Attorney Hubert E. Hamilton III's Legal Cases

Trucking accident

Sheila McCurry vs. World Information Systems, LLC, et al. Case File No.: 33-519-III, Cocke Circuit Court

Jun 01, 2016

OUTCOME: Settled

Ricky Lee McCurry, a truck driver, from North Carolina, was killed in a tragic wreck in Cocke County, Tennessee September 16, 2014. A local towing company had a big load of pallets from a previous wre ... ck that needed to be transported to Knoxville. Early in the morning, in the dark before sunrise, two Hartford Towing employees were using a tow truck to pull a low boy trailer loaded with blue pallets. They could not get the wiring harness on the trailer to connect with the socket on the tow truck, and therefore the tail lights on the trailer would not work, but they headed out in the dark anyway, in violation of FMCSR and state law. However, they did attach a battery powered wireless Tow Mate light bar, about 22” wide, to a stack of pallets at the rear of the trailer using bungee cords. They got on I-40 westbound just west of the North Carolina state line. They had only been on the road few minutes when something hit the rear of the trailer. Andrew Scott, driving a Madza 3, on his way to a business meeting in Oklahoma, had run into the rear of the low boy trailer, and hit it so hard the ball on the trailer hitch was sheared off. An unknown number of pallets were then knocked off the trailer and strewn across the traffic lanes of I-40. The tow truck dragged the trailer with its safety chains they could pull it off into the emergency lane to the right, at top of a hill. Just about that time, Ricky McCurry, driving a tractor trailer, was coming up the hill at 67-68 mph in the right lane. He suddenly came upon those pallets and debris strewn across the roadway, and elected to steer right into the emergency lane, to avoid hitting them. Unbeknownst to McCurry, however, the tow truck and unlit low boy trailer were parked in the same emergency lane at the top of the hill. McCurry probably never saw the trailer loaded with blue pallets until he hit it. He was killed instantly. McCurry, age 51, was survived by his wife, Sheila, an adult son, Dillon and a granddaughter. Suit was filed by the Hamilton Firm in Cocke County Circuit Court against the tow truck company and Scott’s employer, World Information Systems, After extensive discovery and mediation, the case was settled for a confidential sum. Hubert Hamilton served as lead counsel for the Plaintiff, Sheila McCurry.

Trucking accident

Carter Palmer v. Starlight Logistic Services, Inc., Case No. 2:14-CV-15, U.S. District Court, Eastern District of Tennessee.

Aug 03, 2015

OUTCOME: Settled

Annette Palmer, age 45, died tragically in a wreck on I-81 in Sullivan County, Tennessee on January 18, 2013. It was after midnight and she was a back seat passenger in a Ford Focus driven by her adul ... t daughter. It was cold and snowy and weather conditions were deteriorating as they traveled north. Suddenly the car spun out of control due to black ice on the road and came to a stop in the middle of the northbound traffic lanes. However, a tractor trailer was bearing down on the car. It was traveling 63 mph in a 55 mph zone on cruise control in the snowy and icy conditions. The driver never saw the Ford Focus until it was too late. He never slowed down, smashed into the car and killed Mrs. Palmer. Although the driver’s post-accident urine drug test showed a high level of marijuana metabolites, the driver denied smoking pot since he had left California several days before. The trucking company, and their toxicology expert, argued that the driver was not impaired, and that the urine test could not be used to prove impairment. They blamed the wreck on Mrs. Palmer’s daughter for losing control of her car which had bald tires that were unsafe for the road conditions. However, Mrs. Palmer knew nothing about the condition of the tires. She was just coming along to help her daughter move. It was a challenging case with hotly disputed liability, as the truck driver and his employer tried to lay all the blame for the wreck on the daughter and her bald tires. With trial set for September 1, 2015, the parties recently a compromise resolution of the case of $595,000 for the wrongful death of Mrs. Palmer, who is survived by her husband of 13 years and the adult daughter.

Wrongful death

Darlene Morgan v. Candace Nanette Charping, 16-SV-055, Bryan State Court, Georgia

Jan 12, 2015

OUTCOME: Settled

On January 12, 2015, Candy Charping crashed into the rear of a work truck driven by Michael Morgan, on I-16 in Chatham County, Georgia. The truck overturned and Morgan was ejected and killed. His job, ... which he had just started, involved pumping out septic tanks and portable toilets. Suit was filed suit in Bryan County, Georgia on behalf of Morgan’s widow and their young son, Darlene Morgan v. Candace Nanette Charping, 16-SV-055, Bryan State Court. Even though Charping ran into the rear of the work truck, liability for the wreck was vigorously disputed. Her lawyers contended that Morgan was not wearing a seat belt, which is a violation of FMCSR 392.16, that the taillights on the rear of the truck were not visible, and that portable toilets being hauled on the rear of the truck were full and sloshing around, thereby causing the truck to overturn. At mediation, a compromise settlement agreement was reached for $925,000, after taking all available insurance coverage into account, with a structured settlement for the benefit of the minor child and the case was brought to a final conclusion in August 2017. Hubert E. Hamilton served as lead counsel for the plaintiff.

Trucking accident

Stevens v. Derby Industries, Henry State Court

Jan 01, 2015

OUTCOME: Settled

Plaintiff, a truck driver, picked up a load of parts in Tennessee and drove his tractor trailer to the manufacturing facility in Georgia where they would be unloaded. In preparation for backing up to ... the loading dock, he stopped and opened the rear doors to the trailer. As he did so, a large and heavy bundle of shrink wrapped boxes fell out on top of him. He caught the bundle, taking the weight onto his back, and pushed it aside and partially back up into the trailer, injuring his low back in the process. Liability was hotly disputed. Plaintiff contended that it was a sealed load and that the shipper had improperly loaded the cargo and failed to secure it with load locks or straps. The shipper, Derby Industries, contended that it was not a sealed load and that it was the truck driver’s responsibility, under FMCSR § 392.9(b) to assure himself, before driving the truck, that the “cargo is properly distributed and adequately secured.” Those rules do not apply, however, “to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable,” FMCSR § 392.9(b)(4). Because the driver had closed the doors on the trailer and had the opportunity to observe the cargo at the rear of the trailer, Derby contended that the load was not sealed and therefore the § 392.9(b)(4) exception did not apply. Suit was filed in Georgia and the case was settled after mediation.

Personal injury

Arch Chemical Fire Case Settled for Confidential Sums

Jan 10, 2014

OUTCOME: Settled

On June 12, 2011, a fire broke out in the chlorine rework process area of the HTH building at the Arch Chemical plant in Charleston, Tennessee. Arch Chemicals manufactures chlorine products for swimmi ... ng pools, working in close association with Olin Corporation, which is located on the same property. Very quickly heat, chlorine gas and smoke filled the building and were soon boiling out of the roof vents several floor above. Four ironworkers employed by BIS Frucon Industrial Services, who were building a scaffold on the roof of that building, were trapped on the roof above the fire. The men immediately donned their respirators and tried to escape, but the heat, gas and smoke was intense and visibility was very limited. Escape routes were engulfed in heat, gas and smoke. Eventually all of the men were able to escape the roof and get to safety, but three had sustained very serious injuries, including burns, lung damage, and orthopedic injuries due to falling while trying to escape. The fire had spontaneously ignited in HTH chlorine products that were being stored by Arch Chemicals in plastic rework totes. Rapid decomposition caused spontaneous ignition and the fire broke out. Plaintiffs alleged that Arch Chemicals had stored an excessive number of plastic totes in the area which caused the fire and that there was no fire suppression system in place or that it failed to function properly. Arch Chemical and Olin Corporation were supposed to cooperate and coordinate responses in the event of an emergency situation through their Emergency Response Teams, but neither of them sounded an evacuation alarm until it was too late for the Plaintiffs. And to make matter worse, first responders from Bradley County were held up at the gate upon arrival at the plant. Plaintiffs filed suit in Bradly County Circuit Court but the defendants removed the case to Federal Court in Chattanooga, Robert Dan Green, et al v. Arch Chemicals, Inc., Olin Corporation, et al, 1:12-CV-00220, U.S. District Court (E.D. Tenn.). The case presented complex issues concerning the liability of the various defendants, which included both Arch and Olin and Olin’s security contractor, Securitas, as well as exclusive remedy under Tennessee law. It was settled after mediation in January 2014, under a confidentiality agreement that prohibits disclosure of the amount paid to each of the Plaintiffs.

Personal injury

Thomas L. Cates & Erika R. Cates v. Babb Lumber Company, Catoosa Superior Court, 2012-SU-CV-1692.

Oct 16, 2013

OUTCOME: Settled at mediation for $500,000.

On October 12, 2010 the Plaintiff, Tommy Cates, a fuel truck driver for Parman Energy made a routine delivery to Babb Lumber in Ringgold, GA. After making his deliveries to their storage tanks, some ... gas was left over and Babb Lumber wanted the remaining gas pumped into an old 1972 Ford F600 truck they used around the yard to haul shavings from one location to another. The truck was not operated outside the yard, and had no license tag. Plaintiff was outside his truck tending to some levers and valves on the side of the fuel truck, when he was suddenly struck in the back and pushed into the side of the fuel truck. He had been hit by the old Ford truck Babb’s driver was bringing down to be topped off. Fortunately, due to the angle of impact, Cates was not crushed, but he was knocked up against his own truck and then thrown to the side. Babb’s driver claimed that as he approached the fuel truck and tried to bring it to a stop, “the brake went to the floor,” and afterwards, they claimed that the master cylinder was “very low” on brake fluid. They could not say, however, when the brakes had last been serviced, and he did not keep any service records on that truck. It was admitted that they did not run the truck “out on the street because it was dangerous.” The impact injured Plaintiff’s low back and eventually he underwent surgery after months of consevative treatment. He was not able to return to work as a fuel truck driver.

Personal injury

Pierce v. Lookout Property Management, Catoosa Superior Court

Aug 09, 2013

OUTCOME: Settled for Confidential Amount

Severe ankle fracture due to fall on ramp at apartment complex in Ft. Oglethorpe, GA. Plaintiff’s architectural expert testified that ramp violated numerous provisions of both the International Buildi ... ng Code (IBC) and the Georgia Accessibility Code, including that that handrails continue to the bottom of the ramp and then extend at least 12” beyond the bottom of the ramp (IBC2006 1010.8 and 1012.5). The allowable cross slope for a ramp is only 2% (IBC2006 1003.5), but the flared side of the concrete portion of the ramp where Plaintiff turned her ankle had a steep slope of 48 degrees. The concrete portion of the ramp also lacked any edge protection (IBC2006 1010.9.1) and there was a crack between the metal and the concrete which appeared to violate IBC2006 1002. All such ramps are supposed to have a flat landing at the bottom as well, level with the sidewalk (IBC2006 1010.6). There are corresponding provisions of Georgia Accessibility Code 120-3-20-.19 for each of the IBC provisions. Plaintiff contended that what happened to her was exactly what the various Code requirements and standards were designed to prevent – a fall.

Personal injury

Phyllis A. Bradley v. Toys “R” Us – Delaware, Inc.

Mar 07, 2012

OUTCOME: Verdict of $40,651.78 for the Plaintiff

Plaintiff had been struck in the head by a falling stroller at the Toys R Us store on Highway 153 in Chattanooga on September 2, 2008. Toy R Us admitted liablity but contested the nature and extent of ... injury. She suffered from head pain and burning on her head, with electrical like zaps. The medical term for these conditions is posttraumatic injury to the nerve, scalp region which is resulting in the abnormal dysesthesias, paresthesias, with characteristics of complex regional pain syndrome, according to Dr. David Rankine. Hamilton Circuit Court, Chattanooga, TN.

Defective and dangerous products

Beck v. FM Global, et al, Case No. 11VS184780C, Fulton State Court, Atlanta, Georgia

Dec 01, 2011

OUTCOME: Settled for Confidential Amount

A boiler service technician sustained severe head, brain and facial injuries in a boiler explosion at a poultry plant in Gainesville, Georgia on January 14, 2008, The plaintiff was an employee of a boi ... ler service company who was sent to switch fuel supply for the boiler from gas over to fuel oil. The boiler supplied steam for the plant, and they wanted to maintain pressure while the change over to oil took place. Investigation of the explosion by the Georgia Department of Labor determined that the oil supply and return lines had been reversed, causing an excessive accumulation of fuel in the hot boiler as Mr. Beck attempted to fire the burner on oil. The burner had not been fired on oil since a new boiler was installed two years before. Plaintiff contended that the lines had been reversed when the new boiler was installed by another boiler service company, and that the manufacturer of the burner had supplied a defective manifold making it possible to inadvertently reverse the lines at the point of attachment to the burner. The boiler inspection company which had last inspected the boiler prior to the explosion was also named as a defendant.

Insurance

Norma O'Neal v. Nationwide Insurance Co.

Nov 09, 2011

OUTCOME: Verdict for the Plaintiff totaling $784,676.65

Fire Loss case, Circuit Court of Hamilton County, Tennessee. The fire originated in a Christmas tree that Mrs. O’Neal had just put up the night before the fire in December 2009. Nationwide refused to p ... ay, contending that a family member had intentionally set the house on fire. The jury concluded otherwise as Plaintiff’s expert had found a melted plug blade in an electrical receptacle adjacent to the tree that Nationwide’s expert had missed. The evidence suggested an electrical origin due to a short or arcing at the receptacle. The verdict included a bad faith penalty of 18%.

Hubert E. Hamilton III's Legal Cases (18)

Sheila McCurry vs. World Information Systems, LLC, et al. Case File No.: 33-519-III, Cocke Circuit Court

Carter Palmer v. Starlight Logistic Services, Inc., Case No. 2:14-CV-15, U.S. District Court, Eastern District of Tennessee.

Darlene Morgan v. Candace Nanette Charping, 16-SV-055, Bryan State Court, Georgia

Stevens v. Derby Industries, Henry State Court

Arch Chemical Fire Case Settled for Confidential Sums

Thomas L. Cates & Erika R. Cates v. Babb Lumber Company, Catoosa Superior Court, 2012-SU-CV-1692.

Pierce v. Lookout Property Management, Catoosa Superior Court

Phyllis A. Bradley v. Toys “R” Us – Delaware, Inc.

Beck v. FM Global, et al, Case No. 11VS184780C, Fulton State Court, Atlanta, Georgia

Norma O'Neal v. Nationwide Insurance Co.