Cross & Smith LLC

Practice Areas

Yearly Archives: 2014

Cracchiolo v. E. Fisheries, Inc. – Duty of Care Exists in Slip-and-Fall Cases

Jan 18, 2014 - Birmingham by

Property owners – especially those located in potentially hazardous surroundings – must ensure that the site is safe for those who enter. For example, that could mean keeping the floors dry or the walls and ceilings properly-patched. In the case of a fishery pier, it would mean proper maintenance of facilities and ensuring safe egress and ingress. These responsibilities are referred to as “duty of care.” When duty of care is breached, resulting in injuries, those affected may pursue filing a Birmingham slip-and-fall lawsuit. This is true even when there is evidence that there may have been some wrong-doing or negligence on the part of the person who fell.

Read More

Black Lung Claims and the Alabama Mining Industry

Jan 13, 2014 - Personal Injury by

Two years ago, the Walter Energy firm selected Tuscaloosa County as the site of a six-year, $1.2 billion energy project that would result in the creation of a new coal mine from scratch. The Blue Creek Energy project is currently underway, and is expected to begin production of 4 million tons of coal for global steel mill export by 2018. Roughly 530 jobs are expected to spring from this venture. This has all been good news for the region. Our Tuscaloosa personal injury attorneys are cautiously optimistic that the new firm will take all precautions necessary. Still, far too many mining veterans are suffering health consequences, including pneumoconiosis, or “Black Lung,” a diagnosis that has plagued the coal industry for decades. Unfortunately, the coal industry has historically had a poor reputation with regard to protecting workers from this fatal, yet preventable, condition.

Read More

Expert Witnesses Critical Element in Alabama Medical Malpractice Claim

Jan 11, 2014 - Medical Malpractice by

Anytime there is a claim of medical malpractice in Birmingham, one of the things your legal team will do is secure a knowledgeable and reliable witness who can testify as that the medical provider breached the applicable standard of care. Alabama Rules of Evidence, Article VII, Rule 702, an expert witness is someone who, by experience, training, knowledge, skill or education, is able to testify as to a technical, scientific or other specialized information in a case. The testimony of these individuals, based upon scientific procedure, methodology, principle or theory, is allowable only if the testimony is founded upon a sufficient bedrock of data or facts, is the product of reliable methods and principals and those methods and principals have been reliably applied to the facts of the case. In medical malpractice cases, the Alabama Medical Liability Act stipulates that only similarly situated health care providers can provide expert testimony in a medical malpractice case. The guidelines are rather technical, but essentially, if you are suing a medical doctor, you want to have another similarly-trained or experienced medical doctor who is willing to testify on your behalf.

Read More

Tuscaloosa Medical Malpractice Claims Often Stem From “Routine” Procedures

Jan 7, 2014 - Medical Malpractice by

Recently, the cases of two young children left brain dead have captivated the country, after both girls underwent what were supposed to be “routine” medical procedures. In one case, a 3-year-old girl from Hawaii has been declared brain dead after suffering cardiac arrest while undergoing a root canal. It was later determined the girl was given a large dose of powerful medications during the procedure, and may not have been properly monitored. In California, the family of a 13-year-old girl is embroiled in a bitter legal battle over whether they should be allowed to press for continued care after she was declared brain dead following a reportedly botched surgery to correct her sleep apnea.

Read More

Hall v. Jones – Establishing Alabama School Employee Negligence

Jan 6, 2014 - Birmingham by

Our Birmingham personal injury attorneys know that when we send our children to school, we expect they will be adequately supervised and that those we entrust with the well-being of our youth will guard their safety. In Hall v. Jones, a Jefferson County case recently reviewed by the Alabama Supreme Court, this did not happen, according to the plaintiff, a mother of a boy seriously injured at school. According to court documents, the incident arose out of a fight between two teenage boys engaged in a game of basketball in a middle school physical education class. Jones was the physical education instructor in charge at the time of the incident.

Read More

Hear What Our Clients Have To Say

"I was injured in an accident and I chose Justin Smith to handle my case. I worked with every staff member there by the end of the ordeal and was treated like family but also with true professionalism. They worked diligently on my case and never faltered or backed down regardless of the obstacles. I am so happy with the outcome and highly, highly recommend Cross & Smith, LLC to anyone that needs someone they can trust."
Posted By: Shane Weaver

Read More Reviews