Weaver v. Garrett & Liberty Mutual Insurance Company, CV 2011-900958

Type of Case: Motor Vehicle Collision & Workers Compensation Facts: Mr. Weaver was injured on the job when his work vehicle was rear-ended on December 30, 2009. He suffered a significant back injury which ultimately required surgery. The permanent physical restrictions related to the surgery prevented him from returning to his pre-accident position with his company. He was able to return to the workforce but at a slightly lower pay rate. Mark Wolfe of Boteler, Finley & Wolfe handled the workers compensation claim, and the related liability claim and the underinsured motorist claim for Mr. Weaver. After the lawsuit was filed, the parties reached a settlement of $400,000.00 on the liability and underinsured motorist claims. The workers compensation claim was also resolved and included a recovery for Mr. Weaver for future vocational re-training benefits.

F&S Marine LLC v. Indemnity Insurance Company of NA, et al , et al. CV 2009-900715

This insurance case involved a significant loss claim for F&S Marine LLC (F&S) at a shipyard job site in South Carolina. F&S submitted the claim for the loss and it was denied because the insurance company claimed F&S was not covered for the loss. Mark Wolfe of BF&W was retained by F&S to investigate and prosecute this matter. Pre-litigation attempts at resolution were not successful and a lawsuit was filed. Shortly after filing the lawsuit, a confidential settlement was reached in the matter.

Gradford v. Nicholas Concrete

Type of Case: Personal Injury & Workers Compensation Facts: Mark Wolfe took over the appeal of this case after a jury returned a verdict in favor of the Defendant. (The lawyer who had represented the vicim at trial did not want to file an appeal.) The case was reversed and remanded by the Alabama Supreme Court based upon an incorrect jury charge and was settled in mediation for $220,000.00 in advance of the new trial.  Read the full opinion here.

Simmons v. Colonial Life & Accident Ins. Co., et al.

Type of Case: Wrongful Denial of Insurance Benefits Facts: This fraud/bad-faith lawsuit concerned the sale of a long-term disability rider and a subsequent denial of benefits under that rider. The morning before trial a confidential settlement was reached and the Defendant asked that all corporate depositions and all documents, training manuals, claims manuals, coding charts and operating flow charts be returned. Mark Wolfe of Boteler, Finley & Wolfe and Pat Sigler, Esq.  represented the victim in the lawsuit.

Voivedich v. Douglas CV 01-1630

Type of Case: Motor Vehicle Collision Facts: This case involved a motorcycle collision with a small farm tractor. The accident happened when Mr. Voivedich ran his motorcycle into the back of a small farm tractor being operated by the Defendant on a rural Mobile County road. Mr. Voivedich received extensive injuries including the loss of part of his right foot. There was a dispute as to the lighting conditions at the time of the accident. The tractor was being operated without any lights or reflective warning devices but the Defendant contended that it was dusk and there was enough light that Mr. Voivedich should have seen the tractor. Mr. Voivedich stated it was dark at the time of the accident and his testimony was later verified by an independent witness. The case then settled for the full policy limits of the Defendant, $301,000.00. Mark Wolfe handled the case for the firm.

Estate of Nancy Brown v. **** Nursing Home, et al. CV 00-0052

Type of Case: Wrongful Death-Neglect Facts: This case involved an allegation of neglect which caused the death of 89 year old Nancy Brown. After about two weeks at the facility, Ms. Brown was rushed to a local emergency room where she was diagnosed as being severely dehydrated. She died a few days later from complications of the dehydration. A wrongful death lawsuit was filed by Mark Wolfe  of Boteler, Finley & Wolfe on behalf of the Estate and after a year and a half of litigation, a confidential settlement was reached.

Lockwood v. Hicks and Nationwide Ins. Co., CV 05-4256

Type of Case: Motor Vehicle Collision & Workers Compensation Facts: At about 6:30 am on April 18, 2005 the Defendant lost control of is car. His car went off the roadway at over 50 miles per hour and across an apartment complex parking lot. The car hit a van parked in front of the Plaintiff’s apartment. The force of the impact launched the van into the Plaintiff’s apartment where the Plaintiff was sitting on his living room sofa having a cup of coffee and checking his morning office e-mail on his laptop. The van partially landed on the Plaintiff shattering his collar bone and severely injuring his foot as well has hurting his back and neck. The Defendant claimed he blacked out because of a sudden medical emergency, which is a defense to a claim of negligence under Alabama law. During the discovery phase of the lawsuit, it was determined that the Defendant’s “black-out” was caused by his misuse of medications.  Mark Wolfe represented the victim in his liability case as well as his workers’ compensation case.  A policy limits settlement was reached in the liability case and the victim received a Permanent Total Disability award on the workers compensation claim.

Butler, et al. v. The Catholic Archdiocese of Mobile, et al. CV-03-2912.

Type of Case: Clergy Abuse Facts: Mark Wolfe  of Boteler, Finley & Wolfe represented four Plaintiffs who were sexually abused by a clergyman while they were students at a local Catholic high school from 1990 through 1995. The Complaint alleged that the church knew, or should have known, of the abusive behavior of the clergyman before the victims were abused and failed to take reasonable steps and procedures to remove the clergyman from his role as a counselor at the school. The church denied the Plaintiffs’ allegations and moved to dismiss the Complaint on the grounds that the Plaintiffs’ claims were barred by the Statute of Limitations. A settlement of the case was reached prior to oral arguments on the Motion to Dismiss and, at the Plaintiffs’ request, the settlement amount was confidential.

Westbrook, et al v. Jones, CV-00-1173

Type of Case: Wrongful Death-Motor Vehicle Collision Facts: This tragic accident occurred on June 20, 1999 in Mobile County, Alabama when a drunk driver ran a red light at a high speed and crashed into a van occupied by the Westbrook family and friends as they were returning from a trip to Disney World. Four year old Joia White was killed in the accident and her grandfather, Elmore Westbrook, Jr. died about two weeks later from complications of his injuries. Because there was limited insurance coverage available, Mark Wolfe did not charge a fee for his services. A 2.5 million dollar judgment was obtained against the drunk driver for the victims and their families.

Holmes v. Progressive Halcyon Insurance Company, U.S. Federal District Court No.1:07-487

Type of Case: Motor Vehicle Collision  Facts: On July 29, 2005 Dewana Holmes of Mobile was driving in Montgomery. As she was stopped in traffic her vehicle was rear-ended by another driver. At first, she did not think she was injured bad enough to require a trip to the emergency room. However, after a few days the pain complaints in her lower back had gotten worse and she sought follow up care from her family doctor in Saraland. This began a long and arduous course of care and treatment which ultimately required surgery for a herniated disk in her lower back. The surgery did not fully relieve her pain complaints and she ultimately had to stop her work as an insurance billing clerk for an area dentist. The insurance company for the at-fault driver eventually paid the limits of their liability insurance coverage, but that amount was inadequate to compensate Dewana for the totality of her injuries. Because of this she filed a lawsuit against her own automobile insurance carrier (Progressive)for underinsured motorist benefits. Progressive vigorously denied her claim for benefits and aggressively defended the case. At trial, the Progressive attorney told the jury that Dewana and her husband were trying to “put one over” on their insurance company. The jurors did not believe that and after only 30 minutes of deliberation they returned a verdict for Dewana in the amount of $205,721.07 which was the exact amount requested by BF&W attorney Mark Wolfe in his closing argument.