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Settlements & Verdicts of Interest

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, resulting in a recovery of cash and property in excess of 10 million dollars.

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.

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 verdict.  Confidential settlement following appeal.

McGowin v. Little – Mobile County, Alabama, Circuit Court.  Case No. CV 93-750.  Multi-stage 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.

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.

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.

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.

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

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.

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.

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 given appropriate care, only to be allowed to fall from his wheelchair at the rehab hospital, re-fracturing his neck, resulting in death.  Confidential Settlement.

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

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.

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:

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.

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.

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.

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.

Appellate Cases of Note:

United States Supreme Court
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.”

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
>Multiple oral arguments and appearances.