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 had not been disclosed to her family by the assisted living facility.

A thorough investigation also revealed that Terminix, the company responsible for controlling pests at the facility, had negligently performed its duties.

Catastrophic Brain Injury Victim in Single Car Accident Receives $5.3 Million

Several teenagers were invited to attend a birthday party hosted by another minor’s parent. Sadly, the adult host provided minor teenagers alcoholic beverages.  After the party, one of the young men was riding in the backseat of a car driven by other teenagers who attended the party. In an instant, his life changed when the car slammed into a utility pole. He suffered a catastrophic brain injury and will require permanent assistance with activities of daily living.

Despite the fact the adult who served the minors only carried $300,000 dollars in liability coverage, the Hornsby Watson & Hornsby team leveraged the insurance company’s initial unreasonable failure to pay into a $5.3 million settlement.

Multi-Million Dollar Confidential Settlement Against Trucking Company & Auto Maker Due to Wrongful Death

Hornsby, Watson, Hornsby & Heyward represented the family of a man killed when rear-ended by an 18-wheeler. At impact, the victim’s seat back in his automobile failed which contributed to his death.  The family retained our team to represent them, and the firm obtained a multiple seven-figure recovery.

$8 Million Dollar Settlement in Medical Testing Negligence

An extreme failure in medical testing caused a child and their family to deal with life-long, catastrophic health problems. After two years of litigation, a two-week trial resulted in an $8 million dollar settlement which came just as the jury was finishing its deliberations.

Man Receives $7.25 Million Dollars From Car Crash

A former Auburn football player was traveling home from an Auburn scrimmage with his eight-year-old son when another vehicle slammed into the rear of their car.  They careened off the highway and slammed into a tree, leaving our client disabled.  The car which struck them, a Cadillac, was driven by the employee of a GM automobile dealership. Witnesses at the scene said the Cadillac had passed them south of the site weaving at between 120 and 150 mph.

Our team investigated and engaged experts who were able to download the onboard computer in the Cadillac. The ECM device revealed he was going 114 mph at the time of impact. 

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 & Heyward appellate team successfully defeated the appeal, obtaining a 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 Ensure 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 that struck him. Fortunately, Mr. Whited was wearing a protective hard hat. However, he did suffer injury to his neck. Attorney 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 Million In A Breach of Trust Trial

Beneficiaries of a sizable trust hired our firm to prove the Trustee of said funds had improperly diverted trust assets. Representing the beneficiaries, we sued for breach of trust by the Trustee. We successfully proved the Trustee had used Trust assets for his own purposes. This litigation extended over a number of years. In testimony at trial, the defendants’ expert estimated the amount the family had received as a result of the representation of Hornsby, Watson, Hornsby & Heyward to be in excess of $10,000,000.00.

Jury Awards $1.1 Million for Legal Malpractice

In a jury trial, Hornsby, Watson, Hornsby & Heyward represented an Estate and its heirs against a lawyer who had drafted Estate and Trust documents. Hornsby, Watson, Hornsby & Heyward contended that the lawyer had acted duplicitously in representing not only the Trust and the family members but other business clients. 

The trial court and jury agreed with the firm’s position, found the defendant guilty of malpractice, and awarded our client $1.1 million.

Real Estate Investors Awarded $2.7 Million in Arbitration

Hornsby, Watson, Hornsby & Heyward 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 & Heyward 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 diminishment in the value of the apartment complex in the amount of $2,700,000.00.

A Manufacturer’s Representation Firm Receives $2.7 Million After Jury Trial

Under the Alabama Sales Representative’s Contract Act, businesses are required to pay Sales Representatives and Manufacturer’s Representatives fair commission based on the terms of a commission contract. If the employee representative is not under a contract, the employer must pay a commission based on company customs or the customs of the industry. Additionally, employees must be paid their full commission within 30 days of the termination of the relationship, or the law provides for treble (3x) damages, plus attorney fees. 

Hornsby, Watson, Hornsby & Heyward was hired to represent a firm that had not been paid according to the terms of their agreement. In a dramatic trial, we were successful in establishing that the client had placed the business in force for the principle and had earned the commission but had not been paid. At the end of the trial, the Jury agreed, and assessed damages in the amount of $2.7 million.

From offices in Huntsville, Alabama, the attorneys of Hornsby, Watson, Hornsby & Heyward represent clients in the communities of Athens, Decatur, Guntersville, Scottsboro, and throughout the state.