Thomas McCutcheon Ask the Attorney is sponsored by local attorneys, McCutcheon & Hamner, PC, as a service to the residents of NW Alabama.

In 2011 the Alabama Supreme Court decided some interesting cases including a case involving Penske Truck Leasing Co. where the Court specifically held that the burden of proof that a worker may not receive unemployment compensation falls on the employer.

In another case, involving Ford Motor Company, the Court vacated an 8.5 million dollar jury verdict because the Judge asked who would be able to serve on a lengthy jury trial and only allowed those jurors to serve on the jury.

In a railroad crossing case, the Supreme Court vacated a 4.5 million dollar jury verdict, overruling the jury and deciding themselves that the plaintiff, struck by a train, must have been negligent for failing to “stop, look and listen.”

In another case, the Supreme Court vacated a jury verdict and decided themselves that a plaintiff run over by a forklift was negligent and should have known it was dangerous to walk behind a forklift.

The Supreme Court in Walker v. Capstone Building Corporation ended years of controversy among lawyers by ruling conclusively that reckless behavior causing injury has the same statute of limitations as behavior that is merely negligent and causes injury. There was case law that held that wanton or reckless behavior had a six year statute of limitations.

Joel and I won a case against State Farm where the ruling by the Court of Civil Appeals upheld present law that when an injured party hires a lawyer and recovers money that benefits the insurance company also, the insurance company has to take less than the full amount so as to share in the cost of the attorney hired by the injured party and not be represented for free. State Farm has appealed that case to the Supreme Court.

Joel and I tried several jury trials last year and our observation is that insurance companies are offering less for personal injury, and juries are awarding more for personal injury. We were successful in the courtroom but perhaps we were successful in the courtroom because we had good cases and good clients. My personal opinion is that there are a lot of marginal insurance companies that are largely unknown and they simply do not resolve their claims without litigation.

For years Joel and I have been particular about the types of personal injury cases that we accept. Every case that we accept is a case that we are willing to prepare for a jury trial. Even well known insurance companies are becoming “hit or miss” in their offers and efforts to settle cases without litigation.

Buckle up and drive safely.

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