Verdicts and Settlements

VERDICTS

$12,000,000 Verdict
Donna Blair v. Navistar International, et al
Donna Blair brought this case on behalf of her son, Tim Morgan who was killed when a cab guard installed on his log truck failed. The cab guard was installed on Mr. Morgan’s truck by Pro Tech to protect him in the event of an accident or sudden emergency and to ensure that Mr. Morgan's load did not intrude into the cab. However, the cab guard was poorly designed and Pro Tech used inferior welding procedures that resulted in a failure, causing Tim Morgan's death.  The $12 million verdict is the largest verdict on record for Lamar County, Alabama.  Clatus Junkin represented Ms. Blair, along with Greg Allen and Ben Baker of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. of Montgomery, Alabama.


$2,547,000 Verdict
Bill Newton v. Emmett Sanford
Former Auburn football star and landman Bill Newton brought this action against Emmett Sanford, a oil and gas well operator who fraudulently induced Newton to enter a contract with him and then breached it.  The breach resulted in tremendous financial hardship to Newton.  Greg Pearson and Clatus Junkin spearheaded the case that resulted in a trial of almost two weeks and a $2,547,000 million verdict for Newton, one of the largest verdicts in a commercial law case in Lamar County to that point.


CONFIDENTIAL SETTLEMENTS

In Hughes Eastern Litigation - Wrongful Death, Personal Injury

An explosion at an oil field heater-treater unit in Lamar County resulted in the wrongful death of one man, horrific injuries resulting in death to a second man, and burns and permanent, crippling injuries to a third man.  Clatus Junkin and Charles Harrison, along with Jimmy King of Jasper, represented the Estates of the two men who were killed as well as the injured man, and following a week-long mediation. These cases were settled pursuant to a confidentiality agreement.
 
Robert Kimbrell v. Caterpillar, Inc. - Fraud, Commercial Litigation

Kimbrell, a successful logging contractor, was induced by Caterpillar into buying new, untested logging equipment that Caterpillar represented would increase Kimbrell’s business.  Caterpillar’s representations of fact contained several material factual and mathematical errors, which Caterpillar concealed from Kimbrell.  Because the equipment was ill-suited to Kimbrell’s business and broke down constantly, Kimbrell was put out of business by the purchase. Greg Pearson and Clatus Junkin handled the case, negotiating a substantial settlement on behalf of Kimbrell. This case was settled pursuant to a confidentiality agreement.

Clifton Cook v. Mississippi University for Women - Wrongful Death

Clifton Cook was killed when a vehicle owned by the University and operated by an agent ran a stop sign and struck the vehicle he was driving.  Clatus Junkin and Charles Harrison represented the Estate, obtaining a settlement that is one of the largest wrongful death settlements in Fayette County history. This case was settled pursuant to a confidentiality agreement.

First State Bank Litigation - Fraud; Complex Business Litigation

Clatus Junkin and Charles Harrison represented thirty-plus Lamar County residents whose names were forged by a local insurance agent and agents of First State Bank in furtherance of a scheme to falsify life insurance applications in connection with loans, and to benefit from the death of bank customers thus “insured.”  The cases resulted in a substantial settlement on behalf of the thirty-plus clients.  These cases were settled pursuant to a confidentiality agreement.

Poultry House Litigation - Insurance Fraud, Commercial Litigation

Junkin Pearson along with Matt Glover represented multiple chicken farmers across the state against Farm Bureau of North Carolina. These chicken farmers were financially devastated when their insurance company, Farm Bureau of North Carolina, refused to pay for damages caused by hurricanes, tropical storms and other wind events. When Farm Bureau first inspected the plaintiffs’ houses for the purposes of insuring them, they noted that all of the houses were of premium, quality construction and gave them a grade “A” rating. However, when the farmers made claims for damages done to their houses after hurricanes Ivan, Katrina, and other wind events ripped through the area, Farm Bureau determined that the damages were the result of poor construction and denied their claims. These cases were settled pursuant to a confidentiality agreement.

JOHNCO Materials Inc., v Conrad Yelvington Distributors, Inc. - Complex Business Litigation

Junkin Pearson represented JOHNCO Materials Inc., a sand and gravel mining and distribution corporation located in Lowndes County Alabama, in its breach of contract suit against Conrad Yelvington Distributors Inc. In the suit, JOHNCO alleged that Yelvington breached a contract to purchase gravel from JOHNCO resulting in over $8 million dollars in damage. This case was settled pursuant to a confidentiality agreement.

Jimmy Curry v. Lexington Law Firm - Class Action, Credit Repair Fraud

Junkin Pearson, along with Wilson Green and Jim Fleenor, represented a class of more than 30,000 plaintiffs who filed suit against Lexington Law Firm alleging the organization defrauded them and violated the Credit Repair Organizations Act. The suit claimed that the Plaintiffs paid substantial sums of money to Lexington based on representations that Lexington could and would fix their damaged credit ratings. The Plaintiffs further alleged that Lexington took those payments knowing that it could not and would not do anything to repair their credit. These cases were settled pursuant to a confidentiality agreement.

Rusty Barnes v. Honda Motor Co. - Products Liability, Wrongful Death

Sam Junkin along with Paul Patterson, represented Rusty Barnes whose 10 year-old son died while riding a Honda three-wheeler. The suit alleged that Honda designed and manufactured their three-wheel all-terrain vehicle in such a manner that it was unsafe. The plaintiff also stated that Honda knowingly sold the unsafe three-wheeler without warning customers about those potential dangers. This case was settled pursuant to a confidentiality agreement.

Glen Crawford v. Craig Panter - Complex Business Litigation, Legal Malpractice

Glen Crawford was President and majority stockholder in Emergystat of Sulligent which was in the business of providing ambulance services to communities in Alabama, Florida, Kansas, Louisiana, Mississippi, Tennessee and Virginia. Crawford hired Craig Panter to represent him and provide legal advice during the sale of Emergystat to Bad Toys, Inc. a Tennessee Corporation. Crawford filed suit against Panter and alleged that Panter failed to properly advise him during the negotiation/transaction which resulted in Crawford never being compensated for his shares in Emergystat. Crawford further alleged that Panter was actually working for Bad Toys at the time of the transaction and failed to disclose that conflict to Crawford. Junkin Pearson represented Glen Crawford and the got the case settled. This case was settled pursuant to a confidentiality agreement.