Morgan County

MORGAN COUNTY

 

(45) JEREMY STEWART and ERICA STEWART, individually and as next friend of their minor children MACKENZY STEWART and TUCKER STEWART vs. TONY MOORE; BUICK-GMC TRUCKS, INC.; TONY MOORE IMPORTS, INC.; TIFFANY R. HOLLAND; and PROGRESSIVE SPECIALTY INSURANCE CO.

 

County/Docket #/Judge: Morgan / CV-08-900351 / Steven E. Haddock

 

Plaintiff(s) Attorney(s): Kenneth B. Cole, Jr., and Jeremiah M. Hodges of Cole & Hodges, P.C. Huntsville

 

Defendant(s) Attorney(s): Andrew J. Moak of Gaines, Wolter & Kinney, P.C., Birmingham, for Tiffany Holland; R. Larry Bradford of Bradford & Sears, P.C., Birmingham, for Progressive Specialty; Robert V. Wood, Jr., of  Wilmer & Lee, P.A. Huntsville, for Tony Moore, Inc.

 

Age/Sex/Occupation Of Plaintiff: Jeremy Stewart: 28 / M / Delivery driver for U.S. Postal Service

 

Cause Of Injury: Motor Vehicle Accident/Intersection Collision. Plaintiffs alleged that on February 16, 2008, at 8:58 a.m., at the intersection of 6th Avenue and Church Street in Decatur, Defendant Tiffany Holland ran a red light, negligently causing a collision with Plaintiff Jeremy Stewart’s Postal Service van.

 

Defendant Holland alleged that she had the green light and that Plaintiff Jeremy Stewart was contributorily negligent. She further alleged that she was not in the course and scope of her employment with the Tony Moore, Inc. Defendants at the time of the collision. The Tony Moore, Inc. Defendants alleged that Defendant Holland was not in the course and scope of her employment at the time of the collision and that the minor Plaintiffs did not have standing to bring a loss of consortium claim because this was not a death case.

 

Nature Of Injury: Traumatic brain injury.

 

Expert Witnesses: n/a

 

Settlement: $120,000 for the Plaintiff on June 23, 2009.

 

Plaintiff's Attorney's Comments: The case settled for Defendant Holland's policy limits of $20,000 plus Progressive's UM policy limits of $100,000. There was no evidence to substantiate that Defendant Holland was in the course and scope of employment at the time of the collision. The workers’ compensation lien of the U.S. Postal Service was in the amount of $114,467.77 and was settled for $3,731.33.