Daniel Coker Horton & Bell

CHRISTOPHER H. MURRAY - February 2012. Obtained a defense verdict at a bench trial in Baldwin County, Alabama District Court. The defense verdict was for the driver of the rearmost vehicle in a three vehicle accident, where there was a dispute as to which vehicle caused the plaintiff's damanges. The plaintiff failed to prove liability as to either vehicle. Both our client and the co-defendant had judgements entered in their favor.

ROBERT F. STACY, JR., and SHELLY M. DIAZ - February 2012. Circuit Court of Lee County granted Motion to Dismiss in favor of law firm and attorney dismissing various claims based upon allegations of fraud and misconduct by the parties, their attorneys, and their insurers in prior lawsuit and settlement.

GEORGE E.ABDO - January 2012.   Obtained a defense verdict in a three-day jury trial in Lowndes County, Mississippi, in suit against a local water association alleging damages to a building and land due to a land slide allegedly caused by a leak in a water main.

JOHN S. GONZALEZ - December 2011. Administrative Judge ruled that Trucking Company was not responsible to truck driver for disability and needed surgery under the MS Workers' Compensation Act for three claimed injuries to his neck and back. Claim was dismissed when Employer proved that claimant had reported a total of 12 injuries during the course of his employment, all unwitnessed, and was impeached with collateral evidence at hearing after claimant alleged that he had not injured his neck while on vacation the week before his return to work when his final claim of infury was made within 30 minutes of his return. Ruling held that claimant's testimony was without credibility and his need for surgery was due to an intervening event.

EDWARD C. TAYLOR and STEPHANIE G. BEAVER obtained a verdict that their client was not at fault for a collision involving his vehicle and a horse drawn cart, which was operating on a dark highway without lights or reflectors.

TERRY D. LITTLE - November, 2011. Obtained jury verdict in a trip and fall case for a defendant retailer in Tippah County Circuit Court.

WILTON V. BYARS, III and SHELLY M. DIAZ - August, 2011. Obtained summary judgment for Quitman County, Mississippi, in a suit arising out of trip and fall accident at the County Jail. The court found that the plaintiff did not prove a dangerous condition existed and that the defendant was immune under the Mississippi Tort Claims Act because the alleged dangerous condition was open and obvious and, alternatively, the defendant did not have actual or constructive notice of any alleged danger.

BRENDA G. LONG - August, 2011. After the trial court ordered the joinder of an insurer as party in interest to a counterclaim filed by the insured and also ordered the insured to produce four individuals who were out of state employees and agents of the insurer for deposition, a petition for interlocutory appeal was granted. The Mississippi Supreme Court reversed and remanded both issues first holding that once the insurer submitted its Rule 17(a) Ratification the insurer was not a party in interest and the trial court erred in requiring the insured to be made a party, and second that the trial court abused its discretion in ordering that the insured be compelled to produce for deposition in Mississippi four individuals who were not parties to the litigation, not Mississippi residents and not employees of the insured.

ROBERT F. STACY, JR. - July 2011. Obtained summary judgment for national quick serve restaurant chain in Harrison County, Mississippi in a slip and fall case where court determined that warning signs were adequate.

ROY A. SMITH, JR., - July, 2011 - A Summary Judgment previously obtained in the United States District Court, Eastern Division, regarding a bad faith insurance case, was  affirmed on appeal by the Fifth Circuit Court of Appeals.

JOHN S. GONZALEZ - July, 2011. Workers' Compensation Judge denied disability benefits to injured employee when Casino employer proved that the employee had failed to return for work with the Casino or had made timely efforts to find work upon release by treating doctor, and further demonstrated that the manner in which job efforts were made by employee, were neither reasonable nor calculated to lead to employment. Further, testimony showed that Casino notified employee of Casino's willingness to accommodate permanent restriction however such accommodation was ignored by employee.

ROBERT F. STACY, JR. .and SHELLY M. DIAZ, - May 2011. Obtained summary judgment in Circuit Court of Madison County, Mississippi on plaintiffs' claims of defamation and interference with contract against accountant arising out of fraud examination services of a housing authority.

ROBERT F. STACY, JR., May 2011- Obtained arbitration award in favor of automobile dealership on plaintiff's claims of breach of warranty and breach of contract for allegedly rolling back an odometer on a pre-owned vehicle purchased by plaintiff.

TIMOTHY M. PEEPLES - May, 2011. Obtained dismissal of misdemeanor charges brought against a client's employee in Municipal Court in Columbus, Mississippi. the employee was accused of striking the accuser's vehicle with his company vehicle and leaving the scene of the accident.

B. STEVENS HAZARD, JASON H. STRONG and MICHAEL R. KELLY - March, 2011. Obtained summary judgment for defendant agricultural manufacturers in high exposure product liability action where plaintiff alleged combine was defective and caused plaintiff to sustain severe injuries, including bilateral below knee amputations. Court entered summary judgment after excluding plaintiff's engineering expert pursuant to defendants' Daubert motion.

ROY A. SMITH , JR. and STEVEN J. GRIFFIN March, 2011. Obtained summary judgment for the defendant in a premises liability case where the plaintiff alleged there was a dangerous condition in the defendant's parking lot.

ROY A. SMITH, JR.  and STEVEN J. GRIFFIN March, 2011. Obtained summary judgment for Lawrence County, Mississippi, in a suit arising out of an accident involving a washed-out roadway caused by heavy rains. The court found the defendant immune under the Mississippi Tort Claims Act for its discretion in placing warning barricades and because the condition of the road was open and obvious.

GEORGE E. ABDO, III February, 2011.  Obtained summary judgment for Scott County, Mississippi in a suit arising out of a motor vehicle collision between a sheriff's deputy and plaintiffs' vehicle. The court found that plaintiff failed to establish reckless disregard as required by the Mississippi Tort Claims Act.

MICHAEL B. DICKINSON February, 2011. Obtained a declaratory judgment for a local Fire Protection District authorizing fee assessments funding the district in a case where the home owners were claiming the assessment was an illegal tax, and thus, had allegedly collected over $10,000,000 in illegal fees over the years.

ROY A. SMITH, JR. and SANDRA D. BUCHANAN February, 2011.  Obtained a unanimous jury verdict for the defense in a trial held in United States District Court for the Southern District of Mississippi in a case involving misrepresentation and the Magnuson-Moss Warranty Act.

WILTON V. BYARS, III and TIMOTHY M. PEEPLES - February, 2011. Following a two-day bench trial, the United States District Court for the Northern District of Mississippi granted a defense verdict, denying plaintiff any recovery on its $2.4 million claim for damages arising out of the defendant demolition company's alleged negligent removal of large storage racks anchored to the concrete slab floor of a 910,000 square foot warehouse.

MICHAEL B. DICKINSON - February, 2011. Dismissal obtained in Harrison County in favor of a commercial real estate company over a contract. Plaintiff unsuccessfully attempted to pierce the corporate veil.

GEORGE E. ABDO, III January, 2011. Obtained a defense verdict in favor of a volunteer fire department in a bench trial in the County Court of Rankin County, Mississippi. The court found that our volunteer fireman did not act with reckless disregard in causing an accident while responding to a fire call.

B.STEVENS HAZARD and AARON R. EDWARDS - January 2011. Obtained summary judgement for defendants in a premises liability case where plaintiff alleged she was assaulted on the premises of defendants. The Court found plaintiff to be a licensee since she entered into the premises for an illegal purpose.

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