHRIS BEEH, an individual. In the Circuit Court of Morgan County, Alabama, Civil Action Number CV 04-387.

Mr. Beeh drove a tractor-trailer owned by Shuttle Service Express into the rear of Mr. Harris' vehicle as Mr. Harris was merging onto an interstate. Mr. Harris was ejected from his vehicle as it was engulfed in flames. Mr. Harris was airlifted to the hospital with serious injuries. The wreck occurred at night. Plaintiff alleged that: (1) Mr. Beeh's failure to keep a proper lookout was a consequence of his fatigue; and (2) that Mr. Beeh's fatigue was a direct result of SSX company policy. An investigation revealed that John Hoth, owner of SSX, and six drivers were criminally indicted on felony charges of conspiracy to violate the FMCSR and over 50 counts of making false statements related to log books. The Wall Street Journal reported the following: "John Hoth . . . could go to prison on a charge that was once all but unheard-of: He didn't allow his drivers to get enough sleep." Plaintiff asserted that Mr. Beeh was a dangerously unfit, incompetent and unqualified driver. Mr. Beeh's driving history included numerous speeding tickets, hours-of-service violations, and 5 wrecks.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

JUANITA FRANKLIN, ADELL FRANKLIN, TRESHANDA FRANKLIN, and TRESHANDA FRANKLIN as Mother and next friend of DACIA FRANKLIN, Plaintiffs vs. STORMIN'S, INC., a corporation; and WILLIAM FOSTER HALL, an individual. In the Circuit Court of Barbour County, Alabama, Civil Action Number CV 02-082.

Mr. Hall ran through a stop sign, across four lanes of travel and a median, off of a five foot embankment and over one hundred fifty (150) feet of the Franklins' front yard before crashing into their home. As a result of the impact, the Franklin's home was totally destroyed. The force of the collision completely dislodged the Franklin's home from its foundation and caused the Franklins to be thrown from their beds. Plaintiff contended that Mr. Hall's inability to stop was a result of the following factors: (1) improper loading which caused a brake deficiency; (2) his failure to keep a proper lookout; (3) his being distracted by the use of a cellular phone and use of a flashlight to look at the instrument panel inside the cab; and (4) a braking deficiency separate and apart from the improper loading.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

DAVID SIMS, Plaintiff vs. S&M EQUIPMENT, a corporation; and DANIEL C. HOLT, an individual. In the Circuit Court of Colbert County, Alabama, Civil Action Number CV 03-380.

Daniel C. Holt was operating a commercial vehicle for Defendant S & M Equipment. Prior to the wreck, Defendant Holt was traveling on River Road in Colbert County. David Simms was, at this time, driving a motorcycle several hundred feet behind Mr. Holt's vehicle traveling in the same direction. Mr. Holt slowed to a stop in order to make a left turn. Mr. Simms also slowed to a stop and came to rest approximately one car length behind Mr. Holt's vehicle. After both vehicles were at a complete stop for several second, Mr. Holt suddenly and without warning began backing his vehicle. Mr. Simms was unable to get out of the path of Mr. Holt's vehicle. Mr. Simms was run over, had his head partially under the tires and ended up in a fetal position under the rear tandem axle of the commercial vehicle.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

EDWIN R. DANFORD, Plaintiff vs. CDN LOGISTICS, a corporation and RICHARD ANTHONY MOORE, an individual. In the Circuit Court of Talladega County, Alabama, Civil Action Number CV 02-058.

Mr. Moore was driving the tractor-trailer for CDN Logistics. While negotiating a turn he lost control on the slippery wet roads resulting in the vehicle jack-knifing. After the vehicle jack knifed, it crossed into Mr. Danford's lane of travel and collided with his vehicle. Mr. Danford received severe injuries including damage to his spine. Mr. Danford's treating physician assigned a long-term prognosis rating of "fair." Plaintiff contended that Mr. Moore: (1) was an unsafe driver, unqualified, and dangerous driver; (2) did not possess the knowledge and skills necessary to operate a commercial vehicle safely as required by FMCSR § 383.110; and (3) did not have the experience and/or training to operate a commercial vehicle safely, as required by FMCSR § 391.11. Plaintiff alleged that CDN Logistics failed to make a proper investigation into Mr. Moore's driving history, as required by FMCSR § 391.23. CDN Logistics testified that they would not have hired Mr. Moore had they seen Mr. Moores complete driving abstract.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

LINDA ARDERY, Plaintiff vs. DEATON, INC., a corporation; DAVID EDWARD HICKS, an individual. In the Circuit Court of Lawrence County, Alabama, Civil Action Number CV 03-114-J.

This lawsuit resulted from a wreck at an intersection. Mrs. Ardery was attempting to turn left at the intersection and Mr. Hicks was traveling through the intersection. Mr. Hicks was operating a tractor-trailer for his employer Deaton on the date of the wreck. Mrs. Ardery was tragically injured in this wreck Her injuries left her paralyzed. She had no recollection of the events leading up to the wreck. This wreck occurred in a school zone during increased school traffic. Plaintiff contended that Mr. Hick was accelerating into the intersection without slowing as required by Alabama law, Deaton company policy and Mr. Hicks own safe driving practices.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

ESTATE OF JETHRO HOOKER Plaintiff vs. DAVID SNOWDEN d/b/a MID-SOUTH TRANSPORTS, INC., a corporation.

Mr. Hooker was killed while operating his farm tractor that was struck by the tractor-trailer being driven by a professional truck driver. The Hooker family contended that the professional driver was recklessly speeding up a hill in a commercial vehicle in a construction zone while failing to keep a proper lookout in violation of Mississippi law. This tragedy stole a wonderful husband, father, grandfather and friend from the Hooker family. Mr. Hooker's funeral was held on the very day that he, his wife and his extended family were to celebrate his 50th wedding anniversary.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

DEBRA DAVES, as Executrix of the Estate of Wayne Daves, Jr., Deceased, Plaintiff vs. THE ESTATE OF HARDY HUNTER, Deceased; SAFELITE FULFILMENT, INC., a corporation; ZURICH INSURANCE COMPANY, a corporation. In the United States District Court for the Northern District of Alabama, Southern Division, Case Number CV-06-J-0238-S.

This lawsuit arises out of a tragic vehicle wreck that claimed the life of Wayne Daves, Jr. and Hardy Hunter. Mr. Hunter was driving a commercial van for his employer Safelite that left the interstate roadway, crossed the median and crashed into the vehicle being driven by Mr. Daves. Mr. Hunter's post accident toxicology report contained drugs that are found in most over-the- counter cold medicines. Plaintiff contended that Mr. Hunter was fatigued at the time of the wreck due to these medicines.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

NELL J. GOBER, as Personal Representative of the Estate of Lee Roy Gober, Deceased, Plaintiff vs. TURBO DEDICATED, INC., a corporation, and JAMES ALLEN KIRBY, an individual. In the Circuit Court of Calhoun County, Alabama, Civil Action Number CV 2000-660.

This lawsuit resulted from a wreck at an intersection. Mr. Gorber was attempting to turn cross an intersection controlled by a "caution" light as Mr. Kirby approached the intersection from the left. Plaintiff contended that Mr. Kirby: (1) was exceeding the suggested safe speed limit; and (2) failed to keep a proper look out as he approached the intersection. Mr. Gober was killed as a result of the wreck.

Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case

LOREN M. BENJAMIN, Plaintiff vs. ADMIRAL MERCHANTS MOTOR FREIGHT, INC., a corporation; D&M TRUCKING , a corporation; JIMMY THRASHER, an individual. In the United States District Court for the Northern District of Alabama, Southern Division, Civil Action Number 04-H24-S

This lawsuit arises out of a wreck between an automobile driven by Mrs. Benjamin and a tractor-trailer owned by D&M Trucking and driven by Mr. Thrasher. The tractor-trailer was leased to Admiral Merchants Motor Freight. Plaintiff alleged that Mr. Thrasher was intoxicated with a blood alcohol level of .21 at the time of the wreck. Admiral Merchants contended that D&M Trucking and Mr. Thrasher were independent contractors at the time of the wreck. Plaintiff took the position that Federal law creates statutory employment relationship between interstate carriers and drivers of trucks leased to them. Judy v. Tri-State Motor Transit Co., 844 F.2d 1496, 1500-01 (11th Cir.1988); White v. Excalibur Insurance Co., 599 F.2d 50 (5th Cir.), cert. denied, 444 U.S. 965, 100 S.Ct. 452, 62 L.Ed.2d 377 (1979). Plaintiff argued that Admiral Merchants was responsible for Mr. Thrasher's actions because they were his statutory employer.

Settled pursuant to a confidentiality agreement.

Premise Liability Case

BERNADINE M. LAYTON individually and as Administratrix of the Estate of WILLIAM LAWRENCE LAYTON, Plaintiff vs MGC PROPERTIES, INC. d/b/a MAGIC CITY II CLUB, a corporation; DERRICK A. COOPER, an individual.In the Circuit Court of Jefferson County, Alabama, Civil Action Number CV-04-7125.

William Lawrence Layton sustained a gun shot wound to the head that caused his death while at a business establishment called the Magic City II. Plaintiff contended that the gun was provided to the shooter by management employees of the Magic City II.

$5,000,000.00 Verdict

Liquor Liability Case

MICHELE CAHOON, individually and as Administratrix of the Estate of MICHEAL HAMILTON VAUGHN, Deceased, and KEITH CAHOON, Plaintiffs vs. BILLY'S, INC., a corporation. In the Circuit Court of Jefferson County, Alabama, Civil Action Number CV-03-7480.

Micheal Vaughn died while driving home from a bar. The Medical Examiner found that Micheal's alcohol "levels are indicative of significant ethanol intoxication." The toxicology report identifies the following alcohol levels: (1) Blood Ethanol Level - 0.27; (2) Vitreous Ethanol Level - 0.26; and (3) Urine Ethanol Level - 0.32. Plaintiffs contended that the case was about Billy's failure to run its company safely by not having adequate responsible alcohol sales policies, by not ensuring that their employees were properly trained in the responsible sale of alcohol, and by not enforcing the ABC Board Rules and Regulations.

Settled pursuant to a confidentiality agreement.