Lawsuit

Does My Automobile Insurance Cover My Child Away at College?

Published on: March 12, 2024 | by Hollis Wright

by HWC Partner Michael Eldridge

Every fall, parents across Alabama celebrate the significant milestone of sending their children off to college. While our attention naturally gravitates toward matters like lodging, tuition, and class schedules, we may also ponder whether our insurance policies continue to provide coverage for our children now that they are adults and out of the house. Consider this scenario: Your child is away at college and is involved in a car accident. Perhaps they are at fault and injure someone else, or worse, they themselves are injured by another driver. In such situations, what are the implications for the parents’ insurance coverage as is it relates to covering a child away at school?

For decades, Alabama courts have ruled on insurance disputes related to scenarios precisely like this one. The central point of contention between insurance companies and their insureds revolves around the term “residence.” Specifically, what qualifies as an individual’s place of residence while away at school? The crux of this question is significantly important because insurance contracts typically extend coverage to both the named insureds (i.e. the parents) and “relatives of the named insured if they are residents of the same household.”

Alcohol & Drug-Related Injury Cases & the Ever-Developing Area of Toxicology Admissibility

Published on: October 24, 2022 | by Hollis Wright

by HWC Managing Partner Josh Wright

Managing Partner Josh Wright has developed a specialty over the last 25 years in the litigation of toxicology admissibility. Long a regionally-recognized drunk driving victim’s lawyer, the issue of biologic sample admissibility has developed in the law, and Josh has been on the forefront of the topic–litigating alcohol and drug-related cases in State and Federal courts in multiple states, and constantly writing and lecturing on the topic. In fact, part of the current Alabama Beverage Control regulations were written by Josh in 2011-2012.

“Admissibility of biologic samples, including urine and blood results, has become a complicated legal issue over the last 20 years in Alabama and our surrounding states,” Josh stated. “It’s not as simple as saying ‘because that driver had alcohol in his system, the jury gets to hear that evidence against him,’ or ‘because that industrial worker had drugs in his system when he caused the injury, the jury will hear that evidence.'” “If you don’t know and understand the ever-changing science of toxicology admissibility, critical evidence may never be heard by your jury in your case.”

The In-House Corporate Expert Witness—Was a Privilege Just Waived?

Published on: August 18, 2021 | by Hollis Wright

by HWC Partner Carter Clay

Any attorney representing injured and wrongful death victims in complex litigation matters has likely encountered a Rule 26 expert disclosure in which the corporate defendant discloses an in-house employee to give expert opinions related to the case. Perhaps, the corporate defendant disclosed an in-house engineer, an architect, or maybe a medical expert. Oftentimes, we just assume that a corporate defendant, under all circumstances, has the unconditional right to have privileged attorney-client communications with these in-house employees. However, when a corporate defendant uses an in-house employee to serve as an expert witness in litigation, does the corporate defendant run the risk of waiving the attorney-client privilege? Yes, it seems so.

Don’t make the mistake of simply concluding that the disclosing corporation can maintain the attorney-client privilege. The disclosing corporation should not be allowed to use the in-house employee as an expert witness sword while at the same time protecting (shield) that in-house employee from full and complete disclosure of all materials “considered” by them in forming the opinions. Initially, a privilege log should be insisted upon pursuant to Rule 26(b)(6) of the Alabama Rules of Civil Procedure.

A Guide to Workers’ Compensation Claims

Published on: December 8, 2020 | by Hollis Wright

by Allwin E. Horn, IV, head of HWC Workers’ Compensation Department

In a recent year, the United States witnessed some 36,500 non-fatal workplace injuries and 5,200 fatal workplace incidents, according to the US Bureau of Labor and Statistics. Of the fatal incidents, 89 were in Alabama.

While it is true that people are injured on the job every day and are able to recover quickly without the loss of income, often the injury is severe and requires extensive medical treatment, lost time from work, and lost wages. In many cases, the injured employee cannot return to their pre-injury job duties due to the physical limitations caused by the injuries. Injured employees are entitled to several different types of benefits under the Alabama Workers’ Compensation Act. They include:

Injured by a Defective Product? Can I Sue the Retailer in Alabama?

Published on: October 12, 2020 | by Hollis Wright

by HWCV Partner Carter Clay

Although online purchasing is becoming more and more common, products are still routinely purchased from a store or retail shop. If a defective product is purchased from the retailer and injures or kills someone, is the retailer liable? Can the retailer be sued in Alabama? If my client is an Alabama resident, and I sue the retailer, which is an Alabama business, will the case be removed to federal court?

The above questions are often asked by attorneys retained by clients injured by defective products. As explained hereinbelow, the answers depend on what is being claimed against the retail store. Alabama product liability claims are governed by the Alabama Extended Manufacturers Liability Doctrine (AEMLD). See Ala Code § 6-5-501.

A Simple Guide to the Ongoing Hernia Mesh Lawsuits

Published on: September 25, 2020 | by Hollis Wright

Hernia mesh implants have been used by surgeons to repair hernias for years. These mesh implants are made of either synthetic materials or biologic tissue (made from pigs or cows). But why would you need a hernia repair surgery in the first place? A hernia occurs when tissue protrudes through a weakened spot in the surrounding tissue or muscle. This can be very painful and ultimately lead to a hernia repair surgery. There are many causes of hernias, including: physical exertion (lifting heavy objects), muscle weakness, or obesity. The most common types of hernias are inguinal (inner groin), femoral (outer groin), umbilical (belly button), incisional (caused by an incision), and hiatal (upper stomach).

One of the primary treatments for a hernia is surgery using hernia mesh. A hernia repair surgery can be done laproscopically (when several small incisions are made to allow surgical tools into the opening), or open (when a large incision is made). The mesh used can either be synthetic or made with biologic tissue and is intended to provide extra support on the of the weakened tissue.

The most common and widely publicized lawsuits involve synthetic hernia mesh manufactured by Atrium, Bard/Davol, Covidien, and Ethicon. Lawsuits have been filed around the country and include claims that these hernia mesh devices are defective in many ways—migrating, not incorporating well into the body, or balling up. Many claimants allege that they suffer from serious injuries due to defective hernia mesh products including:

Are Consulting Experts Always Privileged and Confidential? Arguments For and Against Production

Published on: August 12, 2019 | by Hollis Wright

by HWC Partner Carter Clay

Any attorney who represents clients in cases that require experts will more than likely come across discovery issues involving those experts. Who is considered an expert and whether or not his or her identity must be disclosed? Specifically, what about consulting experts that will not be a witness at trial, must his or her identity be disclosed to the other parties? In cases involving product liability, this is especially common because of the oftentimes-complex nature of the device at issue. So, what about the discovery of the identification of non-witness consulting experts “attending” the examination of the subject defective product? This article seeks to address circumstances whereby the confidential nature of consulting experts might be removed.

For instance, in a product liability claim where expert inspections of the product will take place, do the inspections have to be jointly conducted? Can one party insist upon taking possession of the product and conduct an inspection outside the presence of other parties? If one party and the experts take possession of the product, does that party have to disclose the identity of the expert(s) who will be involved in the inspection and handling of the product, and what will they do at the inspection?

Raise It or Waive It: Potential Problems for Practitioners with Minimal Pleading Requirements

Published on: January 7, 2019 | by Hollis Wright

Most people know that a lawsuit begins with the filing of a complaint followed, in most cases, immediately by the filing of an answer. Universally referred to as “pleadings,” these legal documents serve as the parties’ first formal written statements setting out either the claims against or defense to another party’s claims in a civil action. What is not universal, however, is the requirements for parties and lawyers when bringing these actions. Depending on the court in which they are filed, claims being asserted, and available defenses, the pleading standard can vary tremendously. For example, for litigants bringing cases in United States Federal Districts Courts, the pleading standard requires that the complaint must set forth at least “enough facts to state a claim for relief that is plausible on its face.” Ashcroft v Iqbal, 556 U.S. 662 (2009). For litigants in Alabama State Courts, however, the pleading requirements are materially broader and far less scrutinized when compared to the federal standard. While Alabama’s liberal pleading standard simplifies the process for bringing actions, it can potentially create major problems on the back-end of a case for lawyers with their clients.

Often referred to as a “notice” or “no-set-of-facts” pleading standard, complaints in Alabama are merely required to include “a short and plain statement of the claim showing the pleader is entitled to relief.” Ala. R. Civ. P. 8 (a). Over time, this culture of pleading the bare minimum has, in many cases, lead to minimal review and response from the other party. Despite routine compliance with the minimal pleading standard, such a lackadaisical approach often results in the neglect of important requirements set out in other rules of civil procedure.

The standard and requirements for civil pleadings in Alabama are, in large part, governed by Alabama Rules of Civil Procedure Rules 8 and 12. Pursuant to Rule 12(a), once served with a summons and complaint, a defendant has 30 days to file a responsive pleading. Under Rule 8, a party’s failure to respond to or deny any averment raised in the Complaint, other than those of damages, amounts to an admission of those claims. Given that the vast majority of answers are timely and amount to a blanket denial to everything raised in the complaint, these two requirements are largely inconsequential. Often overlooked by practitioners, however, are the requirements for raising certain defenses and, more importantly, the consequences for failing to do so.