Our attorneys routinely handle a broad variety of claims in the areas of
- product liability
- premises liability
- property litigation
- homeowners defense
- dram shop liability
- property damage claims
- agricultural matters including crop damage claims
- premises liability claims, which include negligent security
- physical or sexual assault and misconduct by a third person on the insured’s property
- as well as accidents in store aisles, sidewalks, and parking lots
- in addition to a multitude of sophisticated business issues
Representative examples of general liability cases recently litigated include:
Automobile Related Litigation
- Obtained for Allstate and other insurance companies doing business in the State of Mississippi a variety of automobile vehicle settlements or dismissals without necessity of discovery or trial.
- Obtained a defense verdict resulting in zero damages to the Plaintiff based on a finding of Plaintiff negligence in causing a serious motor vehicle accident. Plaintiff contended that she had not run traffic light. Based on our investigation, compelling evidence existed that he had run the light; thus the zero verdict.
- Obtained a significantly reduced settlement (when compared to the prayer for damages), wherein Plaintiff had sued for the death of her estranged husband killed in a motor vehicle accident. On cross examination at trial, the decedent was shown to be intoxicated, on drugs, unemployed, and had stopped his vehicle in the middle of the highway.
- Obtained a 12-0 defense verdict where Plaintiff claimed an 18-wheeler ran a red light and struck Plaintiff as he attempted to turn left. Proof demonstrated that Plaintiff was at fault for attempting to turn in a situation where he was not driving consistent with traffic control but turning without green light or turn arrow.
- Plaintiff contended that he was seriously injured in a motor vehicle accident. Defendant had liability. This case was tried to a jury verdict, but as a result, principally of cross-examination of the Plaintiff, the jury returned a verdict of less than what had been offered by insurance company before trial. This matter was complicated by the fact that Plaintiff spoke very little English and a translator was required. Plaintiff claimed $30,000 in damages; Defendant offered $10,000 at trial. Jury returned with a verdict of less than $5,000.
- Plaintiff contended that he had substantial injuries as a result of a rear-end collision. Preliminary accident report and medical reports available convinced the jury that Plaintiff’s injuries were not as great as he projected and that there was a causation question that Plaintiff was unable to overcome. This matter was tried to a jury conclusion and the Plaintiff receiving less than what Allstate had offered at the pre-trial conference.
- Plaintiff alleged serious injuries. After the Plaintiff’s deposition, as a result of solid analysis and review of medicals, it appeared that Plaintiff’s injuries had resulted from an accident which occurred subsequent to the accident in question. Plaintiff’s attorney withdrew and case was dismissed.
Property Litigation and Premises Liability
- Our attorneys have extensive knowledge and experience in claims involving property damage and casualty. These matters include representation of interstate pipeline clients and natural gas distribution companies in the defense of casualties and property damage claims caused by explosions, construction and negligent operation. Our attorneys have had decades of experience and have defended thousands of claims involving insurers, their insureds, self-insured retention programs and self-insured entities from claims arising in automobile law, including uninsured and underinsured motorists’ actions and transportation and common carrier liability claims for catastrophic injury and wrongful death. Representative matters handled include:
- Jury was returned finding the Client-Defendant department store not liable for any of Plaintiff claimed damages. Plaintiff had visited the store multiple times and was familiar with its floor plan and stairway. Plaintiff fell down the interior stairs and had claimed the store was negligent in failing to warn and/or make the premises safe.
- Successfully defended a premises liability case wherein the Plaintiff decedent’s family sued the apartment complex owner for a death claim alleging inadequate security and surveillance. The Defendant’s verdict arose from persuasive evidence that the security and surveillance exceeded that of other apartment complexes in the community.
- Obtained a jury verdict in a dram shop suit against a motel. On cross examination it was discovered that the customer left Defendant motel and then went to another bar and had more drinks before he was killed.
- Obtained dismissal with prejudice of a premises’ liability claim against client fast food restaurant. Established that injury did not happen in the way plaintiff described; thus restaurant was not culpable.
- Negotiated favorable settlement for landlord against tenant involving lack of maintenance and presence of significant mold contamination. Established that conditions were not the fault of landlord or its maintenance but those of tenant’s sub-tenant while in possession. Property was remediated through proceeds of insurance policy associated with sub-tenant and lease favorable to landlord was preserved and remained in effect.
- Negotiated a successful settlement of multiple claims by landowners and tenant farmers for damages to farmland and crops caused by interstate transmission pipeline.
- Reached a favorable settlement in claim involving damage to landowner’s property involving negligent construction of a dam on adjacent property.
- Successfully handled fatalities involving natural gas systems, including pipeline explosion and severe burns allegedly due to negligent operation and maintenance of distribution system.
- Negotiated favorable settlement relative to damage to roof as a result of a hail storm; the issue was whether replacement of the roof or merely repairs was the appropriate remedy.
- Obtained dismissal with prejudice against individual defendant in alienation of affections action covered by his homeowner’s policy by establishing that there was no causation by defendant.
Representative clients include
- Jackson Iron & Metal Company
- APAC of Mississippi
- Gallagher Bassett
- Ruth’s Department Store
- Columbus Holiday Inn
- Kinder Morgan Energy Partners, L.P
- Boardwalk Pipeline Partners
- Atmos Energy Corporation
- Gulf South Pipeline
- Midcontinent Express Pipeline