Worker Crushed to Death – Our firm achieved a multi-million dollar settlement for the widow and children of a foundry worker crushed to death in an Alabama pipe foundry. This tragic death prompted an OSHA investigation that resulted in additional millions of dollars of fines and in criminal charges being made against the foundry and its officers. Our case, along with the OSHA action, will help ensure that foundries across the country will be safer places to work.

State Ordered to Pay in Eminent Domain Case - We recently represented a family of property-owners whose mineral-rich land was forcibly taken from them by the State of Alabama by the process of “eminent domain.” Despite other active mining operations right beside the land taken, the State refused to pay for the valuable minerals owned by the family. After a jury trial, the Court awarded the property owners more than $3.2 million as compensation for their property and minerals - - an amount thirty times larger than the State’s original offer.

Electrocution Death Claim Settled - We secured a large confidential settlement for the widow and heirs of a power pole inspection worker who was electrocuted when an improperly-insulated and dangerously maintained guy wire suddenly broke and became electrified. Our investigation revealed that many safety violations had been ignored for over fifty years on this particular power line.

Trucking Company Settlement - Our firm secured a significant confidential settlement against a trucking company whose driver violated Federal Motor Carrier Safety Rules by driving overtime and by failing to properly log his hours. While driving fatigued, the operator drove at high speeds, in a blinding rain, down a steep hill. He lost control of his truck and crossed over into our client’s lane, causing serious injury. The case was settled shortly before trial.

House Fire Wrongful Deaths/ Serious Burns - Our firm represented a family that lost three members to a tragic Christmas season fire. Another family member suffered significant burns. Investigation revealed that smoke detectors in the home did not function properly and that the fire was fed by a faulty natural gas regulator. The case settled just prior to trial for a confidential sum.

Rear Seat Lap Belt Injury - Our attorneys achieved significant settlements for two rear seat passengers who received serious lower spinal column injuries when their vehicle left the roadway and struck a tree. They were wearing the lap belt restraints installed for rear seat passengers. The front-seat passengers, wearing three-point lap/shoulder harnesses, suffered only minor injuries. Evidence showed that the vehicle manufacturer knew that serious lower spine and abdominal injuries were common when vehicle occupants wore lap-belt restraints. American models of this vehicle had lap-belts installed in the rear seats, while European models of the same vehicle had been outfitted with safer rear seat three-point restraints for years. Cases like this have resulted in higher standards being introduced and safer vehicles being manufactured. Today, all manufacturers provide three-point restraints in rear seats.

Automobile Wrongful Deaths - We represented the families of a young married couple who were killed in a tragic auto collision just before New Years. This couple accompanied some friends to a dance club in Birmingham. Unknown to them, the young man who ended up driving them home had ingested a number of illegal drugs, including Marijuana, “Ecstasy” and Methamphetamine. While the young couple slept in the back on the way home, the impaired driver left the Interstate highway at a high rate of speed, struck a guardrail and launched them into the air. Both husband and wife died instantly. Both cases settled for substantial sums prior to trial.

Impaired Truck Driver Runs Red Light - A young man and his wife both lost their lives when the driver of an eighteen-wheel tractor-trailer carrying used cars from a car auction in Mississippi through Alabama ran through a red light and struck their vehicle. The driver fled from the scene, and law enforcement investigators discovered evidence of drug use in the cab of the truck. A pre-trial settlement was reached with the vehicle auction defendants who hired the impaired driver to haul their vehicles. A multi-million dollar judgment was returned at trial against the trucker.

Wrongful Death and Serious Injury after Night of Drinking - Our clients were members of a group of motorcyclists that enjoyed touring on high-end Honda “Gold Wing” motorcycles. Early one Saturday morning, their group was pulled over on the shoulder of a major highway at the beginning of a ride. A drunk driver, going home after drinking all night at a local bar, ran off the road and mowed into the group. One cyclist was killed. Another was seriously injured. The driver had spent almost the entire night at a bar that was notorious for encouraging excessive drinking. Evidence showed that, by the time the driver left the bar, he would have been visibly intoxicated and that serving him would have violated Alabama Alcoholic Beverage Control Board Regulations and laws. A jury returned a seven-figure verdict at trial.

Improper Road Construction - Our firm secured one of the largest settlements in the history of Shelby County for a couple who were seriously injured in a collision caused by a Utility Company’s failure to properly warn and direct traffic along a road construction project. A large truck was left blocking a rural road, and no flagmen were positioned to direct traffic around this barrier. Our clients came around a curve and collided with the truck. One of our clients suffered a traumatic amputation of her right arm, and would require lifetime care. The case settled for a confidential sum prior to trial.

Class Action Insurance Claim Opt-outs - Our firm has represented hundreds of clients who were offered class action settlements by large insurance companies accused of various types of wrongful conduct, including making “vanishing premium” misrepresentations, fraudulently selling life insurance products as investments, and unfairly charging higher premiums to customers on the basis of race. The class action settlements offered only minimal cash payments in addition to reduced premiums and other non-cash relief. Our clients “opted out” of the class action settlements and made individual claims. We were able to negotiate individual cash-payment settlements that were substantially greater than the class relief offered.

Class Action Stops Fraudulent Practices - Our attorneys represented thousands of plaintiffs who were victims of various deceptive sales practices by companies selling satellite television services and equipment. The financial benefits to the class were valued at over $8 million dollars. The Court also ordered injunctive relief to prevent these same companies from engaging in similar deceptive sales practices in the future.

Defective Automotive Products - A young child suffered paraplegic and debilitating brain injuries when she jack-knifed over a lap belt in her family’s van during a low speed single vehicle accident. Discovery in this case revealed that the automotive manufacturer was well aware of this type of injury, especially to children, but refused to install lap and shoulder restraint systems in the rear outboard seating positions of this van. A substantial multi-million dollar settlement was reached to help this child and her family cope with her terrible permanent injuries.

Dangerous Guardrails - Out attorneys represented a young energetic mother of three who suffered the traumatic amputation of both legs when the vehicle she was driving accidentally struck an improperly constructed guardrail installed on the shoulder on an interstate highway. Instead of redirecting her vehicle back on the roadway, the guardrail pierced the firewall of her vehicle, causing her terrible injuries. Discovery and expert analysis revealed that the guardrail was improperly constructed and lacked industry-standard safety features. A confidential multi-million dollar award was achieved at pre-trial mediation.

Premises Liability – Movie Theatre - We represented a school teacher and mother who suffered low back injuries requiring three surgeries at a movie theatre, when she was struck by a door flung open by an employee leaving a ticket booth. Evidence revealed the design of the theatre invited patrons to stand near the door, but completely hid the customers standing in the doorway’s path from the view of employees. During trial, this case was settled for a substantial six-figure sum--over five (5) times the defendant’s pre-trial offer.

Workplace Fire Death - Our firm represented the family of a worker who died after suffering over 80% total body surface burns in a co-employee action. The worker’s superiors forced him to clean out a large steel underground storage container using flammable cleaning agents in a confined space without taking proper precautions to prevent unintended but fatal electrical sparks. Despite difficult Alabama laws making “willful conduct” a requirement for maintaining successful claims against employers who subject their workers to dangerous work conditions, our efforts produced a near million dollar award for the deceased worker’s dependents.

Davenport, Lavette & Cleckler, P.C.
Experienced Alabama Personal Injury Attorneys