Estate of Brian Nelson v. James D. Nall Company, Inc., d/b/a Aqua-Air Manufacturing,, Mobile County Circuit Court Case Number: CV 2012-900095

Type of Case: Wrongful Death-Products Liability & Workers’ Compensation: Facts: On October 17, 2011, Brian Nelson was electrocuted to death while servicing an air-conditioning unit. Mr. Nelson was a maintenance engineer for a local hotel and the air-conditioning unit had been recently purchased and installed in one of the hotel rooms. This was part of an ongoing project to replace all of the air-conditioning units at the hotel. When a hotel guest called to complain about the air-conditioning in her room not working properly, Brian responded to the call. He had opened the access area to the unit and was attempting to hit the re-set button for the unit when he became engaged in the electrified unit. He left behind a wife and three children. The family retained Mark Wolfe and Karlos Finley of Boteler, Finley & Wolfe to investigate and prosecute their claims for Brian’s wrongful death. Mark and Karlos immediately sent out extensive preservation of evidence letters to the hotel and the numerous companies involved in the air-conditioning replacement project. They also retained the expert services of John Worsham, P.E., of Engineering Design & Testing to help determine the reason for this terrible tragedy. Through the litigation process they were able to secure the unit in issue for extensive testing by Mr. Worsham. His testing and assistance revealed various deficiencies in the design, assembly and installation of the unit that combined to allow the electrified unit to be put into operation in the hotel room. Through their legal work, Mark and Karlos were able to show how and why each one of these deficiencies or defects occurred or was not caught through the installation safety testing protocol. A settlement was reached in this matter and at the family’s request, the settlement amount is subject to a mutual non-disclosure agreement.