Effective litigators don't just know the law. They know the courts. It's the fundamental philosophy that has guided this firm since day one.

With offices strategically located throughout Alabama and the I-10 Gulf Coast corridor from Gulfport, Mississippi to Tallahassee, Florida, and north to our Chattanooga, Tennessee office, Carr Allison offers the kind of confident legal representation that only comes from firsthand experience. We have accumulated decades of closely cultivated relationships at the local level, wherever our clients' interests lie.

Nixon Speaks at Baldwin County Bar Association Meeting

Faith Nixon of the Mobile office was the featured speaker at the March Baldwin County Bar Association Meeting.  Her presentation concerned the new Daubert standard in Alabama.  The meeting was very well attended and Mrs. Nixon received favorable reviews for her presentation.

Mrs. Nixon serves on the Continuing Education Committee and the Civil Practice Committee of the Baldwin County Bar Association.  She can be reached at (251) 626-9340, fnixon@carrallison.com

Nixon Obtains Summary Judgment

Faith Nixon of the Mobile office of Carr Allison recently obtained summary judgment in the Circuit Court of Baldwin County, Alabama on behalf of a church and daycare facility.  The Plaintiff was a 2 ½ year old boy that attended the daycare.  He was injured when he tripped and struck his neck on a toy.  As a result of the fall, he suffered a fractured trachea.  He was life flighted to USA Children’s and Women’s hospital and placed in an induced coma.  He eventually recovered from the injury.  The Plaintiff argued that it was the lack of supervision on the part of the daycare teacher that caused the fall and resulting injuries.  Mrs. Nixon argued that the Plaintiff failed to present substantial evidence of any breach of the standard of care on the part of the daycare and that the fall was simply the result of an accident common to children of the Plaintiff’s age.  The trial court agreed and granted summary judgment as to the Plaintiff’s claims for negligence and wantonness.  

Faith Nixon is a shareholder in the Mobile office and can be reached at (251) 626-9340, fnixon@carrallison.com.

Defense Win

Sean W. Martin, a shareholder in the Chattanooga, Tennessee office of Carr Allison, successfully defended a two-fronted attack by third-party plaintiffs seeking insurance coverage from Mr. Martin’s client.

The bizarre factual allegations of the case are as follows:

The son of the insureds for Mr. Martin’s client (“Boyfriend”) was romantically involved with the daughter of the third-party plaintiffs (“Girlfriend”). Girlfriend was pregnant with Boyfriend’s baby. The two had a tumultuous relationship that ended when Boyfriend strangled to death Girlfriend’s hamster. Upon discovery of this senseless act of violence against the hamster, Girlfriend expelled Boyfriend from the apartment they shared. Boyfriend moved back in with his parents.

Sometime later, the couple’s child arrived. Boyfriend wanted to see his child and advised Girlfriend that he was coming over to Girlfriend’s parent’s house. He was instructed not to visit, but came anyway. He brought his mother with him. During the visit, the two mothers got into a verbal altercation that turned physical when the Boyfriend’s mother allegedly choked Girlfriend’s mother. Girlfriend’s father and Boyfriend tried to break up the brawling mothers. During the melee, Boyfriend allegedly punched Girlfriend’s mother in face. The police were called and arrests were made.

A civil action followed against Boyfriend and his parents with the third-party plaintiff alleging that the Boyfriend’s dad knew or should have known that Boyfriend would knock Girlfriend’s mother out because he  previously strangled Girlfriend’s hamster.

Mr. Martin’s client denied coverage and filed a declaratory judgment action against its insured. A resolution was reached and the declaratory judgment action was dismissed. After the case was dismissed, the third-party plaintiffs filed a motion to intervene seeking coverage for their claims. At the same time, the third-party plaintiffs filed a miscellaneous action in the same court to set aside the dismissal, reinstate the case, and allow the third-party plaintiffs to assert a claim for coverage.

The court dismissed both actions and no appeal was taken. The full opinions can be found at Weinstein v. Homesite Ins. Co., 2014 U.S. Dist. LEXIS 13359 (E.D. Tenn. Feb. 4, 2014) and Homesite Ins. Co. of the Midwest v. Robards, 2014 U.S. Dist LEXIS 12879 (E.D. Tenn. Feb. 3, 2014).

Sean W. Martin, is a shareholder in the Chattanooga, Tennessee office of Carr Allison.  Sean can be reached at swmartin@carrallison.com or (423) 648-9834.