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Settlements & Verdicts of Interest

Bonedaddy’s LLC, et. al. v. Regions Bank, et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-2012-901369. Successful litigation to recover funds paid on improperly honored checks after Regions placed signers on company account without proper authorization. Plaintiffs’ judgment after trial for $283,350.30.

Jones v. Cook et. al. – Jefferson County, Alabama, Circuit Court. Case No. 01-CV-2016-902210. Personal injury claim resulting from 18 wheeler truck crashing into car. Settled before trial.

Gentilly Investments Inc v. Jimmy Wayne Brucke – CV-2013-902265. Successful counterclaim defeating title under Fire Dues Sale. Trial court found statute unconstitutional. Affirmed without opinion by Alabama Supreme Court.

City of Birmingham v. Bonedaddy’s et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-2013-000215. Defended company and individual in city’s improper attempt to collect taxes. Individual was exonerated from owing sales, occupational, and business-license taxes totaling $203,426.81 on Appeal to Alabama Supreme Court.

Bluemly et. al. v Bluemly, et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-13-902574. Estate litigation challenging the distribution and use of estate funds by son as well as attempt to change life insurance beneficiary while the mother was receiving palliative care. Executor removed and settlement prior to trial.

Harris v. Seymour, et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-2012-900810. Breach of contract and fraud claims based on defendants negligently renting a moldy home. Settlement for $75,000 prior to trial.

Birmingham Beverage v. Sweetwater – Successful defense of craft brewer after being sued by distributor for damages and injunction. After lengthy discovery, defense resulted in Summary Judgment for Sweetwater and its successful release from any distribution obligation to Retail distributor plaintiff. Affirmed on appeal to Alabama Supreme Court without opinion.

Taylor v. Alfa Insurance Co., et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-2012-901375. Negligent procurement of insurance by insurance agent who issued policy to himself without an insurable interest in plaintiff’s home. Settlement prior to trial.

Maddox v. Tobert et. al. – Montgomery County, Alabama, Circuit Court. Case No. 03-CV-2011-900152. Legal malpractice claim. Settlement prior to trial for $150,000.

Wooten et. al. v FedEx et al – United States District Court Northern Division of Alabama. Case No. CV-11-942-RDP. Litigation to recover damages for personal injuries resulting from eighteen wheeler crash. Settlement before trial for $2,000,000.

Gibson v. Stone et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-2011-902480. Personal injury claim resulting from car crash. Liability established before trial and then settled.

Nguyen v. Rouland et. al. – Jefferson County, Alabama, Circuit Court. Case No. 01-CV-2010-902028. Personal injury claim resulting from car crash. Liability established before trial and then settled.

Zwack v. Stewart et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-10-900393. Underage minor passenger died in single car crash in vehicle driven by drunken minor. Settlement during trial.

Bernal v. Winn-Dixie Stores Inc. et. al. – Jefferson County, Alabama, Circuit Court. Case No. CV-2010-901437. Personal Injury from premises liability claim. Settlement before trial for $125,000.

Seales v. Allstate Insurance Co. – Sumter County, Alabama, Circuit Court. Case No. CV-10-900042. Refusal to properly investigate and pay claim resulting from car crash. Settled before trial.

Winston Construction et. al. v. Cummings et. al.- Jefferson County, Alabama, Circuit Court. Case No. CV-09-000310. Breach of contract and fraud claims based on defendants failure to acquire general liability insurance after being hired to do so. Final judgment in favor of Plaintiffs for $2,000,000.

International Camp Sales & Services, Inc. V. The DRC Group et. al. – Montgomery County, Alabama, Circuit Court. Case No. 02-CV-2009-902111. Breach of contract and promissory estoppel claims based on defendants failure to pay for services rendered. Arbitration award of $198,347.34.

Winston Construction v. Helen Granger – Jefferson County, Alabama, Circuit Court. Case No. CV-09-902172. Homeowner refused to completely pay builder for the reconstruction of her home after a fire. Jury verdict for the Plaintiff in the amount of $460,000.00 including punitive award.

Walker v. Anthony – Sumter County, Alabama, Circuit Court of, Alabama. Case No. CV 06-073. Motor vehicle wrongful death case brought on by defendant’s excessive speed while passing on the wrong side of the road. Confidential settlement before trial.

Centennial Associates, Ltd. et al v. Condurant et al, Jefferson County, Alabama Circuit Court Case No. CV 2007-900259 – Successful defense of co defendant who was sued for malpractice and who was granted summary judgment after discovery.

Hamrick v. Riverview Regional Medical Center – Etowah County, Alabama, Circuit Court. Case No. CV 05-1270. Medical malpractice wrongful death case for failure to diagnose and care for plaintiff with aortic dissection. Settled with hospital for $2,000,000.00 prior to trial.

Peel v. O’Mara – Montgomery County, Alabama, Circuit Court. Case No. CV 02-2958. Medical malpractice death case. Plaintiff, after being injured in a motor vehicle wreck was allowed to fall from his wheelchair at the rehab hospital, re-fracturing his neck, resulting in death. Confidential Settlement.

Holley v. Children’s Hospital, et al – Jefferson County, Alabama, Circuit Court. Case No. CV 2000-6377. Medical malpractice action for brain injury after failure to properly intubate child during tonsil surgery. Pro Tanto confidential settlement.

Watson v. Johnson Mobile Homes – U.S. District Court, Southern District of Mississippi. Case No. 4:99cv15LN. Fraud case in the federal district court in Mississippi. Johnson Mobile Homes appropriated deposits from the mobile home prospective customers and then refused to return them when the deals fell through. Plaintiff’s verdict in the amount of $704,000.00 at trial.

Thomas v. Children’s Hospital – Jefferson County, Alabama, Circuit Court. Case No. CV 98-3081. Medical malpractice case over paralysis resulting from negligent rod placement to correct scoliosis. Pro Tanto settlement with hospital for $2,710,000.00.

Bethea v. Springhill Hospital – Mobile County, Alabama, Circuit Court. Case No. CV 97-1930. Medical malpractice birth injury case. Pro Tanto settlement for 1.25 million dollars prior to trial.

Haynes v. Georgia Dept of Transportation – Carroll County, Georgia Superior Court. Case No. CV 97-V-0623.Significant injury after intersection collision caused by poor intersection design. Action against the Georgia Department of Transportation resulting in settlement at trial for 1.25 million dollars.

Huelett v. Roberts – Madison County, Alabama, Circuit Court. Case No. CV 97-2045. Medical malpractice death case. Jury verdict for the plaintiff for $800,000.00 against cardiovascular surgeon who appropriately diagnosed plaintiff’s malady but then failed during surgery to repair the same.

McGowin v. Little – Mobile County, Alabama, Circuit Court. Case No. CV 93-750. Multi-stage estate litigation following the death of a wealthy widow. The action challenged a complex estate scheme wherein a 94-year-old aunt was represented by her great nephew attorney who undertook to rewrite her wills to benefit himself, handle substantial gift transactions to himself, and ultimately prepared documents to have her legally adopt him. The first trial resulted in verdict for the plaintiffs. Confidential settlement before second trial.

Zoria, as next friend v McChesney, Shelby County Circuit Court. Case No. CV 93-877. Suit and recovery for minor plaintiffs injured by B B gun. Settlement with guaranteed payments of over $700,000.

Crawford v. U.S. Pipe – Jefferson County, Alabama, Circuit Court. Case No. CV 91-9971. Serious injury resulting from pipe becoming dislodged from transport truck, crushing plaintiff’s car. Settlement for $1,100,000.00.

Davis v. Quarles – Sumter County, Alabama, Circuit Court. Case No. CV 90-39. Medical malpractice death case resulting from tooth extraction by a dentist wherein patient was then allowed to bleed to death after returning home. $3,000,000.00 jury verdict. Confidential settlement following appeal.

Armstrong v. CSX – Jefferson County, Alabama, Circuit Court. Case No. CV 87-2479. Railroad crossing death case. Recovery for decedent’s family in the amount of $276,250.00.

Lee v. Children’s Hospital – Jefferson County, Alabama, Circuit Court. Case No. CV 86-1941. Malpractice death case involving new resident physician attempting without supervision to place central venous catheter resulting in the death of a four-year-old burn patient. $6,800,000.00 verdict affirmed by per curiam opinion from the Alabama Supreme Court.

Grubbs v. Sterling – Pickens County, Alabama, Circuit Court. Case No. CV 85-021. Complex estate litigation challenging the procurement of durable powers of attorney, real estate transfers, wills and other instruments from the mentally incompetent. Suit resulted in a recovery of cash and property in excess of 10 million dollars.

Smith v. Martin Tractor – Sumter County, Alabama, Circuit Court. Case No. CV 84-40. Wrongful repossession following efforts by the plaintiff on multiple occasions to have his tractor repaired. Defendants under the pretense of accepting the tractor for repair claimed it to be repossessed, resulting in a plaintiff’s verdict in the amount of $225,000.00.

 

Notable Class Actions:

G. Daniel Evans served as class counsel on numerous cases including the following:

Winston v .Jefferson County – Jefferson County, Alabama, Circuit Court. Case No. CV 07-2297. Litigation against Jefferson County Tax Collector concerning excess tax bids and refusal to reimburse the taxpayer for the excess. Class certified and summary judgment granted on behalf of the plaintiff class and the recovery of 28 million dollars for the plaintiff class.

Coates v. Sunstar – United States District Court for the Western Division of Alabama. Case No. CV-96-C-0376-W. Litigation challenging the imposition of collateral protection insurance resulting in a settlement for the plaintiff class of $315,000.00.

Morris v. Transouth – United States District Court for the Middle District of Alabama. Case No. CV-96-T-388-N. Litigation against TranSouth challenging the placement of collateral protection insurance resulting in settlement for plaintiff class of $465,000.00.

Green v. Amsouth – Shelby County, Alabama, Circuit Court. Case No. CV-94-386. Certified class action against AmSouth Bank surrounding the bank’s forced placed insurance program which resulted in settlement for the plaintiff class of $7.8 million.

Taylor v. Colonial Bank – Jefferson County, Alabama, Circuit Court. Case No. CV-88-503-182-MC. Litigation against Colonial Bank surrounding its force-placed insurance programs and pre-computed interest loans resulting in settlement for the plaintiff class for $2.4 million dollars.

 

Appellate Cases of Note:

Danny Evans appeared for oral argument before the United States Supreme Court, Dothard v. Rawlinson, 433 U.S. 321 (1977). Multiple opinions from the Court addressed for the first time the issue of “bona fide occupational qualification.”

 

United States Courts of Appeal:

McCorstin v. United States Steel, 5th Circuit Court of Appeals. 621 F.2d 749, 754 (5th Cir. 1980). Age discrimination case against United States Steel establishing standard for “prima facie case” in age discrimination cases.

Wilson v. Seligman & Latz – 11th Circuit Court of Appeals. 940 F.2d 1429 (1991). Age discrimination recovery for the plaintiff in the 11th Circuit affirming the plaintiff’s verdict, resulting in recovery of front pay and back pay for female plaintiff.

 

Alabama Supreme Court (Recent Cases):

Bonedaddy’s of Lee Branch, LLC et. al. v. City of Birmingham – 192 So.3d 1151 (Ala. 2015) – Appeal of the trial court’s finding that the LLC and LLC member jointly and severally owed sales, business-license and occupational tax totaling $$283,350.30. The Supreme Court found that a LLC member is not personally liable for business-license and occupational taxes owed by the LLC and the City’s failure to follow administrative procedures prior to suing the LLC member deprived the court of subject matter jurisdiction over sales tax. As such, the judgment against the LLC member individually was vacated.

Gentilly Investments Inc v. Jimmy Wayne Brucke – Judgment in favor of client affirmed with no opinion.

Birmingham Beverage v. Sweetwater – Judgment in favor of client affirmed with no opinion.

 

 

**Disclaimer: The recoveries and testimonials described on this site are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.