Thanks to my many clients who trusted and depended upon me to handle their legal problems.   Thanks also to Wiggins, Childs, Quinn & Pantazis, LLC for their support and for the many friends there.

Many people have helped me in so many ways.  This includes both working on cases and church ministry.  Thank you and may God bless you.

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What I also saw was everyone working together trying to be patient and to help each other.    We spoke with a man in the parking lot at Publix in Hueytown.  His  sister was killed.  He was still in shock.   I saw linemen working to put up power lines and people at a church working to repair its roof.  Disaster relief volunteers were working to provide food and water to people.  The traffic moved slowly.  It was also hard to take in just the amount of destruction that had taken place in such a short amount of time.

People of faith across Alabama prayed today for the victims  and their families.  Many have a lot to be thankful for – that they and their loved ones are safe.  Others will be struggling to try to put their lives back together.  However, in some cases, fatalities forever change life as they knew it.   Community Grief Support Service, a free service, is available to help.  I serve on the Board of Directors.  The organization is committed to helping those who will travel this journey of grief.  We have had a terrible tragedy in Alabama.

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It’s getting darker earlier each day and also it’s dark until later in the morning. That means it’s harder to see. The photo here is quite beautiful.  We don’t normally have snow in Alabama.  We do have rain (something we haven’t had much of lately) and darkness.   You will need to be extra careful during this changing of the seasons.  If you are a pedestrian or a driver, don’t assume the driver has seen you!

It’s during this time of year and especially when we have the time change that there is a rise in accidents. So, remember that it’s getting harder to see and take precautions, both as a driver and as a pedestrian.

Remember, it’s more fun to watch football when you aren’t the injured one!  Roll Tide!

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A settlement of a case means that both sides have to agree to the terms of the settlement, how much money is paid and when it is paid as well as any other terms the parties may agree upon.  Many people get the idea that they can simply demand a certain amount of money or they will only pay a certain amount  and the other side will agreed to it.

Think about that for a minute.  If you go out to buy or sell a car,  it has a fair market value – what fair minded people would pay for it.  A 2003 Ford Tarrus in good condition with 70,000 miles on it has a value that people are willing to pay. Assume for the moment that the fair market value is $4,135.00 for that year, make, mileage and condition.  Just because the seller wants more money and inflates the price by $30,000 does not mean that you or someone else would pay that much.  The same is true about the value of a case.

If someone offers to buy the car for $500, the seller has no risk in turning down the offer.  It’s not close to what the value of the car is and what a reasonable person would pay.  If, however, he gets an offer of $4000.00, he risks that there may not be anyone else willing to buy the car at that time for more money.  He might lose his chance to sell the car on a timely basis, so he may seriously consider selling the car.  He’s got something to lose if he doesn’t sell at that price.  Namely, owning the car and taking the risk that it may not sell for a long time and not having the immediate availability of the money from the sale.

In a lawsuit, the risk is that a witness may not make a good impression.  Someone may question the motives of the person who caused the injury to the driver.  If the driver who caused the injury had been drinking alcohol, a jury may not believe him when he testifies about how the accident occurred.   Someone also may question the motives of the person who was injured.  Are they likeable?  Did they try to get better such as following the doctor’s treatment?  You get the idea.

A number of factors go into valuing a case.  If it’s settled, both sides have to reach an agreement that fairly values the case and the risks that either side may lose at trial.  In the end, if a case is settled, both sides have to be reasonable in valuing the case.  Normally, when a case is not settled, it’s because the defendant is not willing to pay the reasonable value of a case.  To win at trial, a plaintiff has to convince all of the jurors to vote in favor of them, both that the wreck was caused by the other driver and on how much should be paid to fairly compensate the injured person for their injures, pain and suffering, and future care and impairment (what they still won’t be able to do as a result of the injury).  A defense verdict can occur when all of the jurors vote against a plaintiff or when the jury cannot reach a verdict – because  not everyone agrees on the same verdict (it only takes one person on a jury not to agree that the plaintiff should win for the jury not to be able to reach a verdict even if all the others vote in favor of the plaintiff in Alabama.  Juries in Alabama have to reach a unanimous decision – everyone agrees to the same verdict).  Plaintiff’s take those risks into account when trying to settle their claim.

So, simply asking for the moon won’t get a case settled nor will refusing to pay the reasonable value of a case.  Both sides have to agree to the terms, otherwise there is not a settlement.  That’s what trials are for, to resolve disputes when the parties cannot agree to the terms to settle a case.

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The religious season – football – in Alabama starts this labor day weekend. Many people are excited about the beginning of the season. Many will be traveling to games, the lake and other outings for a last hurrah of end of summer. This is also one of the most dangerous weekends of the year. I’ve repeatedly written about how taking an extra moment to drive and play safely can make the difference between a near miss and tragedy.

Please make sure this last hurrah of the summer and beginning of football season this weekend is a safe one.

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I had the chance this past weekend to spend some time with Dave and hear him speak about communication – worth every minute.  If someone is in Pennsylvania and needs estate planning or asset protection planning they would make a huge misstake not to have Dave helping them.

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However, like Ralphie’s parents you want to get your children the gift they really want.

One place to check before or after buying is U.S. Consumer Product Safety Commission. Toy Army Figures were recalled as dangerous! They are 7 ½ inch tall plastic toy Army figures. The figures are dressed in Army fatigues and have guns. On December 3, 2008 OKK Army toys which recalled them because they were found to have too much lead in the paint. Dollar type retailers and OKK Trading’s Web site www.okktoys.com from June 2008 through September 2008 sold them for about $1.00. Other types of toys to watch out for are those with magnets. Children can swallow them and choke. They also cause intestinal problems. Two toddlers died from Playskool Toy Tool Benches. The deaths of the children occurred when the children suffocated when oversized, plastic toy nails sold with the tool bench toys became forcefully lodged in their throats. Playskook recalled the toys. That recall was in 2006. However, not every toy recalled makes it back to the manufacturer.

If you have small children, you can assume that they will put every part of the toy in their mouth. I know from experience. I broke a tooth on my toy gun when I was a child. Try to anticipate what can go wrong when you pick a toy for your children. I hope yours is indeed a Merry Christmas not marred by injury to your child.

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Besides the reckless driving charge, authorities cited Nick Bollea for using a motor vehicle in commission of a felony, being a driver under 21 operating a vehicle with a blood-alcohol level of .02 percent or higher. Authorities released a long report detailing parts of their investigation. In the report, it covers the hours leading up to the crash.

Significantly, a store clerk told police that Hulk Hogan with “his son Nick and several other young males” had picked up several cases of beer earlier that day. She said that Hulk Hogan (Terry Bollea) paid for the purchase with either a credit card or a debit card as he signed for the purchase. The police investigator got the receipt and it showed Hulk Hogan purchased: 2 cases of Miller Lite beer, 2 cases of Corona Extra beer, 1 case of Miller Chill beer, and 5 bags of ice. The store clerk said Hulk Hogan (Terry Bollea) carried out two of the packages of beer and one of the other young men carried out the third package of beer, according to the police narrative. Another witness interviewed by the police stated Hulk Hogan came out and put two packages in his truck and drove off alone. Nick Bollea and his friends drove off in the car that later was in the accident. The inference from the police report is that they had one of the packages of beer in their car. The police report states that Hogan, Bollea, Graziano (the passenger who was injured), and two others spent the day drinking and cruising around on Hogan’s boat.

Alabama has a specific statute that makes a person legally responsible for the injuries to a third party if they supply alcohol to someone who causes injury because of their intoxication. Alabama’s Dram Shop Act provides, in pertinent part:

“(a) Every … parent … who shall be injured in person, property, or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages.”

§ 6-5-71 Ala. Code (1975). The Dram Shop Act does not require physically serving the alcohol to the minor (pouring them a drink or handing them a beer). Rather, the statute is triggered in any case in which a person unlawfully provides alcohol to a minor that results in the minor’s intoxication and proximately causes a covered injury. This means if you buy it or supply it, you can be held liable. See Runyans v. Littrell, 850 So.2d 244 , 245 (Ala. 2002). Hence, the mere fact that no one served Nick on the date of the accident would not be dispositive of the case. Providing alcohol for minors gives rise to a cause of action. Marting v. Watts, 513 So.2d 958 (Ala. 1987).

Nick Bollea had a blood alcohol level of 0.034/0.034 g/dl of alcohol in his blood. § 32-5A-191 Ala. Code (1975) states that a minor (under the age of 21) who is driving with a blood alcohol of 0.02 or greater is legally intoxicated. In Alabama, Hulk Hogan would be sued for a Dram Shop Act violation for the injuries from the accident based on the media reports of his purchases and activities prior to the wreck.

Perhaps you have seen a number of news articles of accidents that I have posted and wondered why am I reporting them. The highway is dangerous under the best of circumstances. Add alcohol and a drunk minor and unfortunately disaster is just around the bend. Litigation plays an important role in our society in discouraging the dangerous practice of providing alcohol to minors. I have had family members come to me to represent them when they had a loved one killed on the highway. Their grief and the tragedy in their lives was not a laughing matter. Fast driving and drinking are dangerous.

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Large trucks in 2006 were involved in there being 4,995 fatal crash victims. Beside death, large trucks were involved in 106,000 being injured in 2006. Clearly truck accidents can cause serious injury. According to data in 2005 failure to keep in the proper lane accounted for the most number of fatal crashes involving large trucks. Other leading large truck fatalities included: driving too fast for conditions or in excess of posted speed limit; inattentive (talking, eating, etc.); failure to yield right-of-way; cellular phone in vehicle; following improperly; failure to obey traffic signs; erratic or reckless driving; drowsy, asleep, fatigued; and other non-moving traffic violations.

Traffic crashes are a leading cause of death. Please be careful and drive safely.

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