Mobile County

(21) RONALD WESTBROOK vs. CITY OF MOBILE and MOBILE AREA WATER AND SEWER SYSTEM (Circuit Court of Mobile County, Alabama)

County/Docket #/Judge:
Mobile / 02-CV-2016-901249 / James T. Patterson

Plaintiff(s) Attorney(s): James J. Dailey, Mobile, AL

Defendant(s) Attorney(s): Michael M. Linder, Jr., and K. Paul Carbo, Jr., of The Atchison Firm, P.C.., Mobile, AL

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

Cause Of Injury: Negligence/Premises Liability/Burst Sewer Lines Causing Collapse of Pavement and Car to be Driven into Hole. On June 16, 2016, plaintiff Ronald Westbrook brought suit against defendants City of Mobile and Mobile Area Water and Sewer System.  He alleged that defendants’ negligence caused sewer lines to burst, which in turn caused a section of the pavement on St. Louis Street in Mobile, AL, to collapse and plaintiff to drive his motor vehicle into a hole.

In a motion for summary judgment filed on Jan. 24, 2018, defendants stated that one tire of plaintiff’s vehicle had run into a pothole or sinkhole near the intersection of St. Louis and Washington Streets in downtown Mobile. Defendants claimed that the pothole or sinkhole had no connection with their actions or inactions.

After granting partial summary judgment to defendants on Feb. 16, 2018, as to plaintiff’s claims for wantonness and for negligently designing, constructing, installing, and hiring, the court held a bench trial on the remainder of plaintiff’s claims.

Nature Of Injury: Personal injuries.

Expert Witnesses: n/a

Judgment: $101,926.36 for Plaintiff on March 8, 2018 (including $1,926.36 in costs).