VERDICTS AND SETTLEMENTS
$114 MILLION JURY VERDICT for electrical burns and double arm amputations due to a defective aerial lift device used by an electrical lineman while working on power lines.(Aultman vs. (Hi-Ranger) Terex-Telelect, Inc.Circuit Court of Hale County, Alabama)
$381 MILLION Jury Verdict against E.I. DuPont chemical company found negligent in creating a 112-acre zinc waste site in Spelter, West Virginia, and putting area residents at risk of cancer, heart disease, and lead poisoning. DuPont was ordered to pay for property remediation and provide medical monitoring for community residents. This was the fifth largest verdict in the country in 2007 and the largest civil plaintiff verdict in 2007. (Perrine v. E.I. DuPont De Nemours & Co., Harrison County, West Virginia Circuit Court)
$700 million settlement on behalf of individuals receiving property damage and personal injuries from exposure to the chemical PCB after the chemical migrated offsite from a chemical plant. (Tolbert v. Monsanto Co., et al.,United States District Court for the Northern District of Alabama)
OVER $200 MILLION in added shareholder value recovered in a shareholder derivative and breach of contract suit on behalf of a speedway corporation’s shareholders against NASCAR. The plaintiff claimed that NASCAR had conspired with its sister corporation to illegally restrain trade.(Ferko, Francis v. NASCAR, et al.)
$11.9 MILLION JURY VERDICT against a manufacturer of an aerial lift device for failure to adequately warn of the electrocution hazards of the product and cover exposed metal on the boom tip of the lift truck.
$7.5 MILLION SETTLEMENT for the family of a three year old child who was killed when the Weed Wizard cutting link adaptor of a gasoline powered weed trimmer broke free, allowing the metal piece to become a bullet-like projectile. As a result of this case the Consumer Product Safety Commission banned this product.
$25 MILLION JURY VERDICT against a drunk driver and a bar for the wrongful death of a jogger struck and killed by the drunk driver. This case was a dram shop action against the bar that served the drunk driver and against the driver whose blood alcohol level was more than twice the legal limit. (Estate of Brian Dowling and July Dowling v Anthony Harp, Froggie, Inc. d/b/a Toy Box Too; USF&G, Inc., et al)
Namislo v. Akzo Chemicals, Inc., 620 So.2d 573 (Ala. 1993), MobileCountyCircuit. While pregnant, the child’s mother had been exposed to mercury at her workplace. In a tort action brought by the child against the company, lawyers argued that the company was responsible for injuries sustained by the child as a result of the mother’s exposure–injuries allegedly caused while the child was in utero. The company sought dismissal, claiming that the child’s action was based on the mother’s personal workplace injury and therefore barred by theAlabama workers’ compensation statute. The Alabama Supreme Court disagreed. It found that the child’s claims were not subsumed by the mother’s, but were instead based on an independent fetal harm. Since the fetus could not be considered an “employee” within the meaning of the workers’ compensation statute, the child’s suit was permitted to go.
Long v. Courtaulds Fibers, Circuit Court of Mobile County (2000) The Longs brought a lawsuit against Courtaulds Fibers claiming that pollution from its manufacturing facility was causing serious health problems for their livestock and diminished the value of their property. The jury awarded the plaintiffs $1 million in damages.
William Lovelace and Elizabeth Lovelace, etc. v. Fleetwood Homes of Mississippi, Inc., et al., CV 98-107, Circuit Court of Lauderdale County,Alabama (2000). A confidential settlement for the family of a minor child who was exposed to unreasonably dangerous levels of lead leaching from foreign-made mini-blinds.
The Cochran Firm played an integral role in helping thousands of qualified claimants receive compensation in the Vioxx mass tort litigation settlement with Merck & Co., Inc. In 2007, after five years of intricate and complicated litigation, Merck agreed to pay $4.85 billion. This was the largest pharmaceutical settlement in history.
In addition to being seasoned trial attorneys, The Cochran Firm attorneys have extensive experience as appellate advocates. The following is a representative sample of their appellate practice:
University of South Alabama v. The American Tobacco Company, et al., 168 F.3d 405 (11th Cir. 1999).Attorneys: Christopher E. Peters, Angela J. Mason
Walker v. GuideOne Specialty Mut. Ins. Co., 834 So.2d 769 (Ala. 2002). Attorney: J. Farrest Taylor. This case was featured as the “Decision of the Week” by the National Law Journal in May, 2002.
Freeman v. Case Corp., 118 F.3d 1011 (4th Cir. 1997). Attorney: J. Farrest Taylor
Perrine, et al., v. E.I. DuPont de Nemours and Company, et al., Case Nos. 34333, 34334, 34335, Supreme Court of Appeals of West Virginia, Mar. 26, 2010. Attorney: J. Farrest Taylor