Verdicts and Settlements



The following are a few of the cases handled by the attorneys at the Moore Law Group.

Commercial Vehicle Case - GARLAND B. BEASLEY, individually and as Executor of the Estates of Truett S. Beasley and Gwendolyn N. Beasley; VICKIE L. BEASLEY, individually and as Executrix of the Estates of Truett S. Beasley, and Gwendolyn N. Beasley; TRUETT S. BEASLEY, Jr., individually; EARL NORMAN BEASLEY, individually; as wrongful death beneficiaries of decedents, Plaintiffs; vs. ATS INTERMODAL, LLC, a corporation; EPHANTUS NGUGI GATHURU, an individual; P&O NEDLLOYD LOGISTICS, LLC, a corporation; OOCL(USA), Inc., a corporation; Defendants. In the State Court of DeKalb County, Georgia, Civil Action Number 05A37641-6.
 
This lawsuit arises out of a commercial vehicle wreck on June 24, 2005, on a public roadway in DeKalb County, Georgia, to wit: I-285 East at the interchange with I-20. Defendant Ephantus Ngugi Gathuru was employed as a driver by Defendant ATS Intermodal. On June 24, 2005, Mr. Gathuru hooked up to the chassis owned by OOCL at a terminal less than 15 miles from the wreck site. OOCL had contracted with ATS Intermodal allowing ATS employees to pull OOCL equipment. The chassis had a container attached to it that was owned by Defendant P&O Nedlloyd. Mr. Gathuru traveled the approximate 15 miles during which he entered Interstate 285 East. Shortly thereafter, Mr Gathuru approached the interchange with Interstate 20 where traffic ahead of him became congested and slowed. Mr. Gathuru was unable to stop prior to striking the rear of the vehicle occupied by Gwendolyn Beasley and Truett Beasley. Mr. and Mrs. Beasley died as a result of the trauma they received in the collision. Plaintiffs took the position that this case is about a defective chassis that had brakes that were so mechanically dangerous that it was determined to be illegal by the State of Georgia in a post-crash inspection. The chassis was owned by Defendant OOCL. Defendant OOCL has statutory duties to inspect, repair and maintain the brakes on its chassis pursuant to the Federal Motor Carrier Safety Regulations, the Georgia Public Service Commission Regulations, and Georgia statutes. Defendant OOCL contracted with third-parties to fulfill their own statutory responsibility to inspect, repair and maintain the brakes on their chassis. Defendant OOCL=s statutory duty is non-delegable pursuant to OCGA ' 51-2-5(4): A51-2-5. Liability for negligence of contractor. An employer is liable for the negligence of a contractor: . . . (4) If the wrongful act is the violation of a duty imposed by statute; . . . @ Plaintiff took the position that Defendant OOCL cannot escape responsibility for the condition of the brakes because they contracted with third-parties.
 
Settled pursuant to a confidentiality agreement with Defendants OOCL and P&O NEDLLOYD.
 
Ten Million ($10,000,000.00) Dollar Judgment against Defendants ATS and Gathuru.


Commercial Vehcile Case - FARRAH COCKRELL,  plaintiff, vs.  JACK D. BROWN, defendant, and STRINGER'S OILFIELD  SERVICE, INC., defendant, In the Circiut Court of Jefferson Davis County, Mississippi, Cause No. 2009-163P.

This case is about a professional truck driver that drove into a state highway through a stop sign at a blind intersection at highway speeds killing Thomas Barnes.  Plaintiffs alleged that liability for this wreck was absolutely clear.  Plaintiffs' allegations were as follows.  This wreck occurred on September 30, 2009, at approximately 4:05 p.m, when Mr. Brown ignored ran a stop sign at the intersection of Mississippi Highway 13 and Old Hebron Road/Mt. Olive Road in Jefferson Davis County, Mississippi.  Mr. Brown was traveling on Old Hebron Road/Mt. Olive Road attempting to cross Mississippi Highway 13.  During the approach to the intersection, Mr. Brown would have been unable to see traffic approaching the intersection on Mississippi Highway 13 due to the dense woods lining the roadway.  Numerous witnesses would testify that Mr. Brown was speeding as fast as 65 mph when he entered the intersection.  Plaintiffs’ expert would give the opinion that the tractor-trailer was traveling as fast as 60 mph at impact.  Thomas Barnes was traveling north on Mississippi Highway 13 with no traffic control device directing his crossing of the intersection.  Numerous witnesses testified that Mr. Barnes was not speeding.  Because Mr. Brown ran the stop sign while speeding and failing to yield the right of way, the tractor was struck along the right passenger gas tank.  Mr. Brown never applied his brakes prior to impact.  Mr. Brown told everyone at the wreck scene that he experience brake failure while he was approaching the intersection.  All witness would testify that they saw nothing to indicate that Mr. Brown attempted to brake prior to the impact.  Law enforcement officers would testify that there is no evidence indicating that Mr. Brown attempted to brake prior to the impact.  There were no skid marks from the tractor or trailer at the scene that occurred prior to the impact.  There were dozens of skid marks from the tractor and trailer at the scene that occurred after the impact.  Three commercial vehicle brake experts, two for the plaintiff and one for the defendant, found no problems with the braking system.

Settled pursuant to a confidentiality agreement.



Commercial Vehicle Case - HOWARD RAY SEALS, an individual, LORIA SEALS, an individual, Plaintiffs vs. SOUTHERN CONCRETE PUMPING, LLC; a corporation, HSI READY MIX, a corporation; BRADLEY STEVENS, an individual; Defendants. In the Cicuit Court of Pearl River County, Mississippi, Case Number 2007-0668-P.
 
This lawsuit arises out of an incident involving a commercial vehicle used to pump concrete. This case is about a severe brain injury caused by a hose whipping incident. In August of 2007, Ray Seals was working on the construction of a Jiffy Lube store. The walls had been formed with concrete blocks. The walls were approximately 16 feet tall. The next phase of the job required wet concrete to be pumped into the concrete blocks using a pump truck. The concrete pump truck was owned by Southern Concrete Pumping and was operated by their employee, Brad Stevens. On August 23, 2007, Mr. Seals was standing on scaffolding in order to guide the flexible delivery pipeline attached to the boom of the concrete pump truck to the point where concrete was needed to be poured into the blocks. The pumping job was almost complete when Mr. Stevens ran out of concrete. He, therefore, ordered an additional load of concrete to be delivered, and the pumping operation was delayed while they waited. When the supplemental load of concrete was delivered and the pumping resumed, the hose immediately and violently whipped, striking Mr. Seals in the right frontal lobe area of his skull. Mr. Seals was knocked out and fell from the scaffolding. After lengthy treatment and rehabilitation, Mr. Seals was diagnosed with a severe brain injury affecting his cognitive, social, behavioral and employment functioning. The result is the devastation of the life that the Seals family once enjoyed. 
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - RICHARD BURRELL, Plaintiff, vs. ESTATE OF CHRISTINE BAXTER JONES, DECEASED, TARA M. JONES, ADMINISTRATRIX; SCHNEIDER NATIONAL; AAA COOPER TRANSPORTATION; TOTAL TRANSPORTATION OF MISSISSIPPI; MICHAEL MARTIN; BENNY SMITH; LONNIE FUQUA; JERRY RAINER; AMANDA ALVIS; AND ESTATE OF JAMES ANDREW CARLISLE, DECEASED, HONORABLE EDDIE JEAN CARR, ADMINISTRATRIX, Defendants. In the Circuit Court of the First Judicial District of Hinds County, Mississippi, Civil Action Number 251-06-348CIV.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on March 17, 2006, at approximately 2:00 a.m, on Interstate 20 when the weather conditions turned hazardous due to the presence of fog. Numerous witnesses and parties testified that visibility conditions were so blinding that they were forced to slow their vehicles to a crawl. Plaintiffs took the position that this case is about a professional truck driver working for Schneider National, Michael Martin, that was speeding in a commercial vehicle in a heavy blanket of fog, on an interstate while in a fatigued condition in violation of the Federal Motor Carrier Safety Regulations (FMCSR), Mississippi laws and Schneider safety policies. Christine Jones died in the wreck.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehcile Case - The Estate of Rachel Hall,  plaintiff, vs. Penny's Concrete Inc., Emphoria, Kansas.

This case is about a professional truck driver that drove into a state highway through a stop sign at highway speeds killing Rachel Hall, mother of three.  Plaintiffs alleged that liability for this wreck was absolutely clear.  Plaintiffs' allegations were as follows.  The driver applied his brakes moments prior to entering the intersection and colliding with the vehicle operated by Rachael Hall. Plaintiff maintained that the vehicle involved in this wreck was illegal due to defective brakes in violation of the North American Out-of-Service Criteria, the Federal Motor Carrier Safety Regulations, the Kansas Motor Carrier Regulations and Kansas Statutes. The Kansas State Troopers and Plaintiffs' Experts were expected to testify that the "truck was illegal because of brakes and it should not have been on road." Plaintiffs' Experts were going to testify that had the brakes been properly maintained allowing them to achieve the brake force intended by their manufactures, the wreck would have been avoided and Rachel Hall would have survived. Plaintiff alleged that Penny's was in violation of FMCSR § 396.3 stating that a "commercial carriers must systematically inspect, repair, and maintain their vehicles." Plaintiff’s investigation revealed that a professional driver was allowed to speed through a stop sign into an intersection while driving an illegal commercial vehicle because of the system-wide failures of a commercial carrier.

Settled pursuant to a confidentiality agreement.



Commercial Vehicle Case - SONYA L CAMPBELL, as daughter and on behalf of all wrongful death beneficiaries of PERCY L. JONES, Sr. deceased vs. WARREN PAVING, INC. and BERNARD HARPER, In the Circuit Court of Forrest County, Mississippi, Civil Action 10-0014.

Jones and Gray Plaintiffs' allegations are as follows.  This wreck occurred on US 49 north outside of Hattiesburg, Mississippi at approximately 4:06 p.m. on January 19, 2010.  At that time, Mr. Harper was driving a 20-wheeler owned by Warren Paving.  Percy Jones, Sr. was driving his white 1999 Ford Ranger.  Benjamin Gray was riding in the passenger seat of the Ford Ranger.  Just prior to the wreck, both vehicles were traveling north on US 49 in the inside left lane.  Mr. Harper’s 20-wheeler was approaching the rear of the Ford Ranger at speeds far in excess of the posted 65 mph speed limit.  1550 feet south of the area of impact at the crest of a hill, the Ford Ranger, with the 20-wheeler approximately 500-700 feet behind, passed an AAA Ambulance with its lights activated facing east at a median cut-through.   After the crest of the hill, Highway 49 turns into a down-slope (estimated 20%) leading to the area of impact.  There is an unobstructed view from the hill crest of a median cut-through at the bottom of the hill where another wreck had already occurred.  At the area where the existing wreck occurred, there were: 1) a white DOT Truck in the left turn lane with its yellow lights activated; 2) four DOT workers wearing reflective vest standing outside the DOT Truck; 3) a grey Dodge Charger facing southeast in the ditch to the north of the median cut-through; 4) a silver Honda CRV in the grass on the right shoulder of the north-bound lanes of Highway 49; 5) a Mississippi State Trooper Cruiser with its lights activated 20 feet directly in front of the Honda CRV; 6) a black Honda Accord to the right of the State Trooper Cruiser facing northeast in a ditch; 7) a uniformed Mississippi State Trooper and a witness standing between the Honda Accord and Highway 49 in the grass; 8) a AAA Ambulance with its lights activated 10 feet directly in front of the State Trooper Cruiser; and 9) a grey Chevrolet Tahoe 10 feet directly in front of the AAA Ambulance.  Mr. Jones slowed the Ford Ranger to approximately 30 mph as he approached the existing wreck.  The 20-wheeler never slowed.  Mr. Harper never applied the brakes and never swerved before rear-ending the Ford Ranger.  There were no skid marks left by the 20-wheeler prior to impact.  After the collision, both vehicles crossed the median cut-thorough and left the roadway to the left into the wooded median with the commercial vehicle coming to rest on top of the Ford Ranger.  Mr. Jones and Mr. Gray both died.
 
Settled pursuant to a confidentiality agreement. 

Commercial Vehicle Case -ROBBIE RAGSDALE, as Administrator of the Estate of TONY LANE RAGSDALE, an individual, Plaintiff, vs.PEOPLES SANITATION SERVICES, a Corporation; ROBERT NEAL HALLMARK, II an individual, Defendants.In the Circuit Court of Talledega County, Alabama, Civil Action Number 08-900152.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about November 26, 2007 on County Road 28, at or near the intersection of Alabama Highway 145 in the Shelby County, Alabama. Defendant Hallmark was operating a tractor-trailer owned by Defendant People's Sanitation which was traveling south on Alabama Highway 145 while acting in the line and scope of his employment with Defendant People's Sanitation. The tractor-trailer being operated by Defendant Hallmark struck and collided with the vehicle operated by Plaintiff's Decedent, Tony Lane Ragsdale. Tony Ragsdale died. Plaintiff took the position that this case is about a professional truck driver, Robert Neal Hallmark, that was speeding in a commercial vehicle that had severely defective brakes and that tested positive for marijuana after the wreck.
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - LANCE CORPORAL WILLIAM TREY LAFITTE - NATIONAL INTERSTATE INSURANCE COMPANY, Plaintiff vs. NATHAN S. BYRD, et al., Defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number 2009-00723 .       
 
This lawsuit arises out of a common carrier wreck that occurred on March 9, 2008. At that time, the 23 Anti-Terrorism Battalion Marines were aboard a charter bus returning to Fort Rucker after weekend training. The commanding officer on the charter bus repeatedly warned the driver about both his excessive speed and the fact that they were approaching a dangerous turn. The driver of the Adventure bus ignored the commanding officer=s warnings. As a result, the charter bus entered the dangerously sharp turn at a rate of speed that made it impossible to safely negotiate the turn. As expected, the driver of the Adventure bus lost control of the charter bus, and the bus overturned with such force that the Marines inside were transformed into flying objects. Lance Corporal William Trey LaFitte was paralyzed. 
 
Five Million ($5,000,000.00) Dollar Settlement. 


Commercial Vehicle Case - AMY KING, Plaintiff vs. ADVENTURE BUS LINES, a corporation, Defendant.
 
This lawsuit arises out of a common carrier wreck that occurred March 28, 2008. At that time, the elementary school students were aboard a charter bus heading to Chattanooga, Tennessee. The driver of the Adventure bus ignored numerous warnings that he was physically unable to drive. As a result, the bus driver passed out at the wheel while speeding down the interstate. As expected, the driver of the Adventure bus lost control of the charter bus, and the bus overturned with such force that the children inside were transformed into flying objects. Amy King was ejected through the windshield resulting in severe physical damage to her body that left her permanently injured. 
 
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, Civil Action Number: 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 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 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 - 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 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 considers to be hazardous driving conditions; (7) disregarded his own understanding that the possibility of losing control of an 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 - 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 - ELIJAH J. BARNES, an individual, and MARY BARNES, and individual, Plaintiffs vs.  WAL-MART TRANSPORTATION, LLC, a corporation, and David Winters, an individual, Defendants, In the Ciruit Court of Jefferson Davis County, Mississippi,  Civil Action No: 2007-82P.
In this lawsuit, Plaintiffs alleged that a Wal-Mart tractor/trailer ran them off of the roadway.  Plantiffs' allegations were as follows.  This wreck occurred On January 13, 2007, there were two vehicles traveling west on U.S. Highway 84, west of Prentiss, Mississippi.  The first vehicle was a Wal-Mart tractor/trailer and the second vehicle was the F-150 driven by Mr. Barnes.  The F-150 began to make a legal pass of the Wal-mart tractor/trailer. During the process of being passed, the Wal-Mart tractor/trailer abruptly changed lanes into the lane being occupied by Mr. Barnes’ F-150.  The Wal-Mart tractor/trailer’s actions forced the Barnes F-150 to leave the roadway causing a traumatic collision resulting in Mr. Barnes being rendered a quadriplegic.  The driver of the Wal-Mart tractor/trailer continued traveling on U.S. Highway 84 for a short distance after which it came to a stop.  The driver of the Wal-Mart tractor/trailer exited the tractor but never returned to check on the occupant of the F-150.  The driver of the Wal-Mart tractor/trailer remained at his vehicle until the police and emergency personnel arrived.  The driver of the Wal-Mart tractor/trailer left the wreck scene after the police and emergency personnel arrived.  The driver of the Wal-Mart tractor/trailer never returned to discuss the wreck with or provide his contact information to the police.
 
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 - DEXTER W. OWENS, et al., Plaintiffs, v. GRIFFIN INDUSTRIES, INC., a corporation, and NORMAN  D. ODOM, JR., an individual, et al., Defendants, In the Circuit Court of Covington County, Mississippi, Cause No.: 2006-246C

This case arose from a rear-end collision between an automobile driven by Lee Dale Luvene and a tractor-trailer owned by Griffin Industries and driven by Norman Odom, Jr. In their lawsuit, Plaintiffs alleged that on or about the 17th day of November, 2006 on Highway 84 East in Covington County, Mississippi, Defendant, Norman Odom, Jr. negligently and/or wantonly operated the tractor/trailer which collided with the vehicle occupied by Mr. Luvene in a fatigued condition and while speeding in violation of the Federal Motor Carrier Safety Regulations and Mississippi motor vehicle statutes.  Mr. Luvene died as a result of the wreck.
 
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 04-019.
 
This collision occurred when Mr. Hill improperly merged into the lane occupied by Ms. Christian causing her to loose control and 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: 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 year 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: 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 reported the following: AJohn 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: 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: 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 stopped 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 LOGGISTICS, a corporation and RICHARD ANTHONY MOORE, an individual.  In the Circuit Court of Talladega County, Alabama, Civil Action Number: 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 Afair.@ 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: 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 all 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 CaseNELL 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: 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 THRAS
  
This lawsuit arises out of a wreck between an automobile driven by Ms. 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.

Commercial Vehicle Case - WILLIAM E. MONROE, Plaintiff, vs. RJW TRANSPORT, INC., a corporation; and ROBERT E. RAMIREZ, an individual.  In the Circuit Court of Jefferson County, Alabama Civil Action Number: 06-6957.
 
This lawsuit arises out of a commercial vehicle wreck on or about the 10th day of August, 2005, on a public roadway in Jefferson County, Alabama, to wit: I-65 North between Oxmoor Road and West Valley Avenue. Plaintiff alleged that Defendant Ramirez negligently and/or wantonly operate a commercial motor vehicle in such a manner so as to create a hazard to motorists, and strike and collide with, run into, upon and against the vehicle occupied by Plaintiff. Plaintiff alleged that Defendant Ramirez was acting in the line and scope of his employment and/or agency for Defendant RJW at the time of the wreck. William Monroe was caused to suffer severe physical damage to his body that left him permanently injured. 
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - BETTY J. NEAL, Plaintiff; STEPHANIE D. WILKINS, Plaintiff, vs. NEW CENTURY TRANSPORTATION, INC.; a corporation; MICHAEL AARON WILLIAMS, an individual; In the Circuit Court of Jefferson County, Alabama Civil Action Number: 05-1622.
 
This lawsuit arises out of a commercial vehicle wreck on or about the 21st day of July, 2004, on a public roadway in Winston County, Alabama, to wit: U. S. 278 at County Road 35. Plaintiff alleged that Defendant Williams negligently and wantonly broke numerous Alabama law as he attempted to pass Mrs. Neal=s vehicle: (1) he was exceeding the maximum posted speed limit; (2) he refused to slow as he approached and entered and intersection; (3) he refused to reduce his speed as he approached a vehicle slowing down at an intersection; (4) he was passing a vehicle at an intersection; (5) he failed to alert my clients that he intended to pass by blowing his horn; and (6) he failed to keep a proper lookout. Plaintiff alleged that Defendant Williams was acting in the line and scope of his employment and/or agency for Defendant New Century. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured. 
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - JEAN STEVENS, wife of and JOHNNY AARON STEVENS, Plaintiffs, v. JAMES MARLIN THOMAS, FAIRFIELD TRUCKING COMPANY, JASCO TRUCKING and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants. In the United States District Court, Western Division of Louisiana, Monroe Division.
 
This lawsuit arises out of a commercial vehicle wreck on or about the 4th day of August 2006 on Interstate 20 at Highway 33 in the City of Rushton, Lincoln Parrish, Louisiana. Plaintiffs alleged that the case was about an illegal professional truck driver that was dangerously speeding while failing to keep a proper lookout for traffic ahead. Plaintiffs also alleged that Defendant Thomas' conduct on the date of the wreck demonstrates a clear indifference to the safety of the motoring public. Plaintiffs contended that they would prove through the course of litigation that the wreck was a catastrophe waiting to happen due to the manner in which Fairfield Trucking operated their company. Plaintiff proved that Defendant Thomas did not have a valid Commercial Driver=s License on the day of the wreck in violation of the FMCSR. All witnesses put Defendant Thomas traveling at a rate of speed grossly in excess of 70 mph. Plaintiffs' commercial vehicle reconstructionists computed Defendant Thomas= speed to be approximately 85-90 mph at impact. Plaintiff, Johnny Stevens, was caused to suffer severe physical damage to his body that left him permanently injured and unable to work. 
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - CYNTHIA E. WOLVERTON, Plaintiff, vs. MELVIN D. VANPELT and J & C TRUCKING INCORPORATED. In the United States District Court, Southern District of Mississippi, Jackson Division, CIVIL ACTION NO.: 3:07 cv-9-D.J.-JCS.
 
This lawsuit arises out of a commercial vehicle wreck on November 15, 2005, on a public roadway in Jackson, Hinds County, Mississippi, to wit: I-55 Southbound. Plaintiff alleged that Defendant VanPelt negligently and/or wantonly operate a commercial motor vehicle in such a manner so as to create a hazard to motorists, and strike and collide with, run into, upon and against the vehicle occupied by Plaintiff. Plaintiff alleged that Defendant VanPelt was acting in the line and scope of his employment and/or agency for Defendant J&C Trucking at the time of the wreck. Plaintiff was caused to suffer severe physical damage to her body.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - BABARA BOYKIN, Plaintiff v. JAMES SELLER, Defendant, SAIA TRUCKING, Defendant.
 
This lawsuit arises out of a commercial vehicle wreck on October 29, 2004. Plaintiff=s position was that this case is about a professional truck driver, James Seller, that was speeding in a commercial vehicle in a heavy blanket of fog into an intersection in violation of the Federal Motor Carrier Safety Regulations (FMCSR), Mississippi laws and SAIA safety policies. Plaintiff alleged that at the time of the wreck, Mr. Sellers was in violation of numerous safety statutes, including: (1) Miss. Code Ann. 63-3-501 - prohibits a driver from exceeding the posted speed limit; (2) Miss. Code 63-3-505 - requires commercial vehicles to slow to forty-five miles per hour during inclement weather when visibility is bad; (3) FMCSR  392.14 - requires using extreme caution in hazardous weather conditions, such as fog, by slowing and/or stopping the vehicle, and; (4) Miss. Code Ann' 63-3-505 - mandates that speed must be decreased below the maximum speed limit when approaching and crossing an intersection. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured. 
 
Settled pursuant to a confidentiality agreement.

 

Commercial Vehicle Case - KAREN S. AHLDERS, Plaintiff, vs. WTI TRANSPORT, INC., a corporation; BOYD BROTHERS TRANSPORTATION, INC., a corporation; JOSEPH C. KING, an individual; Defendants. In the Circuit Court of Morgan County, Alabama, Civil Action Number: 04-102.  
 
This lawsuit arises out of a commercial vehicle wreck on or about September 2, 2003 on Alabama Highway 24 East. Defendant King was operating a tractor trailer owned by Defendant WTI. The tractor trailer being operated by Defendant King ran into and collided with the vehicle operated by Plaintiff. Plaintiff alleged that Defendant King failed to maintain a safe and proper speed under the circumstances, failed to use proper visual search techniques and keep a prudent and proper lookout, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby causing a collision with the automobile operated by Plaintiff. At the time of the incident made the basis of this lawsuit, Defendant King was acting in the line and scope of his employment and/or agency for Defendants WTI and Boyd Brothers. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured. 
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - STEPHANIE ROBIN BONNER, individually and GEORGE ALLEN BONNER, individually and as Next Friend of BENJAMIN HOWARD BONNER and NICHOLAS McKINSIE BONNER, minors, Plaintiffs vs. SOUTHERN WOOD TRUCKING INC., a corporation; GARY WAYNE O'REAR, individual; Defendants. In The Circuit Court of Walker County, Alabama Civil Action Number: 04-180. 
 
This lawsuit arises out of a commercial vehicle wreck on or about on or about December 19, 2003. Plaintiff Stephanie Robin Bonner was operating a motor vehicle, in which Plaintiffs Benjamin Howard Bonner and Nicholas McKinsie Bonner were passengers. The Bonners were traveling east on Alabama Highway 118 at intersection with Airport Road. Defendant O'Rear was operating a tractor trailer owned by Defendant Southern Wood which was also traveling east on Alabama Highway 118 while acting in the line and scope of his employment with Defendant Southern Wood. The tractor trailer being operated by Defendant O'Rear ran into and collided with the vehicle operated by the Bonner Family. Plaintiffs alleged that Defendant O'Rear failed to maintain a safe and proper speed under the circumstances, failed to use proper visual search techniques and keep a prudent and proper lookout, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby causing a collision with the automobile operated by Stephanie Robin Bonner. All Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured. 
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - MOSES BRASSELL, individually, and as Surviving Spouse of JULIA J. BRASSELL, Deceased vs. CHRISTOPHER S. YORK, an individual; and TRANSPORT CORPORATION OF AMERICA, INC., a corporation; Defendants. In the United States District Court for the Southern District of Georgia, Augusta Division, Civil Action Number: 100-166. 
 
This lawsuit arises out of a commercial vehicle wreck on or about the 18th day of November, 1999, on a public roadway in Jefferson County, Georgia, to-wit: on State Highway 4 at its intersection with State Highway 78. Defendant York did negligently and/or wantonly cause the motor vehicle which he was driving to strike, collide with, run into, upon and against the motor vehicle occupied by Julia Brassell, and as a direct and proximate consequence of the Defendant's negligence and/or wantonness, Julia Brassell was caused to suffer injuries and damages from which she died. Defendant York was acting in the line and scope of his employment with Defendant, Transport Corporation of America, Inc.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - DERRICK G. SPENCER, individually, and as Administrator of the Estate of SHARON LORAINE BROADNAX, Deceased; PRESTON S. CLAYTON, individually, and as Administrator of the Estate of SHARON LORAINE BROADNAX, Deceased; Plaintiffs, vs. ROBERT C. MONEY, JR., an individual; and DONNELL TRUCKING COMPANY, INC.; a corporation; Defendants. In the United States the United States District Court for the Northern District of Florida, CASE NO.: 4:00cv253-RH
 
This lawsuit arises out of a commercial vehicle wreck on or about April 8, 2000. At that time Sharon Loraine Broadnax, while a passenger in a 1988 Nissan automobile, was riding west on Interstate 10 at mile marker 193.9 in Tallahassee, Leon County, Florida. Defendant Money was traveling west on Interstate 10 at mile marker 193.9 in Tallahassee, Leon County, Florida while operating a tractor trailer owned by Defendant Donnell, and while acting in the line and scope of his employment with Defendant Donnell. Plaintiffs alleged that Defendant Money failed to maintain a safe and proper speed under the circumstances and failed to keep a prudent and proper lookout as he approached the automobile in which Sharon Loraine Broadnax was a passenger in the westbound lane of Interstate 10 at mile marker 193.9, thereby causing a collision between the automobile occupied by Sharon Loraine Broadnax and the tractor trailer operated by Defendant Money. Sharon Loraine Broadnax suffered injuries in the above-described collision from which she died.
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - HENRY CARR, for and on hehalf of himself, and on behalf of all other parties entitled to recover for the wrongful death of SAM W. CARR, Plaintiff vs. PEARL RIVER VALLEY ELECTRIC POWER ASSOCIATION, a Domestic Corporation; Joseph H. Woodward, as individual, and Gerald A. Williamson, an individual, Defendants. In the Circuit Court of Covington County, Mississippi, CAUSE NO. 2004-190L.
 
This lawsuit arises out of a commercial vehicle wreck on or about the 1st day of July, 2004, on a public roadway in Marion County, Mississippi, to wit: New Hope Kokomo Road at its intersection with Shiloh Firetower Road. Plaintiff alleged that Defendant Williamson was speeding at the time of the wreck in violation of Miss. Code Ann. '63-3-501. Plaintiff alleged that Defendant Williamson was in violation of Mississippi Law at the time of the wreck when he refused to slow his vehicle before entering an intersection. Miss. Code Ann' 63-3-505 mandates certain conditions under which speed must be decreased below the maximum speed limit: AThe driver or operator of any motor vehicle must decrease speed when approaching and crossing an intersection . . . A Plaintiff alleged that Defendant Williamson failed to maintain a safe and proper speed under the circumstances, failed to use proper visual search techniques and keep a prudent and proper lookout, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby causing a collision. Sam Carr died as a result of the impact with the vehicle in which he was a passenger.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - LISA CHRISTIAN, Plaintiff v. ALVIN HILL, an individual, and HUDGINS & SONS TRUCKING, a corporation. In the Circuit Court of Pickens County, Alabama, Civil Action Number 04-0019 
 
This lawsuit arises out of a commercial vehicle wreck that occurred on August 13, 2003, when Defendant Hill improperly merged into the southbound in the left lane on Interstate 59 occupied by Ms. Christian. Plaintiff took the position that this case is about a dangerous professional truck driver and an even more dangerous commercial carrier. Plaintiff maintained that this wreck was the direct result of Hudgins & Sons' system wide failure to implement safety management controls necessary to promote the safe operation of their commercial vehicles in that they failed to adequately monitor their drivers and turns a blind eye to by speeding and violations of the hours-of-service regulations. Mrs. Christian's injuries were severe and are permanent. Mrs. Christian's injuries resulted in an impairment rating of 20% to the upper extremity and 12% to the whole person. Mrs. Christian continues to suffer extreme pain and will so for the rest of her life.
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - RICKY D. CLEMENT, individually and as Administrator of the Estate of RENITA JOYCE CLEMENT and of the Estate of KOLBY DAKOTA CLEMENT, and as Next Friend of ZACHARY CLEMENT, an individual; Plaintiffs vs. JOE KEENUM EXCAVATION AND CONSTRUCTION, INC., a corporation; and JAMES RANDALL BRAGWELL, an individual; Defendants. In the Circuit Court of Lawrence County, Alabama, Civil Action Number 2004-39-J.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on October 24, 2003 on County Road 121 at the intersection of Alabama Highway 24 East in Lawrence County, Alabama. Defendant Bragwell was operating a dump truck owned by Defendant Keenum while acting in the line and scope of his employment. The dump truck being operated by Defendant Bragwell struck and collided with the vehicle operated by Plaintiff Renita Clement. Plaintiff Renita Clement and her child, Kolby Clement died. Plaintiff Zachary Clements was suffered severe scarring and emotional distress. Plaintiff alleged that Defendant Bragwell failed to maintain a safe and proper speed under the circumstances, failed to use proper visual search techniques and keep a prudent and proper lookout, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby causing a collision with the vehicle operated by Plaintiff=s Decedent. At the time of the incident made the basis of this lawsuit, Defendant Bragwell was acting in the line and scope of his employment and/or agency for Defendant Keenum. Plaintiff took the position that this case is about a professional truck driver, James Bragwell, that was speeding in a commercial vehicle and that tested positive for marijuana after the wreck.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - SANTANA S. HESTER, individually and on behalf of all other wrongful death heirs of MARGARET LEGGETT (BARRON), deceased; and JAMES CALVIN JORDAN, individually and on behalf of all other wrongful death heirs of CONSUELA L. JORDAN, deceased vs. SOUTHERN MISS TRUCKING, INC., and DERRICK L. JONES.
 
Plaintiffs' allegations are as follows.  This case is about an illegal professional driver driving an illegal commercial vehicle while speeding into an intersection.  This is not about a momentary lapse in judgment by the driver of either vehicle.  It is instead a case of a catastrophe just waiting to happen. Mr. Jones did not have a valid Commercial Driver’s License on the day of the wreck.  Mr. Jones was also illegal because he was operating a commercial vehicle while subject to a disqualification in violation of FMCSR § 391.11; § 383.51 and Miss. Code  § 63-1-207.  Mr. Jones was illegal because he was operating a commercial vehicle in violation of an out-of-service order in violation of FMCSR § 383.51 and Miss. Code  § 63-1-207.  Mr. Jones was speeding at the time of the wreck in violation of Miss. Code Ann. §63-3-501 and Miss. Code Ann§ 63-3-505.  Defendants' vehicle was illegal at the time of the wreck because of defective mechanical conditions. There is substantial evidence that Mr. Jones applied his brakes prior to the collision in sufficient time to have prevented the wreck if the tractor and trailer had been equipped with properly operating brakes.


Commercial Vehicle Case - ANGELA MARIE BURGESS, an individual; DONNIE L. MINOR, an individual, Plaintiffs, vs. BASELINE HAULING, a corporation; RICHARD PAUL BURKE, an individual; COTTON STATES INSURANCE, a corporation, Defendants.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on the 10th day of May, 2003, on a public roadway in Chilton County, Alabama, to wit: Highway 31 at County Road 623. Defendant Burke was transporting logs for Defendant Kirk Trucking to International Paper's plant in Chilton County, Alabama. Defendant Burke was traveling on Highway 31 as he approached the plant. The portion of Highway 31 located directly in front of the International Paper plant has one lane proceeding in each direction and a center turn lane used to access the plant.  As Defendant Burke turned left from the center access lane, the logs that he was transporting crossed into and completely blocked the travel lane to his left. Plaintiffs were caused to wreck as a because the logs transgressed into their lane. A witness testified: (1) that he never saw any tail lights on the trailer carrying the logs; (2) that he never saw a turn light activated on the tractor or the trailer; (3) that he did not see a warning flag attached to the logs; and (4) that the logs that Mr. Burke was transporting were hanging so far off of the back of the trailer that they were dragging the ground. Angela Burgess also did not see a warning flag attached to the logs, did not see the tail lights and saw that the logs were dragging close to the ground. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.    
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - SANDRA DANIELS EDWARDS, an individual; BESSIE GEORGE, an individual, Plaintiffs, vs. QUALITY CONSTRUCTION CO., THOMAS RAY KARST, an individual; Defendants. In the Circuit Court of Jefferson County, Alabama Civil Action Number CV-04-6035.
 
This lawsuit arises out of a commercial van wreck that occurred on or about the 27th day of November, 2002, on a public roadway in Jefferson County, Alabama, to wit: Highway 79 at or between Carson Road and Red Hollow Road. Plaintiffs alleged that Defendant Karst did negligently and/or wantonly operate a motor vehicle in such a manner so as to create a hazard to motorists, and strike and collide with, run into, upon and against the vehicle occupied by Plaintiffs. At the time of the wreck Defendant Karst was acting in the line and scope of his employment and/or agency for Defendant Quality. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - SHELLIE GARDNER, an individual, Plaintiff, vs. BLACK JACK TRUCKING, INC., a corporation; RONNIE EDWIN FORD, an individual, ALFA INSURANCE COMPANY, a corporation; ALLSTATE INSURANCE COMPANY, a corporation, Defendants. In the Circuit Court of Jefferson County, Alabama Civil Action Number CV-2005-6263.
 
This lawsuit arises out of a commercial van wreck that occurred on or about October 23, 2003 Interstate 459 in Jefferson County, Alabama. Defendant Ford was operating a commercial vehicle for Defendant Blackjack Trucking, Inc. Prior to the wreck, Defendant Ford had been traveling south bound on Interstate 459 in Jefferson County, Alabama. Shellie Gardner was, at the time, an occupant in a vehicle which was also traveling south bound along Interstate 459. Defendant Ford changed lanes to the right without proper traffic clearance and crashed into the vehicle occupied by Shellie Gardner, forcing that vehicle around the front of the tractor-trailer. Her vehicle was then trapped between the tractor-trailer and the retaining wall. The tractor-trailer then left the roadway with the vehicle in which Shellie Gardner was a passenger attached to its left side, and was dragged against the retaining wall for a distance before becoming detached. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement. 

Commercial Vehicle Case - CHARLOTTE E. GERONTAKIS, an Individual, Plaintiff vs.       
BRUCE C. SANDERSON, an individual; and B & K TRUCKING COMPANY, a foreign corporation. In the Circuit Court of Shelby County, Alabama Civil Action Number 04-0259.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on Highway 280 in Shelby County, Alabama. Plaintiff was rear-ended by the commercial vehicle being driven by Defendant Sanderson. At the time of the collision, Defendant Sanderson was working in the line and scope of his duties as an employee and/or agent of Defendant B&K Trucking Company. Sanderson. Plaintiffs maintained that Defendant Sanderson failed to maintain a safe and proper speed under the circumstances, failed use proper visual search techniques and keep a prudent and proper lookout as he approached the automobile which Plaintiff was operating, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby colliding with the automobile being operated by Plaintiff. Plaintiff further alleged that Defendant Sanderson failed to follow the Alabama=s Rules of the Road:
 
32-5A-80 Following too closely. The driver of a motor vehicle shall not follow another more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Except when overtaking and passing another vehicle the driver of a vehicle shall leave a distance of at least 20 feet for each 10 mph of speed between the vehicle that he is driving and the vehicle he is following.    
 
32-5A-190 - Reckless driving. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving. 
 
Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement. 


Commercial Vehicle Case - JAMES DANIEL GARDNER, an individual, Plaintiff
vs. F & H SHANI TRANSPORT, INC., a corporation; MATIAS RAMON FRANKLIN; and Valvir Sing ,individuals, Defendants. In the United States District Court Northern District of Alabama, Eastern Division.   
 
This lawsuit arises out of a commercial vehicle wreck that occurred on Highway 280 in Childersburg, Alabama. Defendant Matias rear-ended a backhoe being operated by Plaintiff. The impact was so violent that Plaintiff was propelled in the air landing 75 feet from the initial impact. At the time of the collision, Defendant Matias was working in the line and scope of his duties as an employee and/or agent of Defendant Shani Transport. Defendant Matias admitted to the police officer, that Ahe had looked down to check his speedometer to make certain that he was not over the speed limit and when he looked up again, he was on top of the backhoe.  Plaintiffs maintained that Defendant Matias failed to maintain a safe and proper speed under the circumstances, failed use proper visual search techniques and keep a prudent and proper lookout as he approached the automobile which Plaintiff was operating, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby colliding with the backhoe being operated by Plaintiff. Plaintiff was caused to suffer severe physical damage to his body that left him permanently injured.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - JIMMY YANCEY, an individual; PERRY SMITH, an individual Plaintiffs vs. JAMES EARL HILL, an individual STERILITE CORPORATION OF ALABAMA, is a domestic corporation licensed to do business in the State of Alabama, et al., Defendants.  In the Circuit Court of Jefferson County, Alabama Civil Action Number 02-241
 
This lawsuit arises out of a wreck that occurred on on Sterilite Drive in Birmingham, Alabama. Plaintiff was a passenger in an automobile driven by Plaintiff Smith that was struck by a Ayard truck driven by Defendant Hill. At the time of the collision, Defendant Hill was working in the line and scope of his duties as an employee and/or agent of Defendant Defendant Sterilite. A yard truck is a vehicle that is used to move Atrailers from the dock to the yard and from the yard to the dock@. Defendant was driving the Ayard truck on a public roadway. Defendant Hill turned left crossing the center yellow line and entered into the opposite lane of traffic and directly into the path of the oncoming vehicle driven by Mr. Smith.   The Defendant struck the car in the driver's door and the car was forced over an embankment. Plaintiff Smith suffered injuries in the above-described collision from which he died. Plaintiff Yancy suffered severe physical damage to his body that left him permanently injured.
 
Settlement pursuant to confidentiality agreement.


Commercial Vehicle CaseDONNIE SINGLETON, an individual, Plaintiff, vs. RODNEY D. LAWRENCE, an individual; STANFORD LEASING, INC. a domestic corporation; and HANDLEY TRUCKING, Defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number 07-665
 
This lawsuit arises out of a commercial vehicle wreck that occurred on October 31, 2005 in Jefferson County, Alabama. Plaintiffs alleged that Defendant Lawrence improperly merged into the lane occupied by Plaintiff. Plaintiffs maintained that Defendant Lawrence crossed into Plaintiff's lane without warning of his intentions. Defendant Lawrence admitted that he did not see Plaintiff's vehicle prior to impact. Defendant Lawrence was working as an agent/employee of Stanford Leasing, Inc and/or Handley Trucking at the time of the collision. The truck driven by Defendant Lawrence impacted Plaintiff's vehicle with such force that it caused it to wrap around the front bumper of Defendant's truck, and pushed it down the roadway several hundred feet until it was caused to flip. Plaintiff suffered severe physical damage to his body that left him permanently injured.
 
Settlement pursuant to confidentiality agreement.

Commercial Vehicle Case - INEZ Z. HILL, an individual, and WALTER HILL, JR., an individual, Plaintiffs, vs. BOGDEN BEREGOVSKY, an individual, and KOLUSH TRANS, INC, a foreign corporation, Defendants. In the Circuit Court of Jefferson County, Alabama. 
 
This lawsuit arises out of a incident where a commercial vehicle crashed into Plaintiff's home. Defendant Beregovsky was an operator of a tractor-trailer owned by Kolush Transportation. Defendant Beregovsky became lost in the middle of a residential area in North Birmingham and parked the tractor-trailer at the top of an extremely steep hill. Beregovsky then exited the tractor-trailer in order to walk down the hill so that he could determine whether he could make a right turn at the bottom. Beregovsky left the tractor-trailer in neutral with the parking brakes engaged. Not surprisingly, the tractor-trailer barreled out of control down the hill until it smashed into Plaintiff's home at the bottom. When the Defendant's 18 wheeler crashed into the home, Ms. Hill and her son were at home. Ms.   Hill was in her bedroom in the direct pathway of the tractor-trailer when it blasted through the bedroom window and bedroom wall. The Hills narrowly escaped to the rear of the house in order to prevent being killed. Inspection of the tractor-trailer revealed that the brakes were improperly maintained and in utter disrepair. Plaintiff maintained that Defendants violated Alabama's brake statutes and brake requirements of the Federal Motor Carrier Safety Regulations.
 
Settlement pursuant to confidentiality agreement.


Commercial Vehicle Case - JOANNE M. FALLS, Plaintiff vs TERRY D. MILLER and ONYX WASTE SERVICES SOUTHEAST, INC., Defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number 04-0384.

This lawsuit arises out of a commercial vehicle wreck that occurred on July 17, 2003. Defendant Miller was driving a garbage truck that was owned by his employer Defendant Onyx. Prior to the wreck, Defendant Miller had driven the garbage truck to the Mt. Olive landfill north of Birmingham. At the time of the wreck, Defendant Miller was traveling on Interstate 20/59 passing through Birmingham driving towards Moody. Plaintiff was behind Defendant Miller traveling in the same direction on Interstate 20/59. The wreck happened when a dump that was attached to the arms on the front loader of the garbage truck ran into the portion of the 31st Street bridge that extends over Interstate 20/59. After the dump struck the 31st Street bridge, it tore apart from the truck and struck Plaintiff's vehicle causing Plaintiff's vehicle to overturn and come to rest upside-down on its roof. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle CaseMICHAEL W. HALE, an individual vs. CHOCTAW, INC., a corporation. In the Circuit Court of Jefferson County, Alabama Civil Action Number 01-CV-224.
 
This is an improper loading case that injured a commercial driver. The incident occurred on August 31, 1999, when Mr. Hale reported to the premises of Choctaw, Inc. in Jefferson County, Alabama to pick up a load of pipes to be transported to a construction site. Prior to his arrival, employees and/or agents of Choctaw, Inc. had loaded the pipes onto a trailer. Mr. Hale drove his tractor into the yard at Choctaw in order to have the loaded trailer connected for hauling. Plaintiff alleged that the Choctaw agents/employees failed to properly load, block and/or secure the load. Upon arrival at the delivery site Mr. Hale began to loosen the cables which had been applied at Choctaw, at which time the loaded pipes suddenly rolled off the trailer and onto Mr. Hale, causing him serious and permanent physical injuries.
 
Settled pursuant to a confidentiality agreement. 


Commercial Vehicle Case - CHARLES EDWARD HENRY, I, individually and as Administrator of the Estate of CHARLES EDWARD HENRY, II, Deceased, Plaintiffs, vs. STEPHEN G. SCHMIDT, an individual; THE DECKER TRANSPORT CO., INC., a corporation; P.A.M. TRANSPORTATION SERVICES, INC., a corporation, Defendants. In the United States District Court for the Northern District of Alabama, Southern Division, Civil Action No: 02-N-2369-S.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about September 30, 2000. Plaintiff's Decedent was operating a 1999 Mazda automobile traveling north on Interstate 59 at/or between Interstate 65 and Arkadelphia Road in Birmingham, Jefferson County, Alabama. At that time, Defendant Schmidt was traveling north on Interstate 59 in Birmingham, Jefferson County, Alabama, while operating a tractor trailer owned by Defendants Transport, and while acting in the line and scope of his employment with Defendants Transport. Plaintiffs alleged that Defendant Schmidt did negligently and/or wantonly cause the tractor/trailer which he was driving to strike, collide with, run into, upon and against the motor vehicle being operated by Plaintiff's Decedent. Plaintiffs maintained that Defendant Schmidt failed to maintain a safe and proper speed under the circumstances, failed use proper visual search techniques and keep a prudent and proper lookout as he approached the automobile which Plaintiff's Decedent was operating, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby colliding with the automobile being operated by Plaintiff's Decedent.
 
Settled pursuant to a confidentiality agreement. 

Commercial Vehicle CaseOZZIE HOOD, Jr., an individual vs. SUMMIT PIPE & SUPPLY COMPANY, INC., a corporation.
 
This is a load spill case that injured a commercial driver on December 20, 2004 at Summit Pipe & Supply Company in Northport, Alabama. Mr. Hood exited his vehicle after arriving in order to remove the straps used to secure the load of pipe to the trailer. Mr. Hood successfully untethered on side of the straps, through them over the load, walked to the opposite side of the trailer and began recoiling the straps on spools affixed to the trailer. The process of recoiling the straps required Mr. Hood to stand next to the trailer. As Mr. Hood was standing next to the trailer recoiling the straps, your clients employee knocked the pipe from the trailer on top of Mr. Hood. This employee failed to determine whether Mr. Hood had completed recoiling the straps or whether Mr. Hood was out of harms way prior to attempting to unload the pipe. According to a witness and Mr. Hood pallets of piping were knocked onto my client. Given the total weight of the pallets on the shipping order of 24,284, and there being a total of 37 pallets, we calculate that this amounted to a weight of approximately 656 pounds per pallet. Plaintiff was caused to suffer severe physical damage to his body that left him permanently injured.
 
Settled pursuant to a confidentiality agreement. 


Commercial Vehicle Case - LORETTA HOUDESHELL, an individual; and LEIGHTON HOUDESHELL, an individual; Plaintiffs, vs. MICHAEL LEO FEIST, an individual; SMITH'S TRUCKING, a domestic company doing business in the State of Alabama; RICHARD BLAINE CHUNN, an individual; CHAR-LO, INC., a domestic corporation licensed to do business in the State of Alabama; WALTER FANNING, an individual; W&L TRUCKING, a domestic corporation; and GRANGE INSURANCE COMPANY, a foreign company licensed to do business in the State of Alabama; Defendants.In the Circuit Court of Jefferson County, Alabama Civil Action Number 03-2353.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about May 3, 2002. Plaintiffs were traveling on Interstate 65 when a four (4) inch by four (4) inch wooden post fell from a flatbed tractor-trailer ahead of Plaintiffs. After falling from the tractor-trailer, the post entered and came to rest in Plaintiffs' lane of travel. Plaintiffs were unable to avoid the post by changing lanes due to heavy traffic and subsequently rolled over the post . Plaintiffs' vehicle was then struck from the rear by a tractor-trailer being driven by Defendant Chunn. At the time of the wreck, Defendant Chunn was acting in the line and scope of his employment with Defendants Char-Lo, Inc. Plaintiffs maintained that Defendant Chunn failed to maintain a safe and proper speed under the circumstances, failed use proper visual search techniques and keep a prudent and proper lookout as he approached the automobile which Plaintiffs was operating, failed to use proper hazard perception techniques and failed to utilize proper space management, thereby colliding with the automobile being operated by Plaintiffs. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.
 
Settled pursuant to a confidentiality agreement. 

Commercial Vehicle Case - SUE HUFFSTETLER, an individual; and as mother and next friend of BRANDON HUFFSTETLER, a minor; and ANTHONY HUFFSTETLER, individually, Plaintiffs vs. WILLIAM J. PHILLIPS, an individual; KLLM TRANSPORT SERVICES, a corporation; LIBERTY MUTUAL INSURANCE COMPANY, a corporation, Defendants. In the Circuit Court of Jefferson County, Alabama Civil Action Number 02-5545.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about the 6thth day of August, 2000, on a public roadway in Jefferson County, Alabama, to wit: Interstate 65 North at or between Sardis Road and Mary Buckelew Parkway. Plaintiffs alleged that Defendant Phillips did negligently and/or wantonly operate a motor vehicle in such a manner so as to strike and collide with, run into, upon and against the vehicle occupied by the Plaintiffs. Plaintiffs maintained that, at the time of the incident made the basis of this lawsuit, Defendant Phillips was acting in the line and scope of his employment and/or agency for Defendant KLLM. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.
 
Settled pursuant to a confidentiality agreement. 


Commercial Vehicle Case - MINABERE IBELEMA, an individual; TAMUNOBITIRI IBELEMA, an individual; and IBIM IBELEMA, a minor child who sues by and through his mother and next friend, TAMUNOBITIRI IBELEMA; Plaintiffs vs. MAIL CONTRACTORS OF AMERICA, INC., a corporation; JAMES R. EYSTER, an individual; VERNON F. VAUGHN, an individual; defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number 99-6315.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about the 11th day of November, 1997, on a public roadway in Jefferson County, Alabama, to-wit: Interstate 20 at or near Node 5004. Plaintiffs alleged that Defendant Eyster did negligently and/or wantonly cause a motor vehicle to strike, and collide with, run into, upon and against the vehicle occupied by Plaintiffs. Plaintiffs maintained that Defendant Eyster was acting in the line and scope of their employment and/or agency for Defendants Mail Contractors. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.
 
Settled pursuant to a confidentiality agreement.   

Commercial Vehicle Case - RACHEL KILGORE, individually and as next friend of COREY KILGORE, a minor, Plaintiffs vs. DFC TRANSPORT, a corporation; RUSSELL K. BENDON, an individual; JAMES F. AUSTIN, Jr., Defendants. In the Circuit Court of Jefferson County, Alabama, Bessemer Division, Civil Action Number 02-1658.

This lawsuit arises out of a commercial vehicle wreck that occurred on March 16, 2002, on Interstate 459 at I-20/59 and Eastern Valley Road in within the Bessemer Division of Jefferson County, Alabama. Rachel Kilgore was the driver of an automobile in which her minor child, Corey Kilgore, was a passenger. The vehicle that Ms. Kilgore was driving was in the right lane of Interstate 459. Ms. Kilgore became involved in an accident involving another automobile being driven by James F. Austin, Jr. Mr. Austin's vehicle was in the left lane of Interstate 459 slightly in front of Ms. Kilgore's vehicle. The vehicle being driven by Mr. Austin turned into Ms. Kilgore's lane of travel striking her vehicle causing it to spin out of control. After Ms. Kilgore's vehicle was knocked out of control, it struck the guardrail and spun back onto the interstate where it came to a complete stop in the left lane. Russell Bendon was the driver of a tractor-trailer owned by DFC Transport. Prior to the collision between Mr. Austin and Ms. Kilgore, the tractor-trailer that Mr. Bendon was driving was in the right lane. After Ms. Kilgore's vehicle was knocked out of control, smashed into the guard rail, re-entered the left lane of Interstate 459 and came to a complete stop, Mr. Bendon merged into the left lane and crashed into Ms. Kilgore's stopped vehicle. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.
 
Settled pursuant to a confidentiality agreement.   


Commercial Vehicle Case - WANDA CARDELLA, as Administratrix of the Estate of ANTHONY D. CARDELLA, an individual; and BARBARA LEE, an individual; Plaintiff vs. SOUTHERN FARMS TRANSPORTATION, INC., a corporation; and LARRY LEE DOTY, an individual; Defendants. In the Circuit Court of Morgan County, Alabama, Civil Action Number 04-63.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about June 19, 2002. Plaintiff Cardella was operating a motorcycle on which Plaintiff Lee was a passenger, which was traveling south on U. S. Highway 231. Defendant Doty was operating a tractor trailer owned by Defendant Southern Farms and traveling south on U. S. Highway 231 while acting in the line and scope of his employment with Defendant Southern Farms. Plaintiffs alleged that the tractor trailer being operated by Defendant Doty suddenly moved to the right, causing a collision with the motorcycle operated by Plaintiff Cardella. Plaintiff Cardella suffered injuries in the above-described collision from which he died. Plaintiff Lee suffered severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement.   

Commercial Vehicle Case - RILEY ELLIS, Jr., as the sole wrongful death heir of GIOVANNI CRYSTIAN MOORE, deceased and STERLING JERROD ELLIS MOORE, deceased, Plaintiff vs. GIBBES COTTON Co., INC., a Mississippi corporation and KERRICK D. JOHNSON, an individual, Defendants. In the Circuit Court of Claiborne County, Mississippi, Civil Action Number 2007-54.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about 12th day of January, 2007 at the intersection of Highway 18 and Old Highway 18 in Claiborne County, Mississippi. Plaintiff alleged that Defendant Johnson negligently and/or wantonly operated a commercial vehicle in violation of the Federal Motor Carrier Safety Regulations and Mississippi Law. Plaintiff alleged that at the time of the incident made the basis of this lawsuit Defendant Johnson was acting in the line and scope of his employment and/or agency for Defendant Gibbes Cotton. Plaintiff's position was that the Defendant's vehicle and driver were illegal under three laws: (1) Federal Motor Carrier Safety Regulations (FMCSR); (2) state regulations governing the operation of commercial vehicles; and (3) state laws regulating the operation of any vehicle. Both Giovanni and Sterling Moore died in this wreck.
 
Settled pursuant to a confidentiality agreement.   


Commercial Vehicle Case - JESSIE G. NELSON, an individual and NELDA KING, an individual, Plaintiffs vs. CHARLES E. ATCHISON, Jr., an individual; CASEY TRUCKING, INC., a corporation, Defendants.  
 
This lawsuit arises out of a head-on commercial vehicle wreck. Plaintiff alleged that the wreck occurred when the commercial vehicle operated by Defendant Atchison crossed into the lane of traffic operated by the Plaintiffs' vehicle. Plaintiff took the position that Defendant Atchison was not allowed by law to drive a commercial vehicle on the date of the wreck. A commercial driver who is disqualified shall not drive a commercial motor vehicle. FMCSR  391.15, 383.5 and 383.51 govern the disqualification of a driver. A conviction for a disqualifying offense automatically disqualifies a driver from driving for the period specified in the FMCSR. A driver is disqualified from driving by FMCSR ' 383.5 for committing a serious traffic violation. A serious traffic violation is defined by FMCSR 383.5 to include excessive speeding, which is 15 mph or more above the posted speed limit.   The State of Alabama also defines a serious traffic violation to include excessive speeding of a speed of 15 miles per hour or more above the posted speed limit. Ala. Code 32-6-49.3 (21)(a). Two serious traffic violations within 3 years disqualifies the driver for 60 days. FMCSR  383.5. Defendant Atchison was first convicted of excessive speeding after he was caught driving 70 mph in a 55 mph zone on November 20, 2002. Defendant Atchison was next convicted of excessive speeding he was caught driving 71 mph in a 55 mph zone on March 11, 2003. Therefore, Defendant Atchison was disqualified from operating a commercial vehicle until May 11, 2003. This wreck occurred on May 4, 2003 during Defendant Atchison's disqualification period. Plaintiffs were caused to suffer severe physical damage to their bodies that left them permanently injured.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - LILLIE MAE NETHERTON, an individual, Plaintiffs vs. LANDS TRANSPORTATION, INC., a corporation; SAMMY D. TERRELL, an individual, STATE FARM INSURANCE, a corporation, Defendants.                     
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about June 2, 2003, on a public roadway in Cullman County, Alabama, to wit: U. S. 278 at or between County Road 940 and County Road. Plaintiff alleged that Defendants Lands Transportation and Terrell negligently and/or wantonly operated the tractor/trailer which collided with the vehicle occupied by Plaintiff. Plaintiff maintained that at the time of the incident made the basis of this lawsuit Defendant Terrell was acting in the line and scope of their employment and/or agency for Defendant Lands. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement.


Commercial Vehicle Case - KEVIN ALMON RIVERS, an individual, Plaintiff vs. HUNTSVILLE WHOLESALE FURNITURE, a corporation, d/b/a LA Z BOY FURNITURE GALLERIES; BRADLEY SCOTT CORBETT, an individual; Defendants. In the Circuit Court of Lawrence County, Alabama, Civil Action Number 2003-115-J.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on April 13, 2002. Defendant Corbett was driving a commercial vehicle making a furniture delivery for his employer Huntsville Wholesale Furniture. Mr. Corbett was traveling on County Road 327 when he realized that he missed the driveway for the home to which he was to make the delivery. Instead of proceeding down County Road 327 until he could make a safe turn, Mr. Corbett illegally put his vehicle into reverse traveling over 25 feet before crashing into Mr. River's vehicle. Plaintiff took the position that this case was about is an unqualified driver operating a commercial vehicle for a company that does not comply with safety regulations. Mr. Corbett did not have a commercial driver license and had never received any commercial vehicle driver training prior to the wreck. Plaintiff was caused to suffer severe physical damage to his body.    
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - JANICE ROUNTREE, individually and as Administratrix of the Estate of STEPHEN BLAKE ROUNTREE, deceased minor, Plaintiff v. LAKESIDE TRANSPORTATION SERVICES, LLC, a corporation; and JIMMIE F. FLOYD, an individual, Defendants. In the Circuit Court of Pike County, Alabama, Civil Action Number 04-H-127. 
 
This lawsuit arises out of a commercial vehicle wreck that occurred on July 18, 2003. Plaintiff=s decedent was operating a vehicle on County Road 65 near the intersection of U. S. Highway 231 in Pike County, Alabama. Defendant Floyd was operating a tractor-trailer owned by Defendant Lakeside which was traveling on U. S. Highway 231 while acting in the line and scope of his employment with Defendant Lakeside. The tractor-trailer being operated by Defendant Floyd struck and collided with the vehicle operated by Plaintiff's Decedent, Stephen Blake Rountree. Plaintiff's Decedent suffered injuries in the above-described collision from which he died. Plaintiff alleged that Defendant Floyd acted negligently and/or wantonly in that he failed to maintain a safe and proper speed under the circumstances, failed to use proper visual search techniques and keep a prudent and proper lookout, failed to use proper hazard perception techniques, failed to utilize proper space management, and otherwise failed to exercise reasonable care and follow all applicable rules of the road and regulations in the operation of his vehicle, thereby causing a collision with the vehicle operated by Plaintiff's Decedent.


Commercial Vehicle Case - DANIEL WAYNE CARPENTER, a minor, by and through his guarduian and natural father, DARRON WAYNE CARPENTER, for and on behalf of himself, and on behalf of all other parties entitled to recover for the wrongful death of his mother, MYLINDA ANN RUSHING, and DEBRA KAY GILBERT, for and on behalf of herself, and on behalf of all other parties entitled to recover for the wrongful death GREGORY B. MCKENZIE, Plaintiffs vs. CHARLES EVANS TRUCKING, Inc., a domestic corporation; Hood Industries, Inc., a domestic corporation, and Lee A. King, an individual, Defendants. In the Circuit Court of Forrest County, Mississippi, Cause Number CI05-0075.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on or about the 3rd day of October, 2004, on a public roadway in Perry County, Mississippi, to wit: Highway 98 West at its intersection with Highway 29. Plaintiffs allege that Defendant King wrongfully and negligently operate a commercial vehicle which collided with the vehicle occupied by McKenzie and Rushing. At the time of the incident made the basis of this lawsuit Defendant King was acting in the line and scope of his employment and/or agency with Charles Evans Trucking and/or Hood. Plaintiffs took the position that this case is about a professional truck driver, Lee King, that was speeding in a commercial vehicle after having been drinking alcohol in violation of violate the Federal Motor Carrier Safety Regulations; Mississippi motor vehicle statutes; and company policy. Mylinda Rushing and Greg McKenzie died in the wreck.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle CaseJIMMIE BAGGETT, as the Administrator of the Estate of Nahum Maldonado Zaragoza, Deseased; and JIMMIE BAGGETT, as the Administrator of the Estate of Bernardo Velasco Zaragoza, Deseased vs. DOLPHIN LINE, INC.; BILLY BROCKWLL, AND IGNACIO MALDONADO ZARAGOZA, Deceased, In the Circuit Court of George County, MississippiI, Cause No.: 2010 - 0283(1).
 
Plaintiffs' allegations were as follows. This case is about a professional truck driver, Billy Brockwell, that was accelerating into an intersection in violation of Mississippi law while failing to keep a proper lookout in a fatigued condition.  This case is not merely about a momentary lapse in judgment by Mr. Brockwell.  It is instead a case of a catastrophe waiting to happen due to the manner in which Dolphine Line operates its company.  Unfortunately, this catastrophe stole three wonderful individuals from the Zaragousa family.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - JUDY L. SHOUPE, an individual, and STEPHEN SHOUPE, an individual, Plaintiffs vs. ESTABAN V. CANDIDO, an individual; INTERSTATE TRANSPORTATION SERVICES, INC., a foreign corporation, et al., Defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number 04-1986.
 
This lawsuit arises out of a commercial vehicle wreck that occurred when the commercial vehicle operated by Defendant Valdes crossed into the lane of traffic occupied by the Plaintiff's vehicle. Plaintiff took the position that this case is not just about a dangerously unqualified professional truck driver, but an even more dangerous commercial carrier. Plaintiff maintained that this wreck was a catastrophe waiting to happen due to the manner in which Interstate Freight operates its company. Plaintiff alleged that Interstate Freight consistently operates in violation of the Federal Motor Carrier Safety Regulations (FMCSR). Plaintiff maintained that Mr. Valdes was not allowed by law to drive a commercial vehicle on the date of the wreck. Before a carrier allows an individual to drive, it has an affirmative duty to determine if the individual is qualified. FMCSR 391.11 provides that to be initially qualified to operate a commercial motor vehicle, the driver must meet eleven (11) separate criteria, including being able to Aread and speak the English language. There is absolutely no dispute that Mr. Valdes could not read English and does not speak the English Language. The investigating police office testified that Mr. Valdes could not speak any English.   All witnesses present at the wreck scene testified that Mr. Valdes could not communicate in English. Defense counsel had to request that a translator be present at Mr. Valdes' deposition so that he could be understood. Mr. Valdes did not meet the most basic requirement in order to qualify a commercial driver pursuant to FMCSR 391.11. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement. 


Commercial Vehicle Case - DAVID SIMS, an individual, Plaintiff vs. S&M EQUIPMENT, a corporation; DANIEL C. HOLT, an individual, Defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number CV2003-380.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on July 14, 2003. Defendant Daniel C. Holt was operating a commercial vehicle for Defendant S & M Equipment. Prior to the wreck, Defendant Holt was had been 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 stopped 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. Plaintiff was caused to suffer severe physical damage to his body that left him permanently injured.
 
Settled pursuant to a confidentiality agreement. 

Commercial Vehicle Case - SARAH CONSTANCE WALKER, an individual, Plaintiff vs. J. WAYNE, INC., a Georgia corporation, HORACE CLEVELAND, an individual; ALFA INSURANCE COMPANY, a corporation, Defendants. In the Circuit Court of Macon County, Alabama.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on October 24, 2004, on a public roadway in Macon County, Alabama, to wit: Interstate 85 near the Franklin City Limit. Plaintiff alleged that Defendant Horace Cleveland did negligently and/or wantonly operate the tractor/trailer with which the Plaintiff collided. At the time of the incident made the basis of this lawsuit Defendant Horace Cleveland was acting in the line and scope of their employment and/or agency for Defendant J. Wayne. Plaintiff alleged that Defendant Horace Cleveland's actions were in furtherance of a company-wide pattern and practice of consciously and/or recklessly disregarding the safety of the motoring public in order to advance the financial gains of the company. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement. 


Commercial Vehicle Case - HENRY L. LUCAS, as Administrator of the Estate of Laketa Lucas; DOROTHY LUCAS, individually, and HENRY L. LUCAS, as husband and next friend of Dorothy Lucas, Plaintiffs vs. CLAY COUNTY, MISSISSIPPI, Defendants.
 
This case involves negligent loading of a commercial vehicle that caused a wreck. This incident occurred on July 24, 2006 in Clay County, Mississippi while the vehicle being operated by Laketa Lucas was traveling east on Brand Una Road when Clay County workers were attempting to pull a tractor onto its tracks after it overturned while being loaded onto a trailer. The county workers had stretched a heavy steel cable across both lanes of the roadway, each end of which was attached to heavy road equipment, in an attempt to recover the overturned tractor. As should have been anticipated, Ms. Lucas was unable to avoid colliding with the unseeable cable. As a result of the collision, Laketa Lucas suffered injuries which resulted in her death.    Dorothy Lucas, the passenger in the vehicle, suffered severe physical damage to her body that left her permanently injured.
 
Settled pursuant to a confidentiality agreement.

Commercial Vehicle Case - CURTIS HARRIS, Jr., an individual vs. DALE KRAGNESS, an individual; and J B HUNT TRANSPORT, INC, a corporation.
  
This lawsuit arises out of a commercial vehicle wreck that occurred when Mr. Harris was rear-ended. Mr. Harris alleged that Mr. Kragness failed to keep a proper lookout and maintain a safe following distance. In doing so, he violated the law in Mississippi, industry standards regarding proper driving techniques and the driving requirements of the Federal Motor Carrier Safety Regulations (FMCSR). Mr. Harris contended that Mr. Kragness: failed to yield the right-of-way and violated the Federal Motor Carrier Safety Regulations regarding safe vehicle operation, proper visual search, speed management, space management, hazard perception and emergency maneuvers. Plaintiff was caused to suffer severe physical damage to his body that left him permanently injured.
 
Settled pursuant to a confidentiality agreement.       


Commercial Vehicle Case -CHRISTINE V. MANNOR, an individual, Plaintiff vs. QUALITY CARRIERS, INC., a corporation; HERBERT W. PETESKIN, an individual, Defendants. In the Circuit Court of Etowah County, Alabama, Civil Action No.: 31-CV-2007-900029.
 
This lawsuit arises out of a commercial vehicle wreck that occurred on the 13th day of October, 2005, on a public roadway in Etowah County, Alabama, to wit: U. S. Highway 431. Plaintiff alleged that Defendants Quality Carriers and Peteskin negligently and/or wantonly operated the tractor/trailer which collided with the vehicle occupied by Plaintiff. At the time of the incident made the basis of this lawsuit Defendant Peteskin was acting in the line and scope of his employment and/or agency for Defendant Quality. Plaintiff was caused to suffer severe physical damage to her body that left her permanently injured.
 
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 Alevels 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.

 

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