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JERE BEASLEY REPORT December 2018 I

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JERE BEASLEY REPORT December 2018 I JERE BEASLEY REPORT December 2018 I. network and build relationships for THE SADIE GRACE ANDREWS LAW everyone’s success. This year’s event CAPITOL offered fresh insights for the A new law requiring all restaurants and Alabama legal community with a commercial food establishments to have OBSERVATIONS focus on case and trial preparation safety features on their accessible outdoor and legal marketing tips for private grease traps to prevent injury or death is practice lawyers. now in effect. Food service establishments BEASLEY ALLEN LEGAL CONFERENCE that do not comply face daily mone- I discussed in a question and answer tary fines. Beasley Allen held its 12th annual Legal setting the important role lawyers play in The law, called the Sadie Grace Andrews Conference & Expo at the Renaissance improving society and protecting consum- Act, is named for the 3-year-old daughter of Montgomery Hotel & Spa at the Conven- ers. Special guest speakers included the Corrie and Tracy Andrews, of Auburn, tion Center last month. More than 1,600 Honorable Keith Watkins, Chief Judge, Alabama, who died October 2017 after Alabama lawyers in private practice regis- Middle District of Alabama; Retirement falling into a grease trap located in a grassy tered for the event. These lawyers learned Systems of Alabama CEO Dr. David picnic area outside Bruster’s Real Ice about cases our lawyers have successfully Bronner; and Alabama State Bar General Cream in Auburn. As Sadie Grace ran litigated over the past year. In addition Counsel Roman Shaul. across the grass, she stepped on the cover- there were presentations on a number of Attendees also visited with more than 20 ing of a hidden grease trap and fell into the emerging legal issues. The event also fea- of the nation’s top legal service providers 6-foot-deep, inground grease-filled pit. The tured a step-by-step explanation of the along with this year’s platinum sponsors, firm’s talc litigation against Johnson & Jackson Thornton Valuation and Litigation Johnson on behalf of women who develop Consulting Group, Physician Life Care IN THIS ISSUE Planning, Freedom Reporting, Inc., and ovarian cancer after using the company’s I. Capitol Observations ...............2 talc products. Baker Reporting. Representatives from other legal and community groups, includ- The trial-track presentation of an actual II. Automobile News Of Note ...........3 talc case helps reinforce takeaways for ing the Alabama State Bar and the Alabama conference participants. Last year, attend- Association for Justice, were on hand to III. Opioid Litigation ..................5 ees were taken through the steps of pre- offer attendees information about how paring for and litigating a products liability their organizations assist Alabama lawyers. IV. The Talc Litigation .................6 case that resulted in a severe disabling Dawn Hathcock, Vice President, Desti- injury. Beasley Allen lawyer Leigh O’Dell, nation & Brand Development for the Mont- V. Purely Political News & Views ........7 who is helping lead the talc litigation for gomery Area Chamber of Commerce had the firm’s Mass Torts Section, had this to say about the conference: VI. Court Watch ......................7 this to say: It is an honor to once again welcome VII. The National Scene ................8 The success of the 2017 case review lawyers from across Alabama to reinforced the notion that attorneys Montgomery for the Beasley Allen VIII. Whistleblower Litigation ...........10 Legal Conference. The Beasley Allen want real-world examples to take IX. Product Liability Update ...........12 with them. We are excited to bring Legal Conference entertains around 1,500 lawyers from all over the state the latest in mass torts litigation to X. Mass Torts Update ................14 our attendees and do not take lightly and each guest has an opportunity the opportunity to serve as a to see what Montgomery has to offer XI. Premises Liability Update ...........17 resource for our colleagues across as a destination, translating into the state in this area of litigation as return visits for vacations, events or XII. Workplace Hazards ...............17 well as the others we addressed additional meetings. An added this week. benefit of the state’s largest legal con- XIII. Transportation Litigation ...........18 ference being held in Montgomery is The November event is the largest of its that it provides a huge economic XIV. Toxic Tort Litigation Concerns .......20 kind in the state and one of the top five impact in the River Region estimated legal conferences in the country. It offered to be roughly a million dollars. XV. Update On Nursing Home Litigation ..22 eight hours of free Continuing Legal Edu- cation (CLE) credit certified by the I wish all American citizens could have XVI. An Update On Class Action Litigation ..22 Alabama State Bar. As with years past, the heard Judge Watkins discuss the impor- XVII. The Consumer Corner .............25 conference topics emphasized emerging tance of the rule of law in our country. He did a tremendous job. Dr. Bronner dis- areas of litigation and practice areas that XVIII. Cases Being Litigated in are crucial to trial lawyers’ success in cussed our country’s economic future and Beasley Allen Sections .............26 obtaining justice for their clients. Practice as usual he gave great insight into what we are facing. We were truly blessed to have areas include Product Liability, Business XIX. Recalls Update ...................31 Litigation, Consumer Fraud, Toxic Torts, had these two “giants” on the program. and Medical Device and Drug litigation, as We look forward to next year’s confer- XX. Firm Activities ...................34 well as Legal Ethics. Beasley Allen lawyer ence. Each year I learn a great deal about Gibson Vance had this to say: “how to be a trial lawyer” and hopefully XXI. Special Recognitions ..............36 others feel the same way. I also want to We are excited to extend the opportu- thank all of the lawyers and employees XXII. Favorite Bible Verses ..............37 nity for fellow Alabama attorneys who played a role in making this confer- another year. It is important to not ence the best one so far. XXIII. Closing Observations ..............38 only share experiences but also XXIV. Parting Words ...................39 2 BeasleyAllen.com cover flipped back on top of the opening, The law went into effect June 1, 2018, FLORIDA MAN SUES TESLA OVER INJURIES concealing her body inside the trap. After but all restaurants and commercial food SUSTAINED IN AUTOPILOT CRASH a thorough search, her father discovered establishments had until Dec. 1, 2018 to be the pit’s overturned cover and found her in compliance. A Florida man who suffered severe spine body inside. Resuscitation efforts were Sources: Montgomery Advertiser, AL.com, Auburn and brain injuries when his Tesla Model S unsuccessful. Plainsman and OA News car crashed into a disabled vehicle at Senator Tom Whatley and Representa- highway speeds is suing the electric car tive Joe Lovvorn, both of Auburn, spon- maker. It’s alleged that the car’s autopilot sored the bill to require food feature lulls drivers into a false sense establishments to have a lock or security II. of security. mechanism and be heavy enough to Shawn Hudson, a resident of Winter prevent accidental opening or intrusion. In AUTOMOBILE Park, Florida, alleges in his lawsuit that April, with the Andrews family standing NEWS OF NOTE Tesla misleads its customers into thinking beside her, Governor Kay Ivey signed the they can rely on the autopilot system with bill into law. minimal driver input. It’s alleged: Grease traps are used by many food service establishments to collect used YOUNG BOY BURNED TO DEATH IN CAR CRASH Through a pervasive national mar- grease and solids products during cooking. keting campaign and a purposefully The mother of a teenager who burned to They are inspected by the city to ensure manipulative sales pitch, Tesla has death in a fiery car wreck in 2016 has filed that they are regularly emptied in order to duped consumers … into believing a wrongful death lawsuit against General prevent clogs in the city’s wastewater that the autopilot system it offers Motors (GM), saying the car was defective. system. Now the traps will also be checked with Tesla vehicles at additional cost Anthony Dunlap was killed after the 2006 to ensure restaurants are following the can safely transport passengers at Chevrolet Impala he was driving hit a curb new safety standards established by the highway speeds with minimal input and the base of a traffic sign before over- Sadie Grace Andrews Act. Among these and oversight from those passengers. turning and catching on fire. He burned to provisions are: death in the car. The suit, filed in Jackson At first skeptical of the Tesla dealership’s • All restaurants and commercial food County Circuit Court by Terri Dunlap, the claims that the car could essentially drive establishments that have accessible mother, alleges that the car was defectively itself, Mr. Hudson says he was convinced outdoor grease traps must have lids that designed and manufactured. of the car’s autonomous and crash-avoid- can withstand loads from traffic and are It was further alleged in the suit that ance capabilities after driving a loaner car inaccessible to children; those defects, “created a high probability the dealership provided to him one that in the event of a crash that flammable weekend. He paid $5,000 for the autopi- • The manhole covers on the grease traps materials from the engine compartment lot upgrade. must be constructed of materials that would spread to the passenger compart- Mr. Hudson was driving on Oct. 12 on will hold up to heavy traffic AND be ment causing death or injury, or in the the Florida Turnpike when, without stop- locked, bolted, heavy enough or other- alternative such spread would happen ping or slowing down, his Tesla Model S wise secured to prevent unauthor- much faster eliminating or reducing the slammed into a broken-down Ford Fiesta in ized access; chance of occupants to escape before the left lane.
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