The attorneys at Hornsby, Watson & Hornsby have handled thousands of cases involving catastrophic personal injury whether from automobile accidents, on-the-job mishaps, medical malpractice, nursing home abuse and neglect or other tragic events. Additionally, this firm has achieved multi-million dollar results in cases involving Estates and Trusts, destruction of property, and business disputes. The following examples were chosen to show not just the good results that we have obtained but also the wide range of litigation that this firm has handled:
3/09/15 Wrongful Birth – Negligent Testing Facility
$8M Settlement During Jury Deliberations Against Pre-Natal Testing Facility: This case, commonly referred to as a “wrongful birth” cause of action, was venued in Madison County, Alabama. It was alleged that the defendant testing facility was negligent in its interpretation of chorionic villous sampling submitted by the plaintiff to determine if the baby was going to be affected by Beta Thalassemia Major. The defendant improperly interpreted the specimen and informed the family the baby was only going to be a carrier of the disease, and unaffected. As a result, the parents continued with the pregnancy only to discover after the baby’s birth that the child was in fact, affected with Beta Thalassemia. After a two week trial, and while the jury was deliberating, the case settled for $8,000,000.00.
Man Receives $7.25 Million Dollars From Car Crash
The onboard computer in a Cadillac forced a $7.25 million settlement by showing that a dealer employee was going 114 mph when he slammed into the plaintiff’s car, disabling a former Auburn football player. Jeffrey Padgett was returning home with his 8-year-old son after attending an Auburn scrimmage when the defendant slammed into his car, sending him careening off the highway and into a tree. Witnesses at the scene said the Cadillac, owned by Jimmy Smith Pontiac of Athens and driven by employee, Justin Smith, had passed them south of the site weaving at between 120 and 150 mph.
Elderly Resident of Assisted Living Facility Receives $5.35 Million from Jury After Attack By Fire Ants
A Madison County jury rendered a verdict in favor of 79-year-old Lucille Devers, a resident of an assisted living facility, in the amount of $5.35 million dollars, for injuries she suffered in a horrifying fire ant attack. Ms. Devers called her daughter one hot summer day and told her she had “stickers in her legs.” Subsequent events revealed that Ms. Devers was attacked by fire ants, an event which was not disclosed to her family by the assisted living facility. A thorough investigation also revealed that the company responsible for controlling pests at the facility, Terminix, performed its duties negligently.
Two Contract Workers Receive $1.5 Million In Overhead Crane Collision
Two pipe fitters were performing work for a private contractor in the Wolverine Tube plant in Decatur, Alabama. The two workers were on an extended lift working in the ceiling. Although they were visibly performing work on a lift in the middle of the plant, Wolverine Tube did not shut down or lock out its overhead cranes. Wolverine Tube continued to operate overhead cranes in the area. One of those cranes struck the extended lift, causing both pipe fitters to fall to the concrete floor below. Both men suffered multiple injuries requiring extensive medical care.
Man Receives $318,000 Jury Verdict for Slip and Fall in K-Mart
A man shopping in the Lawn and Garden section of a local K-Mart slipped and fell when he stepped on Hibiscus blooms. The blooms dropped on the floor from the display plants. K-Mart employees failed to remove the blooms, despite admitting that Hibiscus blooms are extremely slippery and presented a fall risk. K-Mart denied any responsibility for the man’s resulting knee injury, but a Madison County jury disagreed. Ralph Hornsby, Jr. argued the case to the jury and obtained a verdict in the amount of $318,000.00. K-Mart appealed the jury’s verdict to the Alabama Supreme Court, but the Hornsby, Watson & Hornsby appellate team successfully defeated the appeal, obtaining an unanimous affirmance from the Court. Ultimately, our client not only received the entire jury award, but also post-judgment interest that had accrued while the case was on appeal.
Man Receives $267,000.00 Jury Verdict For Industrial Injury at a TVA Site In Jackson County
This case involved different contractors working at the same site. Boilermaker Donald Whited, and his co-workers, were performing welding work in the bottom of a boiler at this TVA site. A separate company had workers present on scaffolding above them. The workers above Mr. Whited were responsible for placing a barrier to insure that no objects were dropped on Mr. Whited or his co-workers below. However, the other company did not fulfill its obligation and left an opening in the barrier. During the day, the workers above Mr. Whited dropped a piece of scaffolding which struck him. Fortunately, Mr. Whited was wearing a protective hard hat. However, he did suffer injury to his neck. Attorneys Ralph Hornsby, Sr. argued the case to the jury and received a verdict in the amount of $267,000.00 for Mr. Whited. The case involved damages as a result of Mr. Whited’s injury as well as an assessment of punitive damages against the defendant.
FAMILY RECOVERS OVER $10,000,000.00 IN A BREACH OF TRUST CASE
In testimony at trial, the defendants’ expert estimated the amount the family had received as a result of the representation of Hornsby, Watson & Hornsby to be in excess of $10,000,000.00. This firm sued for the family alleging a breach of trust by the Trustee. The firm contended for the family, and successfully so, that the Trustee had improperly diverted Trust assets for his own purposes.
This litigation extended over a number of years. The testimony mentioned above came about in a jury trial of one aspect of that case.
JURY AWARDS $1,100,000.00 FOR LEGAL MALPRACTICE
In a jury trial, Hornsby, Watson & Hornsby represented an Estate and its heirs against a lawyer who had drafted Estate and Trust documents. For the clients, HWHB&M contended that a lawyer had acted duplicitously in representing not only the Trust and the family members but other business clients. Although the trial court and jury agreed with the client’s position, the award was later reversed. The Appellate Court ruled that the client had not come to Hornsby, Watson & Hornsby until after the applicable Statute of Limitations had expired.
REAL ESTATE INVESTORS AWARDED $2,700,000.00 IN ARBITRATION
Hornsby, Watson & Hornsby represented a group of real estate investors who had put their money in an apartment complex. They had secured pest control services from a nationally known pest control company. Hornsby, Watson & Hornsby were able to establish to the reasonable satisfaction of the arbitrator that the failure of a pest control company to adequately treat the complex had resulted in termite damage. An appraiser then confirmed that due to the damage, the real property was eliminated from consideration by other investment firms looking for Class A property. The result was a lowering in value of the apartment complex in the amount of $2,700,000.00.
A MANUFACTURER’S REPRESENTATION FIRM RECEIVES $2,700,000.00 AFTER A JURY TRIAL
Huntsville, Alabama is a highly cosmopolitan community. It is the home of Marshall Space Flight Center, Redstone Arsenal Military Base, and many high-tech spin off industries. A number of Fortune 500 companies are located here. It is sometimes referred to as mini Silicone Valley. There is extensive commerce between this community and foreign electronic component providers. There are a number of manufacturer rep firms here. Hornsby, Watson & Hornsby has been their most successful representative. Alabama has a statute providing for treble damages if a manufacturer’s representative is not paid commission as agreed to. That was the basis of the case at trial. Hornsby, Watson & Hornsby was successful in establishing that the client had placed business in force for the principle and had earned the commission but had not been paid. After a dramatic trial, the jury agreed.
From offices in Huntsville, Alabama, the attorneys of Hornsby, Watson & Hornsby represent clients in the communities of Athens, Decatur, Guntersville, Scottsboro, and throughout the state.