Widow and Minor Children Recover Damages Against Trucking Company and Driver

A wrongful death action was filed on behalf of the widow and minor children of a man who was killed when his vehicle was rear-ended by an eighteen wheel truck. In the lawsuit, we proved that the driver of the eighteen wheeler fell asleep after driving more hours than the maximum allowed by D.O.T. regulations and that the truck he was operating exceeded the maximum weight limit. The deceased was the family’s breadwinner and the recovery provided the widow and minor children with sufficient funds for their support and education of the children.

Confidential Settlements Reached for Families of Victims and Survivors of Capsized Pleasure Boat

Suit was filed in Federal Court on behalf of the families of a deceased victim and a survivor of an unseaworthy vessel that capsized on the Tennessee River. This involved employing and working closely with naval architects who evaluated and tested the boat. A weather expert was employed to show that the boat did not capsize as the result of a weather-related microburst. Settlements were reached during the week of trial in substantial, but confidential amounts.

Minority Stockholder Holds Majority Stockholder Liable for Corporate Oppression

A minority stockholder of a small corporation in North Alabama was fired when he objected to mismanagement by a majority stockholder. We proved during litigation that the majority stockholder had siphoned over $100,000.00 from the corporation to pay his personal expenses. Recovery for the minority stockholder exceeded $400,000.00.

Employee Recovers $3,000,000.00 Under Stock Bonus Plan

Suit was filed in Federal Court on behalf of an employee of a major corporation in Huntsville, Alabama, for stock in the company that had been promised to him. When the company was newly formed and struggling financially, the employee had worked for a reduced salary and was promised that he would receive company stock. After a multi-day trial, the Judge ordered the major corporation to pay over $3,000,000.00 in stock to our client.

Worker Settles for $650,000.00 with Manufacturer of Machine

A bread company employee received a severe crush injury to her right arm when it got caught in a machine at work. We successfully brought two claims for her injury. On her workers’ compensation claim, she received a recovery based on permanent total disability, and on the product case, she received $650,000.00 from the manufacturer of the machine. Experts were employed who testified that the machine that crushed her arm was negligently designed and manufactured without reasonable safety guards that would have protected her from injury.

Negligent Installation of Hot Water Heater Causes 2nd and 3rd Degree Burns

Our client unnecessarily received extensive 2nd and 3rd degree burns to her neck and torso as a result of an improperly installed hot water heater. Experts determined that installation of the hot water heater violated the specific directions that came with the hot water heater and building code regulations. As a result of the negligent installation, the woman was exposed to tap water that greatly exceeded safe maximum temperatures. These burns left her with mental and physical impairment, as well as severe disfigurement. We were able to secure a settlement for this young mother of two in the amount of $750,000.00.

Recovery for Negligent Design of Aircraft Fuel System

We represented a passenger in a small aircraft that crashed shortly after takeoff from an airport in North Alabama. The young woman sustained widespread 2nd and 3rd degree burns to her legs that required extensive skin grafting. Through the use of experts, we were able to prove that the plane crashed because the engine stalled as a result of condensation that had accumulated in the fuel system. We were able to negotiate a settlement of $450,000.00 with the manufacturer.

Motorcycle – Truck Collision Results in Settlement for Limits of Policies

The driver of a motorcycle sustained knee and tailbone injuries when his cycle was rear-ended by a truck at a red light. The truck’s driver was not paying attention when the collision occurred. The maximum of the insurance available under the liability policy and the maximum under the uninsured motorist policy on the motorcycle were recovered.

Settlement Negotiated for Family After Two-Ton Truck Crashes Through Their Home

An out-of-court settlement was reached for family members who sustained property damage, personal injuries and mental distress when a two-ton truck loaded with soft drinks crashed into their home while they were sleeping. We successfully proved that the soft drink company hired an incompetent driver to operate the truck.

Ankle Fracture from Motor Vehicle Collision Results in Settlement of $125,000.00

A Madison County woman sustained a serious ankle fracture in a motor vehicle collision and underwent surgery. She was left with residual pain and swelling in the ankle. Through our efforts, she recovered $125,000.00 from the Defendant’s insurance carrier and her own insurance company. This was the total of all available insurance coverage.

Passenger Successful in Claim Against Ford Motor Company for Defective Airbag

We represented a passenger in a Ford Taurus who sustained serious injuries when the front passenger side air bag deployed during a collision, striking her in the face and head. It was proven that the airbag did not have the proper tether, which allowed the airbag to extend beyond the distance necessary to protect the passenger. The impact of the airbag caused her to sustain fractured cervical vertebrae and facial fractures. A substantial, but confidential recovery was obtained from the manufacturer.

Automobile Accident Death Case Settles for Limits of All Policies

A young mother suffered fatal injuries in a motor vehicle collision. We assisted her family in their claims against the adverse driver and the uninsured motorist insurance carrier. This case was settled for the limits of all available insurance.

Settlement for Family of Cyclist Killed by Truck that Exceeded Allowable Dimensions for Bridge

The insurer for a trucking company paid a substantial settlement to the family of a young soldier who was killed when he was struck by a truck while riding his bicycle across a bridge. Investigation revealed that the truck’s dimensions and weight exceeded the posted allowable limits for the bridge and this led to the untimely death of the young man.

$30,000.00 Settlement Reached for Customer Who Slipped in Oil and Fell at Large Discount Store

A customer fell as a result of oil on the floor near the automotive department of a large discount store. The oil had seeped out of empty oil cans that were stored in a drum near the customer area. We proved that the oil had been there long enough that the store employees should have been aware of it and cleaned it up. Our client sustained a painful shoulder injury, but recovered without lasting impairment.

Pedestrian Death Case Settled for Limits of Insurance Coverage

A fourteen year old pedestrian was crossing a county road to his mailbox, when he was struck and killed by a vehicle. We were able to prove, through investigation and reconstruction, that the vehicle’s driver was speeding because he was late for work. Faced with these facts, the insurance company paid its policy limits to the parents of the deceased minor.

Recovery Against Television Station for Employee’s Negligence in Vehicle Collision

Employees of a local television station were traveling down the mountain on Governors Drive in Huntsville to cover a news story in Montgomery, Alabama. The driver of the television station’s vehicle lost control in one of the curves of Governors Drive, crossed the median and struck the vehicle occupied by a young woman. This wife and mother suffered extensive orthopedic injuries and loss of earning capacity. The case was settled just prior to trial, with the insurance company for the television station paying over $750,000.00 for this family’s losses.

$55,000.00 Settlement for Facial Injury Suffered in Car Crash

A young woman sustained a laceration to her left cheek in a motor vehicle collision that resulted in a 1 ½ inch permanent scar. The case was settled with the adverse driver’s insurance company for the sum of $55,000.00, largely based on the permanent facial scar.

Contractor Liable to Homeowner

A homeowner brought a claim against the contractor who negligently installed windows in the sunroom at his residence. The windows leaked after installation, resulting in damage to the homeowner’s floor coverings and furnishings. After suit was filed, the parties reached a settlement for the cost of repairing the home, replacing the damaged furnishings and flooring, and for the owners’ emotional distress that resulted from having to deal with a damaged residence for months.

Recovery for Estate of Individual Who Died After Taking Flu Vaccine

A national effort to vaccinate against a virulent strain of the flu resulted in a rare illness called Guillain-Barré syndrome and multiple deaths nationally, including the death of a Madison County woman. This firm represented the family of the local deceased woman and participated in multi-district litigation against the government, and the manufacturers of the vaccine, in which just compensation was sought for those who died, contracted Guillain-Barre Syndrome or other conditions as a result of taking the flu vaccine. A significant recovery was obtained for the husband and children of this wife/mother/registered nurse who died after receiving an injection of the vaccine.

Negligent Design and Construction of Porch that Collapsed Results in Recovery Against Builders

We represented an employee of a local pest control company who was injured when a large porch collapsed on him. Suit was filed and it was learned through discovery that the porch had been constructed with untreated lumber and had not been built to the standards required by the Southern Building Code. The untreated lumber rotted, making the porch a danger to all who came into contact with it. Faced with this proof, the liability insurance carrier for the company that constructed the porch quickly paid a generous, but confidential settlement to the injured individual.

Judgment Against Billboard Company for Unreasonable Delay in Complying with Contract

A billboard company signed a contract with a property owner to construct a billboard on the landowner’s property and to pay the landowner a monthly payment after the billboard was constructed and put in use. The billboard company delayed construction of the billboard for several months, during which time the city’s ordinance governing billboards was amended. The amended ordinance prevented the landowner from using his property as a site for the billboard. We proved that the unreasonable delay by the billboard company resulted in the billboard not being in operation before the ordinance was amended. A judgment was entered for the landowner in an amount equal to the total value he would have collected in rent under the contract.

Owners of Convenience Store Liable for Selling Alcohol to Minors and Resulting Death

We successfully represented the family of a minor who was killed in an automobile collision after he and his friends purchased alcohol at a local convenience store and consumed it. It was demonstrated that the owners of the convenience store violated the Dram Shop Statute by selling alcoholic beverages to minors, and that they had sold alcohol to minors on many prior occasions.

Multi-Million Dollar Settlement for Workers and Local Residents Exposed to DDT

More than 6,000 residents of north Alabama and former employees of the Olin Chemical Company filed suit in Federal Court for claims relating to DDT exposure. Olin Corporation operated a plant from 1947 until 1970, which manufactured and sold DDT to the Army and other companies for use as a pesticide. During this time, wastewater from Olin that was contaminated with DDT drained into the Huntsville Spring Branch. During the 22 years Olin was in operation, as much as 4,000 tons of DDT escaped and accumulated in the sediment along the Huntsville Spring Branch. Olin Corporation paid millions of dollars into a settlement fund from which the affected people were compensated. This firm represented the workers of the Olin Chemical Company, who were exposed to DDT on a daily basis. Medical testing determined the amounts of the individual recoveries.

$240,000.00 Recovery Against Feed Company for Motor Vehicle Collision

Our client sustained a severe knee injury when the driver of a feed truck failed to yield the right-of-way and struck her vehicle. Her injury ultimately required total knee replacement. After filing suit, a $240,000.00 settlement was reached through mediation.

Grocery Store Liable to Customer Who Slipped on Anti-Freeze and Fell

A customer of a grocery store slipped on anti-freeze in the parking lot near the store’s entrance and sustained orthopedic injuries when she fell. It was proven that the assistant manager of the store knew of the anti-freeze spill prior to my client’s injury, but had failed to take proper measures to have it cleaned up. His failure to do so created a dangerous condition for all customers of the store. A $95,000.00 settlement was paid by the liability carrier for the grocery store.

$120,000.00 Policy Limits Settlement Involving Intoxicated Defendant Driver

Our client, a night watchman, was injured when his vehicle was struck by a vehicle being operated by an intoxicated driver. The intoxicated driver’s vehicle was going the wrong way on a one-way street at the time of the collision. Our client suffered a severely fractured finger that required surgery and a large rotator cuff tear. We were able to obtain policy limits settlements from both the intoxicated driver’s insurance carrier and the underinsured motorist carrier.

Fire Related to Security System Leads to Recovery for Homeowners

We successfully represented the owners of a home that was severely damaged as a result of a fire caused by the negligent installation of a security system. We presented a strong case by employing certified fire investigators. Our clients were forced to vacate their home for months after the fire while the home underwent extensive repairs. In addition to damage to the dwelling, the homeowners’ furniture was destroyed as were many other personal items, many of which held great sentimental value. The family underwent significant emotional distress as a result of this fire. We were able to negotiate a significant but confidential recovery for the homeowners.

Failure to Maintain Railroad Right-of-Way Results in Wrongful Death Recovery

We represented the family of a teen who was killed when his vehicle was struck by a train at a rural crossing. The railroad failed to properly maintain the vegetation on their right of way, so that the motorist’s view of the tracks was obstructed until it was too late to avoid the collision that caused his death. Our firm recovered damages for his wrongful death as a result of the railroad’s negligence.

Family of Passenger Killed in Collision Caused by Driver’s Excessive Speed Collects Policy Limits

Our clients’ teenage son was a passenger in a high speed collision that resulted in his death. Our investigation revealed that the driver was traveling at an excessively high rate of speed and that speed caused the collision. The case was settled out of court for insurance policy limits.

Store Liable for Customer’s Injuries Caused by Falling Ceiling Tile

A loose ceiling tile in a grocery store ceiling fell and hit my elderly client on the head as she was shopping. As a result of the store failing to take steps to correct the dangerous condition or to warn my client of the dangerous condition, she suffered post-concussion syndrome. The store agreed to a confidential out-of court settlement soon after suit was filed.

Recovery Against Trucking Company for Driver’s Negligence in Rear-End Collision

My client’s vehicle was rear-ended in slowing traffic by an eighteen-wheel truck on I-65 in Montgomery, Alabama, causing her to sustain a non-surgical neck injury. We successfully settled this case with the trucking company for $62,000.00.

Successful Claim for Shopper Hurt During Exercise Equipment Demonstration

A prospective purchaser was injured by an exercise glider during a demonstration of the product at a shopping mall. A portion of the glider struck my client during the demonstration, knocked her to the floor and resulted in injuries to her knee and back. The employee of the equipment company performed the demonstration in a negligent manner and failed to warn my client of the potential for being struck by the glider’s moving extensions. We were successful in reaching a settlement that justly compensated the client for her injuries.

Permanent Total Disability Awarded in Numerous Workers’ Compensation Cases

Our firm has a long and proud history of representing people who have been injured on the job. We have successfully tried numerous cases that have resulted in permanent total disability judgments, the maximum allowed in the State of Alabama for a workers’ compensation claim. Some of the types of injury claims that have resulted in permanent total disability judgments are:

Benefits Obtained for Dependents in Numerous Workers’ Compensation Death Cases

Our firm has also represented a number of families whose loved ones have lost their lives as a result of a workplace accident or event. A sampling of the events which have caused death to employees and led to compensation for their dependents includes:

Johnston Moore & Weston

400 Meridian Street North, Suite 301 Huntsville, Alabama 35801

(256) 533-5770 LOCAL (800) 240-5770 TOLL FREE

Johnston, Moore & Weston represents individuals throughout North Alabama in communities such as Huntsville, Madison, Decatur, Birmingham, Cullman, Gadsden, Anniston, Scottsboro, Athens, Fort Payne, Albertville, Boaz, Guntersville, Stevenson, Rainsville, Arab, Hartselle, Russellville, Muscle Shoals, Florence, Sheffield, Bridgeport and Moulton, as well as Madison County, Jackson County, Limestone County, DeKalb County, Marshall County, Morgan County, Cullman, Etowah, Lauderdale, Colbert, Franklin and Lawrence County.

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