Luther, Collier, Hodges & Cash, LLP – Attorneys at Law

DON’T BLAME ME, I ANSWERED THE COMPLAINT Travelers Home and Marine Insurance Company v. Dianne Gray and Martin Gray UM carrier not liable for damages assessed in default judgment filed against tortfeasor. In Gray, plaintiffs Dianne and Martin Gray filed an action against Lawana Coker and Travelers Insurance following a motor vehicle accident involving Dianne and […]

FLORIDA DRIVERS:  PUT THE PHONE DOWN OR PRODUCE IT DURING LITIGATION. A Properly-Limited Expert Examination of a Cellphone Does Not Violate the Florida Constitution or the Florida Rules of Civil Procedure Antico v. Sindt Trucking, Inc., et al. Florida’s First District Court of Appeals allows a defendant’s expert to examine the smart phone of a […]

Entergy Mississippi, Inc. v. Acey, (Supreme Court of Mississippi, No. 2013-IA-01291-SCT, October 23, 2014). Mother unable to recover as bystander when not present at the time of daughter’s accident. In Entergy v. Acey, a minor was electrocuted when she climbed on top of a cotton picker parked underneath a sagging power line.  The minor’s mother […]

Contracting Parties Cannot Have Their Cake And Eat It Too… America’s Home Place, Inc. v. Rampey Supreme Court of Alabama rules that a party cannot sue under a contract while repudiating the arbitration provision found therein based solely on allegations of forgery relative to the arbitration provision. Defendant appealed an order from the trial court […]

Mechanic’s Trip To Parts Store Costs Business An Arm And A Leg.   Cheeks v. Autozone, Inc., (Supreme Court of Mississippi; No. 2013-CA-00401-SCT; September 25, 2014). Business owner liable to invitee struck by vehicle when entering store In Cheeks v. Autozone, Inc., the plaintiff was struck by a vehicle while entering an AutoZone. The AutoZone […]

A Statutory Employer Has No Obligation to Notify Its Carrier of an Injury and Cannot Be Estopped from Asserting Workers’ Compensation Immunity VMS, Inc. v. Alfonso, 39 Fla. L. Weekly D2049a (Fla. 3d DCA 2014) The Third DCA recently upheld a contractor’s right to workers’ compensation immunity even when the Plaintiff failed to seek benefits […]

She Thinks My Tractor’s Defective Alabama Supreme Court rules in favor of tractor company on appeal of judgment in favor of Plaintiff as to negligent failure to warn claims Yanmar America Corporation v. Randy Nichols Alabama Supreme Court finds that tractor company did not breach a duty to warn where that duty was assumed voluntarily […]

Trip hazard teaches Mississippi school district a lesson on the limits of government immunity  School district held liable for trip and fall caused by unrepaired raised electrical conduit. Natchez-Adams School District v. Bruce, (Court of Appeals of Mississippi; No. 2012-CA-00147-COA; September 9, 2014). In Natchez v. Bruce, the plaintiff, Tina Bruce tripped over a conduit […]

Third DCA Rules that New Parties May Not Serve Proposals for Settlement until Ninety Days after Being Joined to the Lawsuit Design Home Remodeling Corp. v. Santana, et al., 39 Fla. L. Weekly D1862A (Fla. 3d DCA 2014). Sixty days after Plaintiffs, Rene Santana and Maritza Torres, filed an amended complaint alleging premises liability against […]

Appealing a punitive damage award after intentionally defrauding another? Court says don’t waste your breath… Court focuses on reprehensibility of Defendants’ conduct in affirming a punitive damage award that was three times greater than the compensatory damage award.