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Monthly Archives: December 2013

Uninsured-Motorist Accidents a Common Cause of Hit-and-Run in Tuscaloosa

Dec 27, 2013 - Car Accidents by

An Alabama man is facing charges of leaving the scene of an accident after allegedly hitting a car with mother and child inside before fleeing, according to news reports. A witness to the crash called police and followed the 35-year-old Limestone County man onto Highway 252, where he was stopped by the Alabama State Patrol. Our Tuscaloosa car accident lawyers understand that hit-and-run car accidents are on the rise nationwide for a number of reasons. According to USA Today, hit-and-run accidents are on the rise in many areas across the nation. And these crimes often complicate financial recovery for victims and can prove difficult for law enforcement to investigate and solve.

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Ford Motor Co. v. Washington – Car Accident Injury Claims Can be Complex

Dec 18, 2013 - Car Accidents by

There is an erroneous belief that someone filing a Tuscaloosa car accident lawsuit doesn’t have a high burden of proof or that the case will be generally less complex than other types of injury claims. On the surface, this makes sense. After all, accident reports are usually quite clear: “Vehicle 1 strikes Vehicle 2. Driver of Vehicle 1 is at fault.” End of story. Right? That’s seldom the case, as Fort Motor Company v. Washington, Arkansas Supreme Court, shows. What started as a simple car accident injury claim ended in a 13-year struggle after the case evolved into a product liability action against one of the largest auto manufacturers in the world.

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Worden v. Kirchner – Timely Filing of Injury Complaint Critical

Dec 17, 2013 - Medical Malpractice by

In order to ensure that your Alabama medical malpractice claim has the best chance of success, the importance of a timely filing cannot be overstated. Failure to do so can result in having your claim dismissed before it is ever even considered by the courts. Generally, it’s a pretty straightforward rule. Alabama statutes hold that you have two years from the time that the alleged malpractice occurred within which to file your lawsuit. After that you lose your right to sue. However, there are exceptions. They are very specific, though, and you should expect the defense to fight you tooth-and-nail over an exception request.

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Birmingham Child Injury Litigation: High Chair Incidents Up 22 Percent

Dec 17, 2013 - Birmingham by

Every hour, a child is rushed to the emergency room for a high chair-related injury. That’s according to a new report published in the journal Clinical Pediatrics, which also found that the number of high chair injuries has spiked by 22 percent in the last decade. Researchers from the Nationwide Children’s Hospital and the Center for Injury Research Policy analyzed data provided for years 2003 through 2010, finding that during that time nearly 9,500 children suffered an injury that involved a high chair or booster seat. While the information is not broken down by state, Birmingham injury lawyers believe the number of instances here are on par with the rest of the country.

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Gore v. Lafarge North America Inc. – Establishing Alabama Work Injury As Disability Cause

Dec 14, 2013 - Workers' Compensation/Work Injury by

In filing a Tuscaloosa workers’ compensation claim, employees need to be mindful of the fact that their medical history could become a significant matter for the court’s consideration. In securing workers’ compensation, it is key to establish that not only did you suffer a job-related injury, but that this injury was disabling to some extent and that the work injury was the sole cause of that disability – or at least that it was a significant contributing factor. Such was the challenge for the plaintiff in Gore v. Lafarge North America Inc., whose Shelby Circuit Court complaint was recently reviewed by the Alabama Court of Civil Appeals.

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Alabama Court: Pharmacy Error Lawsuit Didn’t Require Expert Witness

Dec 5, 2013 - Birmingham by

The Alabama Supreme Court recently sided with a plaintiff seeking damages against a grocery store pharmacy for injuries she suffered after she was given the wrong prescription. Defense counsel in Morgan v. Publix Super Markets Inc. argued in their motion for summary judgment before the Jefferson Circuit Court that the plaintiff failed to make her case because she hadn’t produced an expert witness that would have established a breach of the applicable standard of care under the Alabama Medical Liability Act. However, in reversing the trial court’s earlier decision to grant that motion, the Alabama Supreme Court found that a pharmacy’s negligence in dispensing the wrong medication is so straightforward that the plaintiff didn’t need the testimony of an expert witness to prove it.

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Negligent Entrustment Claim Heard by Alabama Supreme Court

Dec 4, 2013 - Personal Injury by

It was supposed to be one of those weekend that the four young teen boys would have looked back on for years to come with fond memories. It was the Fourth of July. Their families were preparing for a large reunion at a lake house in Huntsville. The adults busied themselves with barbecue preparations. The boys gathered down by the dock to “hang out.” What happened next has become an indelible memory for all, though one they likely wish they could forget. It ultimately resulted in one of those boys suffering a serious firework injury, resulting in an Alabama personal injury lawsuit alleging negligence, wanton supervision and assault. The case of Beddingfield v. Linam was recently heard by the Alabama Supreme Court, which affirmed most of the trial court’s findings of negligence on behalf of the adults who owned the lake house. However, the court did reverse part of the earlier verdict alleging negligent entrustment.

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Alabama Supreme Court: Auctioneer Can be Liable for Implied Warranty Breach

Dec 3, 2013 - Dangerous Products/Liability by

For anyone who has suffered an injury due to product liability in Alabama, it’s important to understand that state and federal laws are very specific regarding whom you can sue and for what. In the recent case of Alabama Powersport Auction, LLC v. Wiese, the Alabama Supreme Court has affirmed a plaintiff’s right to seek damages for liability from an auctioneer as a merchant-seller for breach of the implied warranty of merchantability, per 7-2-314, Ala. code 1975. Here, a father sued the seller of a go-cart upon which his minor son crashed, suffering severe head injuries that ultimately killed him. The high court’s dismissal of a request from the defendant for a summary judgment of the claim has implications not only for those who purchase goods at in-person auction, but also potentially for those who purchase goods online from retailers on sites like eBay or Craigslist.

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State Immunity in Alabama Civil Cases Reviewed

Dec 1, 2013 - Premises Liability by

The Alabama Supreme Court recently granted state immunity to a middle school that had been named as a defendant in a civil case alleging negligence against a student who had been a victim of an alleged sexual assault on school grounds. The plaintiff had claimed the school and principal’s negligence in providing adequate supervision created an opportunity for the assault to occur. Our Tuscaloosa personal injury lawyers know that immunity laws are nothing new, dating back to English common law, which included the legal doctrine that “the king can do no wrong.” Statutes like these are commonplace throughout the country, and most hold that the state can’t be sued for negligence. The general idea is that individuals, not taxpayers, should be responsible when negligence occurs. However, there is a procedure in Alabama whereby a person can file a claim for injury or death against a city, though the maximum award is capped at $100,000 per plaintiff and $300,000 per incident. In some of these cases, a government employee can’t be sued for negligence in his or her official capacity, but can be sued in his or her individual capacity.

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