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.
Sean W. Martin, shareholder of the Chattanooga, Tennessee office of Carr Allison, recently received two favorable decisions from a single lawsuit spanning two Federal District Courts in Georgia.
The saga began with the filing of two separate lawsuits arising out of the same tractor trailer accident in the Superior Court of Muscogee County, Georgia. One case was filed against the trucking company and its driver, while the other was filed against the insurer for the trucking company named in the first suit. Georgia law permits direct actions against insurers in cases involving tractor trailers. Both cases were removed to Federal Court for the Middle District of Georgia.
In the case against the trucking company and its driver, Mr. Martin moved to transfer to Alabama, the more appropriate venue. Upon receipt of the motion, plaintiffs voluntarily dismissed the case. In the second suit, Mr. Martin filed a motion to dismiss because Alabama substantive law, which governs the case, does not permit direct actions against insurance companies.
While vigorously defending Mr. Martin’s motion to dismiss, plaintiffs chose to refile the suit against the trucking company and its driver in the State Court of Gwinnett County, Georgia. Mr. Martin immediately removed that case to the Northern District of Georgia and filed a motion to transfer venue to Alabama.
The motion to transfer was granted first and soon thereafter the motion to dismiss was granted.
USLAW’s Transportation Practice Group will launch its first national webinar on Monday, June 22nd. The webinar, Nuclear Verdicts in Transportation Cases: Fact or Fiction? How to Avoid Becoming the Next Statistic, will bring together two transportation lawyers whose firms collectively represent more than 20 of the top 25 motor carriers in America. Phil Stanfield from the west coast (Arizona’s Jones Skelton & Hochuli) and Charles Carr from the east coast (Carr Allison) will team with Bob Lund (Swift Transportation) who for the past 23 years has directed risk management for two of the top five truckload carriers in America. The webinar will provide 10 Best Practices Tips that will help you identify the potential nuclear verdict and avoid having one of your cases become next year’s transportation headline.
Bricker Daughty will be speaking on Thursday, June 11th in conjunction with the Dothan Chamber of Commerce in Dothan, Alabama. His one-hour program will cover the intricate components of the American with Disabilities Act facing today’s business community.
To find out more about this event, please click the link below: