01.05.10: 2009 Insurance Law Update
Read "Recent Significant Insurance Law Decisions," by Walter J. Price, III. > Learn more

01.05.10: 2009 Alabama Medical Malpractice Law Update
Read "2009 Alabama Medical Malpractice Decisions," by Walter J. Price, III. > Learn more

12.15.09: Defense Wins...

Attorneys from Birmingham based Huie, Fernambucq & Stewart, LLP helped Ford Motor Co. win a defense verdict in a Cobb County, GA lawsuit filed by a motorist in a 2006 rollover accident.

Plaintiff Renee Conley was driving a 2005 Ford Explorer Sport Trac on I-75 in Catoosa County, GA with mother, Martha Pendleton, and son, Jordan Conley as passengers. The vehicle overturned after Mrs. Conley swerved to avoid a large object in the road. Martha Pendleton died in the accident and Jordan Conley suffered injuries. The plaintiff’s lawyers sought damages and argued that the lack of electronic stability control in the car contributed to the crash.

Defense attorneys Alan Thomas and Jeff Ash of Huie, Fernambucq & Stewart were able to prove that only a very small percentage of 2005 vehicles actually had electronic stability control technology, the crash was not caused by the lack of the technology, and the Ford Explorer Sport Trac is a safe vehicle.

10.22.09: Defense Wins...

After deliberating for one hour and fifteen minutes, a Jefferson County, Mississippi jury determined that Ford Motor Company was not liable in a crash that occurred outside Fayette, Mississippi on October 16, 2004. The plaintiff, Mr. Albert Foster, was the passenger of the 2003 Ford Explorer Sport Trac that ran off-road while pulling a trailer. Mr. Foster suffered a neck injury resulting in quadriplegia as a result of the severe, three rollover event.

Attorneys for the plaintiff contended that the vehicle was defective and unreasonably dangerous, and alleged that it could not safely tow a trailer and that the seat belts failed during the crash. They sought 9.5 million in damages against Ford Motor Company.

During the two week trial, Birmingham based Huie, Fernambucq & Stewart attorneys, Gordon Sproule and Patrick Strubel, proved that the vehicle could safely tow a trailer and the seat belts were state of the art and reasonably safe. It was also proven that the plaintiff was not wearing his seat belt at the time of the crash. Co-counsel for Ford were Bill Jones, Barry Ford, and Everett White from the Jackson, Mississippi office of Baker Donelson, Bearman, Caldwell & Berkowitz.

08.10.09: HFS attorneys named "The Best Lawyers in America," 2010.

HFS congratulates the following attorneys named in the 2010 edition of "The Best Lawyers in America":

• H. Lanier Brown II in Personal Injury Litigation and Product Liability Litigation
• Stanley A. Cash in Personal Injury Litigation
• John S. Civils in Workers' Compensation Law
• Charles H. Clark in Workers' Compensation Law
• Robert M. Girardeau in Professional Malpractice Law
• Eugene D. Martenson in Personal Injury Litigation, Product Liability Litigation, and Professional Malpractice Law
• James R. Shaw in Professional Malpractice Law
• D. Alan Thomas in Personal Injury Litigation and Product Liability Litigation

06.25.09: HFS attorneys Stan Cash and Joe Duncan win settlement for clients...

After a lengthy battle in Federal Court, Huie, Fernambucq & Stewart attorneys Stan Cash and Joe Duncan secured a settlement of $382,000.00 in favor of its clients, Integral Building Group of Atlanta, Georgia, and Doster Construction Company of Birmingham, Alabama. The case arose out of a 2004 industrial accident involving Southeast Environmental Infrastructure, as subcontractor to the Joint Venture formed by Integral and Doster. In the accident, an SEI crew dropped a 500 pound pipe on the head of a plumbing subcontractor. The plumber sustained significant injuries, including deafness in one ear, partial facial palsy, and other cognitive issues. In seeking compensation for these injuries, the plumber filed suit in the Jefferson County Circuit Court of Alabama against SEI and the Joint Venture.

After the filing of the state court action, the Joint Venture sought contractual indemnification from SEI as well as coverage as an additional insured from SEI's insurance carrier, Pennsylvania National Mutual Insurance Company. When Penn National refused to provide a defense of coverage to the Joint Venture, HF&S negotiated a settlement with the Plaintiff on behalf of the Joint Venture. HF&S then succeeded in obtaining jury verdicts in its favor against SEI under the contractual indemnity agreements in place between the Joint Venture and SEI. The judgments totaled $325.00.00 In addition, the Plaintiff obtained a jury verdict in the amount of $1.5 million against SEI.

Penn National, however, continued to refuse to provide coverage to the Joint Venture or to pay the judgments that were obtained against its insured. Instead, it filed an action in Federal Court and sought to deny coverage. Ultimately, the federal judge ruled that coverage was owed to the Joint Venture by Penn National for the claims made in the state court and determined that the Joint Venture was entitled to trial on the merits of its bad faith counter-claim that was filed against Penn National. It was at this point that Penn National finally agreed to the settlement, reimbursing the Joint Venture for the settlement paid in the state court action, as well as costs and fees associated with the additional litigation.

03.12.09: HFS attorneys named "Birmingham's Top Attorneys"
HFS congratulates the following attorneys named in Birmingham Magazine's "Birmingham's Top Attorneys" by their peers:

• Stan Cash - Business Litigation
• De Martenson - Business Litigation
• Jim Shaw - Business Litigation
• John Civils - Labor and Employment
• Alan Thomas - Personal Injury
• Tom Bazemore - Rising Star (under 40)

03.03.09: Defense Wins...
On Friday, February 13, a Covington, Louisiana jury returned a unanimous verdict in favor of Ford Motor Company in a case involving a 1998 Ford Explorer. The Explorer was involved in a rollover accident after being struck by a pick-up truck.

Attorneys for the plaintiff contended that the death of the driver, Frank DiMaggio, and injuries to the passenger, Mike Horton, were the result of defects in the Ford Explorer; specifically that the Explorer rolled over too easily and was not equipped with laminated glass. The plaintiff sought 16.9 million in damages.

With testimony from expert engineering witnesses, Huie, Fernambucq & Stewart attorney Tom Bazemore argued that the accident was solely caused by inattentiveness of the driver of the pick-up, who stuck the rear of the Explorer after running a stop sign.

Mr. Bazemore stated that while there is no doubt the crash is a tragedy, he is pleased that the jury found the Ford vehicle to be safe and not responsible for the death of Mr. DiMaggio and the injuries Mr. Horton.

02.24.09: HFS attorney named Who's Who in Healthcare in Birmingham by Birmingham Business Journal
Senior partner Stan Cash was recently honored by his selection by "Birmingham Business Journal" as a member of Who's Who in Healthcare in Birmingham. Cash was honored based on his reputation as a medical malpractice trial attorney for hospitals and other healthcare providers. Included among his clients are Trinity Medical Center, Gadsden Regional Medical Center, Crestwood Medical Center in Huntsville, Selma Medical Center, Hillcrest Hospital in Birmingham, as well as other healthcare facilities in the state. He has been with the firm for thirty five years and has tried numerous types of medical claims, including those against behavioral facilities, dentists, oral surgeons and hospitals over his career. He is also a frequent speaker on healthcare related topics.

HF&S Attorneys Honored

Congratulations 2009 Alabama Super Lawyers:

• Stan Cash - Personal Injury Defense: General
• Lanier Brown, De Martenson, Jim Shaw, & Alan Thomas - Personal Injury Defense: Products
• John Civils - Workers' Compensation

Congratulations 2009 Best Lawyers in America:

• De Martenson: Personal Injury, Product Liability & Professional Malpractice Litigation
• Stan Cash: Personal Injury Litigation
• Alan Thomas: Personal Injury Litigation & Product Liability Litigation
• Lanier Brown: Personal Injury Litigation & Product Liability Litigation
• John Civils: Workers' Compensation Law
• Clay Clark: Workers' Compensation Law

Best of the Bar:

• Stan Cash: Healthcare
• James Shaw: Insurance
• Robert Girardeau: Corporate/Securities
• T. Kelly May: Real Estate

HF&S Attorney Ranked #1 in Professional Malpractice Law:

• De Martenson, senior partner at HFS, has been ranked #1 in the 2009 edition of Best Lawyers in America in Professional Malpractice Law in the

city of Birmingham and the State of Alabama.

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Huie, Fernambucq & Stewart LLP, 2801 Highway 280 South, Suite 200, Birmingham, Alabama 35223-2484
Phone: 205.251.1193 - Fax: 205.251.1256