Alabama Injury Attorneys Blog

A Jefferson County man was pronounced dead at the scene after his fatal car wreck Thursday night.

Gregory McCutcheon, of Pinson, Alabama, was traveling northbound on Alabama Highway 79 when a 23-year-old Center Point woman failed to yield to the right of way. The Center Point woman was making a U-turn when McCutcheon struck her Dodge Stratus. McCutcheon, who was only 42-years-old, was thrown from his vehicle and pronounced dead at the scene of the Alabama car wreck

At the time of the accident, McCutcheon was traveling with his grandchildren, who were also thrown from the vehicle. The injured grandchildren, ages 6 and 3, were taken to Children's Hospital in Birmingham, Alabama and listed with non-life threatening injuries.

The Center Point woman was taken to St. Vincent's Hospital East and also listed with non-life threatening injuries.

The Alabama auto accident happened around 7:15 p.m. on April 29th.

Continue reading "Alabama Man Killed and Grandchildren Injured in Car Wreck " »

On Monday, the Alabama State Senate killed a bill that would ban texting while driving in the State of Alabama. Two Alabama towns, Jacksonville and Roanoke, have already adopted their own bill and banned texting on a city-wide level. According to reports, a standoff between a lawyer and an insurance company caused the bill not to pass even though a large number of legislators supported the bill.

According to State Sen. Roger Bedford, Alfa Insurance was to blame; however, the bill's sponsor, Rep. Jim McClendon said Bedford and several other attorneys were the ones at fault for the killing bill. McClendon claimed that Bedford and the other Alabama lawyers insisted on having language in the bill regarding negligence that would benefit personal injury lawyers in Alabama.

McClendon was trying to make Alabama the 20th state to pass a ban on texting while operating a vehicle. In 2009, the federal government banned texting while driving on government business.

Supporters of the bill were willing to pass the ban regardless of the language. In a statement made by an Alabama personal injury lawyer, supporters of the bill felt that language actually strengthened the bill by attempting to punish those who are involved in an accident as a result of texting while driving.

McClendon, the sponsor of the bill, said he would be back with the bill next year.

Continue reading "Alabama Kills Bill for Ban on Texting" »

A Kentucky teenager was killed in an auto accident last Friday in north Alabama. 17-year-old, Maria Schaffstein was returning home from Spring Break when she was killed in and auto accident in north Alabama.

According to Investigators, Schaffstein along with 7 other girls were trying to pass an 18-wheeler when their SUV ran off the road. When the driver ran off the edge, she tried to overcorrect the SUV and evidently ran off the road into the median. The SUV then overturned and crossed the southbound lane of Interstate-65 (I-65). The wreck occurred near Athens, Alabama and killed one and severely injured another. At the time of the accident, only two of the girls were wearing their seatbelts.

Sadly, automobile accidents like Maris Schaffstein's occur everyday in Alabama. Statistics show that almost 1000 people die every year from car accidents in the State of Alabama. Accidents can occur from a multitude of reasons including: driver negligence, hazardous road/weather conditions, texting and cell phone use, 18-wheelers and drunk drivers.

Continue reading "Alabama Accident Kills Spring Breaker" »

Rescue workers searched Louisiana's Gulf Coast all day Wednesday after an offshore drilling platform exploded and left 11 workers missing. The 400 x 250 ft rig known as Deepwater Horizon and owned by Transocean, Ltd had 126 workers on the platform at the time of the explosion. Most of the workers were believed to have safely escaped the blast; however, 11 are still said to be missing and 7 are badly injured.

At the time of the explosion, Deepwater Horizon, currently under contract with oil giant BP, was not in production but doing exploratory drilling. It is not clear how many BPO workers were on the rig, nor what exactly caused the explosion.

According to Ted Bourgoyne, a retired Louisiana State University professor of petroleum engineering, the explosion was probably caused by a mixture of natural gas and oil and seeped through the well combining with an ignition source of some kind. Modern day rigs have numerous defenses to prevent something of this magnitude. Such as weighting the fluids used in drilling with barium sulfite to prevent gas from traveling up the well. There are also alarms built in to alert workers of gas, and machinery is now built to prevent sparking. However, in the case such as this, it probably was not one thing, but a series of things that caused that accident.

The rig was originally designed in 2001 to operate in depths up to 8000ft deep and drill 5.5 miles down. The crew had drilled the well to its final depth (18,000 ft) and was cementing the steel casing at the time of the explosion.

Working on offshore oil rigs is an extremely dangerous job but thanks to improved training and safety systems and maintenance the job has become safer.

A Birmingham, Alabama jury returned a verdict of $750,000 to the estate of a baby boy, Dominic Ware, in a negligence and wrongful death lawsuit filed in Jefferson County.

The $750,000 verdict set a record in Alabama as the largest judgment that a jury has ever returned in a civil suit against the Department of Human Resource Workers (DHR). Jefferson County jurors found in favor of the estate of Dominic Ware, a 16-month old baby who was beaten to death by his mother's boyfriend, Jorge Latrice Carter, in 2006.

The lawsuit was by brought by Dominic's grandmother, Yolanda Givan, as representative of the baby's estate. Ms. Givan sought damages against the DHR workers who she claimed were negligent by failing to comply with a court order mandating a drug test and psychological evalutaion before returning Dominic to his mother. Dominic's mother had recently tested positive for cocaine and was living with her boyfriend, an admitted drug user with a criminal past. According to the attorneys representing Dominic's estate, the two DHR workers on trial, Erica Jackson and Lacie Watson, failed to follow agency protocol by failing to check the results of a drug test taken by the mother of the deceased Dominic Ware.

The attorneys representing the deceased asked the community to return a verdict that would indicate to all DHR workers that they would not tolerate failure to follow court mandated rules and regulations that protect children. According to a DHR official, DHR does not believe the workers were negligent in this case, and that the verdict is expected to be appealed to the Alabama Supreme Court.

The largest Alabama jury verdict prior to this case was $25,000 awarded last year in the estate of Austin Terry, a 14-month-old boy who died in 2002 while DHR was investigating claims of child abuse.

Continue reading "Alabama Jury Returns Verdict of $750,000" »

On Saturday, April 16th, Birmingham Personal Injury Attorneys, Farris, Riley & Pitt, along with 20 other companies helped sponsor the 2nd Annual Q @ the Zoo Backyard Barbeque Contest at the Birmingham, Alabama Zoo. All proceeds from the event benefited Holy Family Cristo Rey, a Catholic affiliated school located in Birmingham, AL that provides college preparatory education to urban youth in communities with limited resources. Holy Family Cristo Rey is part of the Cristo Rey Network that is comprised of 24 schools nationwide promising students who work one full day a week at entry level corporate jobs assistance with their college tuition.

The amateur BBQ contest kicked off early Saturday morning when teams from all over Birmingham fired up their BBQ grills for a fun day of BBQ, festivities and a chance to be called the "Overall BBQ Winner." Teams have the chance to compete in four distinct meat categories: Chicken, Ribs, Pork, & Beef. Fans and onlookers enjoyed the day by visiting various BBQ team tents, enjoying the entertainment and family friendly atmosphere.

For more information on how you can get involved with the Cristo Rey Network contact 205-781-3860 or visit http://www.hfcristorey.org

A north Alabama woman was awarded $10 million dollars in punitive damages for the wrongful death of her husband, Christopher Hardin Dupree. Dupree was killed in June of 2008 when he fell in a workplace accident some 150 feet while helping paint a water tank in Hurtsboro, Alabama.

At the time of his death, Dupree was working for B&H Paint Company out of Haleyville, Alabama. Erica Fleming Dupree sued her husband's employer as well as Robinson and Sons Construction Services, Goodwyn, Mills and Cawood, and the Russell County Water Authority out of Montgomery, Alabama. Mrs. Dupree claimed they were negligent by failing to provide a safe work environment which resulted in the untimely death of her husband.

The lead attorney for the case dismissed the painting company, the water authority and the engineering firm as defendants and focused their case on the construction company. Robinson and Sons was held solely responsible because as general contractor for the project they were responsible for the safety of the work environment. In an investigation by the Occupational Safety and Heath Administration several safety violations were revealed at the site of the water tank.

Continue reading "Alabama Woman Awarded $10 Million in Wrongful Death Accident" »

Japanese automaker, Toyota, has taken yet another blow to its automotive sales after Consumer Reports gave their 2010 Lexus GX-460 a "Don't Buy" rating. Consumer Reports is and influential buyer's guide that gives ratings and reviews to all consumer products. The report follows in the aftermath of the massive recall Toyota announced only a few months ago, pulling some 5 million vehicles off the market for sticky accelerator pads.

Due to the warning issued by Consumer Reports, Lexus has temporarily suspended all sales of the 2010 Lexus GX-460. Consumer Reports claims it has handling problems and can flip over during sharp turns, prompting the magazine to call it a safety risk. This is the first time in ten years Consumer Reports has outright told consumers not to buy a vehicle. Jake Fisher, Senior Automotive Engineer for Consumer Reports was quoted saying "I've been here at Consumer Reports for 11 years. I have never seen an SUV do anything this bad."

Hours after the magazine announce the new rating; the Japanese automaker pulled the SUV from all dealership showrooms. In a statement released by Toyota, they will be conducting a new set of tests to try and duplicate the problems Consumer Reports encountered and try and correct them. Since December, Toyota has already sold about 6,000 GX-460s from the 2010 model, and an estimated 1,600 are still on dealership lots.

The National Highway Traffic Safety Administration has also issued a warning regarding the Lexus SUV. The federal agency advised drivers to "use care and caution" when driving the SUV.

The last time Consumer Reports issued a "Don't buy" warning for an SUV was 2001 with the Mitsubishi Montero Limited.

Consumer Reports will keep the warning label on the model until Toyota corrects the issue with the GX-460. Customers who have questions or concerns about the GX 460 can call Lexus at (800) 255-3987.

A violent truck wreck on Alabama U.S. Route 43 kills three and critically injures one.

The motor vehicle collision happened near Mount Vernon, Alabama on April 7, 2010. The deadly wreck involved two motor vehicles involving on pick-up truck. Allegedly, 19- year old Chase Alan Stevens was traveling south on U.S. 43 when his Honda Accord veered out of his lane. Immediately after veering from his lane, Steven's Honda hit a concrete culvert in the median. The car that was originally headed south was hurled through the air into the northbound lane of the highway and as a result smashed into an F150 pickup truck, driven by 35-year old Michael Cummings Vice.

Alabama Emergency Services quickly responded on the scene of the deadly car accident; however, the severe injuries sustained by Stevens and Vice proved to be fatal and both were pronounced dead at the scene. Another passenger, 19- year old Justin Black Averette, who was riding with Stevens in his Accord at the time of the accident, also suffered fatal injuries in the 2 car wreck. The only surviving victim is 25-year-old Benjamin Hugener, who suffered critical injuries and was immediately transported via ambulance to University of South Alabama Medical Center.

According to reports, the victims in the fatal car wreck worked at the ThyssenKrupp Steel USA facility and were either on their way to or from work. It is not clear if any of the victims were wearing their seatbelt at the time of the crash.

Continue reading "Alabama Truck Wreck Kills 3" »

A local Birmingham, Alabama woman was killed Saturday night in a car crash at the intersection of Daniel Payne Drive and Coalburg Road in Birmingham. Pamela Cupps, 50, died the scene of the crash, while her husband and three other victims were taken to nearby UAB hospital. The coroner's office was notified at 6:50 p.m. Saturday night of Mrs. Cupps death.

According to local reports, the car that struck The Cupps was carrying people suspected of shoplifting at Best Buy. Fultondale police had been chasing the car in a high speed chase. The shoplifters ran through a red stop-light plowing into the driver's side of the car driven by Pamela Cupps.

In a recent post on http://blog.al.com, Mrs. Cupps had planned to retire in two years from her job at the Alabama Department of Human Resources (DHR), where she worked for 23 years. Mrs. Cupps had two children and one 5-year-old grandson.

Continue reading "Birmingham Woman Killed in Car Crash with a Shoplifter" »