Nixon Prevails for Defense

Faith Nixon of Carr Allison’s Mobile, Alabama office successfully defended her client in a circuit court jury trial in Baldwin County, Alabama.  The Plaintiff claimed that construction work on the client’s property caused his retaining wall to fail during a flood.  He also asserted a claim for continuing trespass of a gate post on his property.  The Plaintiff requested the cost of repair of the retaining wall and $20,000 in damages for the trespass claim.  Nixon defended the property damage claim by showing the actions of her client did not cause the damage to the retaining wall.   She also minimized the damages for the continuing trespass showing there was no real harm to the property.  The jury returned a defense verdict on the property damage claim and only awarded $2,700 to the Plaintiff for the trespass claim.  This is the third defense verdict Nixon has obtained for her client in the past 70 days.

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