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Date: 09-15-2023
Case Style:
Case Number: 2:22-CV-677
Judge: Myron H. Thompson
Court: United States District Court for the Middle District of Alabama (Montgomery County)
Plaintiff's Attorney: James warren and Morris Lilienthal
Defendant's Attorney: Mark Teppen and Jay Tuley
Description: Montgomery, Alabama personal injury car wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence and insurance law theories.
This case was filed in the Circuit Court of Montgomery County, AL, 03-cv-22-901311.00, and was removed to federal court by the Defendants.
The claims made and defenses asserted are not available.
"Alabama auto negligence law is based on the principle that drivers have a duty to operate their vehicles safely and avoid causing harm to others. If a driver breaches this duty and causes an accident, they may be held liable for the damages caused by the accident.
To prove negligence in an Alabama auto accident case, the plaintiff must show the following four elements:
Duty: The defendant owed the plaintiff a duty of care.
Breach: The defendant breached that duty by failing to act reasonably under the circumstances.
Causation: The defendant's breach caused the plaintiff's injuries.
Damages: The plaintiff suffered actual damages as a result of the accident.
Duty
The duty of care in an Alabama auto accident case is to operate a vehicle safely and avoid causing harm to others. This duty applies to all drivers, regardless of their experience or skill level.
Breach
To prove a breach of duty, the plaintiff must show that the defendant failed to act reasonably under the circumstances. This may involve showing that the defendant was speeding, driving under the influence of alcohol or drugs, or distracted while driving.
Causation
The plaintiff must also show that the defendant's breach of duty caused their injuries. This means that the plaintiff would not have been injured if the defendant had acted reasonably.
Damages
To recover damages in an Alabama auto accident case, the plaintiff must show that they suffered actual damages as a result of the accident. This may include medical expenses, lost wages, property damage, and pain and suffering.
Contributory Negligence
Alabama is a contributory negligence state, which means that the plaintiff cannot recover damages if they are even 1% responsible for the accident. This can be a harsh rule for plaintiffs, but it is important to be aware of.
If you have been involved in an auto accident in Alabama, you should contact an experienced attorney to discuss your legal options. An attorney can help you assess your case, determine if you have a viable negligence claim, and represent you in negotiations with the insurance company or in court."
Google Bard
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: