Montgomery County

(27) JASON POOL and AMANDA POOL vs. EARTHGRAINS BAKING COMPANIES, INC.; SARA LEE CORPORATION; JOSEPH THOMAS WILLIAMS; and WS NEWELL, INC. (Circuit Court of Montgomery County, Alabama)

County/Docket #/Judge: Montgomery / CV-2010-900573 / Charles Price

Plaintiff(s) Attorney(s): J. Cole Portis of Beasley, Allen, et al., P.C., Montgomery, AL

Defendant(s) Attorney(s): R. Boyd Miller and Benjamen T. Rowe of Cabaniss, Johnston, et al., LLP, Mobile, AL for Earthgrains, Sara Lee, and Williams; Michael M. Eley of Webb & Eley, P.C., Montgomery, AL

Age/Sex/Occupation Of Plaintiff: n/a / M / Road construction

Cause Of Injury: Negligence/Worker’s Compensation/Road Worker Struck by Bread Truck. Plaintiff Jason Pool claimed that on Dec. 10, 2009, he was an employee of defendant WS Newell working on a road construction crew. Defendant Joseph Thomas Williams, operating a bread truck owned by defendants Earthgrains Baking Company and Sara Lee Corporation in the scope of his employment, collided with the rear end of plaintiff’s work vehicle, which in turn struck plaintiff who was outside the vehicle. Plaintiff claimed his work vehicle was parked with lights flashing to alert oncoming traffic. Plaintiff allegedly sustained serious crush injuries to both legs, necessitating an amputation of one. Plaintiff filed negligence claims against Williams and his employers and a worker’s compensation claim against WS Newell. Plaintiff’s wife Amanda Pool sought compensation for loss of consortium.

Nature Of Injury: Personal injuries including crush injuries to both legs and an above-knee amputation; injuries to ribs, lungs, nose.

Expert Witnesses: n/a

Settlement: $100,000 on Aug. 9, 2011 (worker’s compensation claim against WS Newell only).

Editor's Note: As part of the settlement agreement, Earthgrains and Sara Lee agreed to repay $100,000 to WS Newell. Earthgrains and Sara Lee also agreed to purchase an annuity at a cost not to exceed $465,000 for plaintiff’s future medical care. In exchange, WS Newell waived any subrogation claims against those parties. The settlement with WS Newell only released WS Newell and did not affect plaintiff’s ability to proceed with his claims against Earthgrains, Sara Lee, and Williams.