12.16.11: Tom Bazemore Wins Defense Verdict in Louisiana

A state court jury in Napoleonville, Louisiana, returned a verdict for Ford Motor Company in a rollover/seatbelt design case, finding no defects in a 2000 Ford Explorer and faulting instead the driver of the vehicle in which the decedent was a guest passenger.

The accident occurred in 2004 on a state highway when the driver of the Explorer steered violently to avoid a piece of plywood in the road and went out of control, rolling 4-1/2 times before coming to rest on its passenger side. The driver and two rear seat occupants who were wearing seatbelts remained in the vehicle and sustained only minor injuries. The decedent was ejected from the right front passenger’s seat and killed when the rolling vehicle impacted his head.

Plaintiff’s family claimed the decedent was wearing his seatbelt but it inertially released during the second roll when his right hand partially depressed the seatbelt release button and the buckle housing was impacted by an unknown object. They theorized that the seatbelt’s design was defective because a scalloped area in front of the buckle housing made it susceptible to inadvertent contact during rollovers. Experts presented testing and courtroom demonstrations which allegedly supported their claim that the seatbelt design increased the likelihood of inadvertent release during rollover accidents.

Ford attorneys, Tom Bazemore of Huie, Fernambucq & Stewart in Birmingham, Alabama, and Robert Maxwell and Philop Dominique of Bernard, Cassisa, Elliott & Davis in Metarie, Louisiana, countered that the accident was caused entirely by excessive speed and careless driving. Fact witnesses estimated the vehicle’s speed exceeded 80 m.p.h. prior to losing control. The automaker presented forensic evidence obtained from the decedent’s seatbelt that established it was not being worn at the time of the accident. This conclusion was supported by police officer testimony and examinations of the body by two coroners’ offices which found no evidence of seatbelt marks. Ford also presented a detailed design analysis and numerous dynamic tests that demonstrated the seatbelt design was not susceptible to inadvertent contact or inertial release during rollover accidents. Further testimony established that the seatbelt is being safely used in millions of vehicles. Finally, biomechanical and kinematic evaluation was presented that supported the conclusion that the decedent was unbelted at the time of the accident.

09.13.11: HFS attorneys named "The Best Lawyers in America," 2012

HFS congratulates the following attorneys named in the 2012 edition of "The Best lawyers in America":

• Lanier Brown - Personal Injury Litigation Defense and Product Liability Litigation Defense
• Stan Cash - Medical Malpractice Law, Personal Injury Litigation Defense and Product Liability Litigation Defense
• John Civils - Workers' Compensation
• Clay Clark - Workers' Compensation
• Bob Girardeau - Professional Malpractice Law
• De Martenson - Personal Injury Litigation Defense, Product Liability Litigation Defense, and Professional Malpractice Law
• Kelly May - Real Estate Litigation
• Walt Price - Insurance Law
• Allen Sydnor - Medical Malpractice Law

05.24.11: Ford Wins Defense Verdict in Tuscaloosa

A Tuscaloosa County Jury last week returned a verdict in favor of Ford Motor Company in a three week trial. The case arose out of an early morning 2006 single vehicle accident in which Margaret Gail Patrick lost her life. Patrick was operating a 2001 Ford Explorer when she lost control and struck a tree. A fire ensued that resulted in her death and her Estate claimed that a defect in the Explorer fuel storage system design caused the fire. Ford defended its design and contended that the engine compartment fire was due to the very unusual and high energy tree impact at issue. The 12 person jury continued to hear testimony even during the aftermath of the recent tornadoes. Ford was defended by De Martenson of Birmingham and Perry Miles of Richmond, Virginia.

05.17.11: HFS attorneys named 2011 Alabama Super Lawyers

HFS congratulates the following attorneys named 2011 Alabama Super Lawyers and Rising Stars

Super Lawyers

• H. Lanier Brown, II in Personal Injury Defense: Products
• Stanley A. Cash in Personal Injury Defense: Medical Malpractice
• John S. Civils, Jr. in Workers' Compensation
• Charles H. Clark, Jr. in Workers' Compensation
• De Martenson in Personal Injury Defense: Products
• T. Kelly May in Civil Litigation Defense
• D. Alan Thomas in Personal Injury Defense (Products)

Rising Stars

• S. A. Bradley Baker, III in Personal Injury Defense: Products

02.16.11: HFS attorneys named "Birmingham's Top Attorneys."

HFS congratulates the following attorneys named in the 2011 edition of Birmingham Magazine's "Top Attorneys":

• John S. Civils - Workers' Compensation
• Keith Gann - Insurance Defense
• H. Lanier Brown, II - Insurance Defense

09.16.10: HFS ranked First Tier Firm in "Best Law Firms" by US News - Best Lawyers.

US News - Best Lawyers ranked HFS as a First Tier Firm in "Best Law Firms" in the practice areas of:

• Medical Malpractice - Defendants
• Personal Injury - Defendants
• Product Liability - Defendants
• Professional Malpractice - Defendants
• Transportation Law
• Worker's Compensation - Employers

08.17.10: HFS attorneys named "The Best Lawyers in America," 2011.

HFS congratulates the following attorneys named in the 2011 edition of "The Best Lawyers in America":

• H. Lanier Brown, II in Personal Injury Litigation and Product Liability Litigation
• Stanley A. Cash in Medical Malpractice Law, Personal Injury Litigation, and Product Liability Litigation
• John S. Civils in Workers' Compensation Law
• Charles H. Clark, Jr. 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 Personal Injury Litigation and Professional Malpractice Law
• J. Allen Sydnor in Medical Malpractice Law
• D. Alan Thomas in Personal Injury Litigation and Product Liability Litigation

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

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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