Madison County

(25) DERRICK SHELBY vs. TURNER BEVERAGE CO., INC. (Circuit Court of Madison County, Alabama)

County/Docket #/Judge: Madison / 47-CV-2018-900036 / D. Alan Mann

Plaintiff(s) Attorney(s): Allwin E. Horn, IV, of Allwin E. Horn, IV, P.C., Birmingham, AL

Defendant(s) Attorney(s): Frederick L. Fohrell and Britni T. Garcia of Wilmer & Lee, P.A., Huntsville, AL

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

Cause Of Injury: Workers’ Compensation/Right Wrist Injury/Disputed Neck and Shoulder Injuries. On Jan. 5, 2018, plaintiff Derrick Shelby filed a workers’ compensation against his employer, defendant Turner Beverage Co., Inc., alleging that on Jan. 13, 2016, he was hit by a forklift being operated by a co-worker. According to the parties’ petition for settlement, plaintiff injured his right wrist in the incident. About 15 months after the incident, plaintiff complained of neck and shoulder pain that he claimed was related to the January 2016 accident. Defendant disclaimed responsibility for the neck and shoulder injuries.

Plaintiff’s average weekly earnings at the time of the incident were $497.09. Defendant paid $11,341.24 in medical benefits. Plaintiff reached maximum medical improvement on Oct. 30, 2017, and received a zero percent impairment rating.

In July 2017, plaintiff suffered an on-the-job injury to his neck, which the parties addressed in a separate settlement.

Nature Of Injury: Right wrist, shoulder, and neck injuries.

Expert Witnesses: n/a

Settlement: $20,000 on Sept. 4, 2018.

Editor’s Note: The court found that defendant had no responsibility for plaintiff’s cervical complaints in relation to the January 2016 accident. Plaintiff was 54 at the time of the settlement.