| Name: |
Swimmer27
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| Subject: |
This didn't take long
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Date:
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8/14/2008 11:04:28 AM
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This troubles me on several levels.
URL: Family Sues Over Boating Accident
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| Name: |
Summer Lover
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| Subject: |
This didn't take long
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Date:
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8/14/2008 11:22:45 AM
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Welcome to the circus, I was not expecting it this soon. An indication of our society's ills - drive-thru attorneys.
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| Name: |
RidgeRider
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| Subject: |
there's too much litigation
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Date:
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8/14/2008 11:37:29 AM
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thre's no doubt too much litigation in this country, but none of us knows all the facts here. It's possible there's no insurance policy to cover things. Any insurance policy is case like this well involve both actual damages and pain and suffering.
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| Name: |
MrHodja
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| Subject: |
This didn't take long
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Date:
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8/14/2008 12:10:17 PM
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First of all, I abhor ambulance-chasing attorneys whose only concern is how much insurance money they can swindle out of a hapless defendant. However, looking at this case from the victim's side, this lady is facing a long road to recovery that has already been immensely expensive and the costs will continue to mount. Not only that, she may never fully recover and may be facing a lifetime of disability and constant care.
This lawsuit may be a preemptive move to ensure the responsible party doesn't somehow figure out a way to wiggle out from under that responsibility, and that the lady and her family don't face financial ruin because of his irresponsible action.
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| Name: |
Kizma Anuice
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| Subject: |
whats with the names
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Date:
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8/14/2008 12:31:52 PM
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Tatum’s sister, Sue Gilmore Tatum was injured in the accident.
Sue and her husband Ken are represented by attorney Jere Beasley of Montgomery
Why would she be a Tatum? Do you supose Ken's name is Tatum?
Looks like the paper or Beasley goofed up.
They probably filed early to get in line first. There is probably not enough insurance to cover everybody. Its the quick and the dead.
If you think there is too much litigation in this country, then when you get on a jury always go for a defendant's verdict. If enough people do that it will mess up the system cases will have to be tried multiple times or settled. Lawyers will get sick of it and find a way to make an honest living.
Having said that, I believe that most lawyers make an honest living. I wonder how the system would work if all litigation was handled by govt attorneys who were paid a salary. This would apply to both plaintiff and defendant. Like the DA and the PD.
I suspect that things would get settled more quickly and insurance costs would go down.
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| Name: |
slownez
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| Subject: |
Check your Insurance
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Date:
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8/14/2008 12:38:43 PM
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This would also be a good time for everyone to do an insurance check up to see how much liability coverage you have. Even if alcohol had not been involved, and this was purely a boat on boat accident, your insurance liability coverage will only carry you so far in a law suit. Some policies will allow you to combine your car and boat liability coverage if both policies are with the same company. Once that funding is gone, you can loose everything you own if the policy does not cover the full awarded law suit amount. Check with your agent as I found that you can get a liability umbrella coverage for $1 million for as little at $10 bucks or less a month. Should not have to have it, but these days your best friend may sue you when they get drunk and fall off the end of your pier.
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| Name: |
Landlocked
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| Subject: |
This didn't take long
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Date:
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8/14/2008 1:23:39 PM
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This is unfortunate for the Cumbie family. The Beasley-Allen Group is not your basic drive-through type of place.
Clicky-Clicky
URL: http://www.beasleyallen.com
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| Name: |
Landlocked
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| Subject: |
This didn't take long
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Date:
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8/14/2008 1:23:40 PM
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This is unfortunate for the Cumbie family. The Beasley-Allen Group is not your basic drive-through type of place.
Clicky-Clicky
URL: http://www.beasleyallen.com
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| Name: |
ot
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| Subject: |
whats with the names
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Date:
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8/14/2008 1:27:26 PM
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should have said sister in law.
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| Name: |
Summer Lover
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| Subject: |
This didn't take long
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Date:
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8/14/2008 1:53:03 PM
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It is unfortunate for all of us. The firm appears to have a drive-thru window with ambulance access, and a helipad for those with aerial transport. I do understand that the survivor expenses will be far greater than any normal person would be able to foot, and my sincere condolences go out to all involved. If there is contributory negligence involved, ALL parties should be named in the suit, and/or adjustments should be made. Boating carries an inherent risk; and boating at night, or alcohol use just adds to the risk factor - when it gets dark on Lake Martin, you will find me enjoying a beer at our dock.
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| Name: |
Summer Lover
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| Subject: |
Check your Insurance
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Date:
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8/14/2008 2:00:38 PM
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Not a bad idea, sad but true that this is even needed. Bad thing is a million won't go as far as it used to. I guess if I have a friend fall off the pier - drunk or not - they will just have to turn into "fish structure". :-)
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| Name: |
UncleSam
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| Subject: |
This didn't take long
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Date:
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8/14/2008 3:16:23 PM
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I would say that the misfortune of the Cumbie family pales in comparison to the misfortune of the family that had people killed and injured because one of the Cumbies was drinking and boating at night.
Let's not let the actions of some lawyers make us forget who the real victims are in this incident.
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| Name: |
Council Roc Doc
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| Subject: |
This didn't take long
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Date:
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8/14/2008 3:40:54 PM
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Are you implying that there was contributory negligence on the part of the victims or say, perhaps, on the suppliers of said alcohol if we are to believe what has been reported. These discussions give us all a chance to put our attorney hats on, but I suspect that what has precipitated this early suit has more to do with limited or no funds available rather than greed. What will be interesting is to see whose deep pockets are at risk.
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| Name: |
Summer Lover
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| Subject: |
This didn't take long
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Date:
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8/14/2008 4:24:35 PM
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Agreed with the deep pockets approach, but no, when I say those involved, I mean physically there. Dram shop laws should of course apply, but nothing further. If you or I stop to swim in the channel at night, I would call that contributory. If we are out in the boat and have to take a short break, I will find a slough before I stop - I don't care if there is plenty of light and 10 mile visibility.
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| Name: |
Webmaster
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| Subject: |
Complaint Document
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Date:
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8/14/2008 4:54:47 PM
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The complaint also lists Ficticious Defendent "A" (owner of the runabout) as a defendent. Apparantly there was some question as to the owner of the boat, but I don't know why they could not tell from registration. I guess their logic is a 22 year-old will not have a substantial net worth to go after. See the document link below.
URL: Tatum Complaint Document
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| Name: |
Council Roc Doc
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| Subject: |
This didn't take long
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Date:
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8/14/2008 4:59:54 PM
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A question for the Counsel out there, am I correct that in Alabama, dramshop liability is limited to serving alcohol illegally (minors and known alcoholics e.g.)?
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| Name: |
Julio
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| Subject: |
This didn't take long
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Date:
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8/15/2008 12:30:39 PM
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Rather than bashing lawyers, why don't you people think of what the Tatum family is going through right now. That family is facing an unbelievable tragedy that is still ongoing with Sue Tatum being in critical condition. I guess some of you believe that the Tatum's should deal with insurance companies, thousands of dollars in hospital bills, and untold lost income themselves at the same time they are trying to hold their familly together rather than hiring a lawyer to do it for them. Believe me, the only way any insurance company or any other responsible party is going to get serious about paying that family what is truly owed is if a lawsuit is filed. The Tatum family hired a lawyer so that someone else could handle the mounting financial problems while they try to hold everything together. If that offends some of you, I seriously doubt that Tatum family gives a rip. Let's keep that family in our thoughts and prayers.
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| Name: |
Jim120
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| Subject: |
This didn't take long
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Date:
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8/15/2008 1:48:24 PM
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As long-time-ago lawyer who did NOT specialize in this area: unless the law has changed since back in my day, which is certainly possible, you're not quite right. A "saloonkeeper" is under an obligation to exercise reasonable care to make sure that no patron consumes excessive alcohol to the extent they might cause injury to others. What is reasonable care? It's essentially always a jury question, and as always, it covers the whole waterfront of knowable and observable facts and behavior, but usually what they wind up talking about is how many drinks the patron had and whether they showed any apparent signs of intoxication in the restaurant/bar/whatever. If they ARE a minor or known alcoholic, that could well enter into it, but you can certainly incur liability serving too many drinks to non-alcoholics and people over 21.
Perhaps interestingly, as I recall, when Jere Beasley started practicing law in Montgomery many years ago, he was a deep-in-debt former Lt Governor coming fresh off a wildly expensive and unsuccessful gubernatorial campaign in which he got trounced so badly he permanently swore off elective politics. He had borrowed heavily to make the race -- at least hundreds of thousands. His first big successful plaintiff's case (as I remember it anyhow) was a big verdict against a "dinner theatre" in Montgomery --a "dramshop case" as they call it. I forget the details but all such cases are more or less alike -- someone allegedly got drunk while visiting a place that served liquor and seriously injured or killed someone usually (but not necessarily) while driving a vehicle after leaving the establishment. As I remember it, the case was highly visible and sort of kick-started his post-political career. It involved a really big verdict (there was speculation afterwards about whether the establishment had assets or insurance coverage matching or remotely approaching the size of the verdict, and I don't know the answer to that, but even if not it was a huge PR victory generating lots of headlines).
He is a remarkably skillful trial lawyer and has been a big help to a lot of people who needed it badly. As the old saying goes, "All lawyers are villains, except of course for YOUR lawyer when you need one." (BTW, I was almost exclusively a defense attorney and did try a case against Beasley once.)
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| Name: |
Pontoonfisher
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| Subject: |
This didn't take long
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Date:
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8/15/2008 2:20:08 PM
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Well said Julio!!! I wonder what some of these people on this forum would do if the same thing happened to their family. I guarantee they would hire a lawyer too.
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| Name: |
Swimmer27
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| Subject: |
This didn't take long
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Date:
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8/15/2008 3:12:34 PM
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Hiring a lawyer is one thing, rushing to the couthouse with papers to file is another.
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| Name: |
CindyA
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| Subject: |
This didn't take long
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Date:
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8/15/2008 3:32:55 PM
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you are making a lot of assumptions yourself. Most attorney's are not going to deal with the insurance company when it comes to the benefits a first party is owed.
how many people have been in car accidents where the attorney will handle the injury part of the claim but let the car owner deal with the damage to the vehicle on their own.
they will normally let the family take care of those issues. If you want another reason for the leap to file suit, here is one to consider. The fee structure normally changes once suit is filed. Prior to litigation, the attorney normally takes 33% of any collected proceeds. After litigation commences, they take at least 40% plus their costs...
also, Alabama is a pure contributory negligence state. If the party seeking damages is found to be 1% negligent, they could be barred from recovery.
and finally, I went to this attorney's web page and any firm that seeks parties to join a class action suit are questionable in my mind. The only people that make money off a class action suit is the attorney.
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| Name: |
Samdog
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| Subject: |
This didn't take long
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Date:
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8/15/2008 4:11:26 PM
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True. You should also pray for the family of Leigh Cumbie. This has got to be very hard to endure for them as well.
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| Name: |
8hcap
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| Subject: |
This didn't take long
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Date:
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8/15/2008 5:09:04 PM
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Cindy,
Not taking Beasley's side but you must not be from around here. He has won many very high dollar plaintiff lawsuits over the years. Of course it helps a great deal if he could get the trial in Barbour County. His name struck fear in many corporate defendants.
If I ever needed such a lawyer, and I sure hope I do not, I would certainly have Jere on the short list.
8
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| Name: |
JIM
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| Subject: |
This didn't take long
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Date:
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8/15/2008 5:11:52 PM
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Lord have mercy on our souls,nothing is sacrated on this board. leave the people alone in their grivance..
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| Name: |
CindyA
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| Subject: |
This didn't take long
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Date:
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8/15/2008 6:31:36 PM
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not doubting you in the least. Might be one of the reasons Alabama has been known as one of the *ellholes you do not want want to be if you are a defendant.
Every state has it venues that defendant's dread. There are parts of South Carolina that companies will not open their doors for that very reason.
people think they are helping by giving these over the top verdicts, but in reality they are hurting the county as a whole.
just my opinion.
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| Name: |
Council Roc Doc
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| Subject: |
This didn't take long
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Date:
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8/15/2008 7:55:22 PM
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Jim, I would hope that the families involved would not view this thread as upsetting or in poor taste as I'm sure MANY prayers for both the Tatum's and the Cumbie's have arisen from the good people on this forum as a result of our discussion. However, all of this information has been made public by the Alex City Outlook (with a comment section no less) as well as the Montgomery Advertiser. Even stranger is that the law firm has posted these articles on their own website. I would suspect that they had to get permission to do so from the family knowing that it would stimulate commentary.
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| Name: |
8hcap
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| Subject: |
This didn't take long
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Date:
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8/15/2008 10:49:11 PM
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I agree with whatg you are saying.
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| Name: |
Julio
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| Subject: |
This didn't take long
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Date:
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8/16/2008 12:10:05 PM
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Cindy I don't think the Tatum's hired Beasley because they were worried about the property damage claim to their boat, so I don't really know what your point was in your comparison to lawyers usually allowing familes to handle the property aspect of car wrecks. The Tatums will have untold medical expenses that insurance won't cover and untold lost income. And yes, they will certainly be entitled to receive some compensation for the absolute emotional hell that this tragedy has forced upon them. The sad thing is that under Alabama law, health insurance companies are entitled to recoup all of their costs that they have paid before the family can get a dime (unless they waive it, which they rarely do. Some of you might remembr the Wal-mart fiasco from some months back where it took a national media blitz of shame for Wal-mart to finally release its subrogation rights). As to "rushing to the courthouse", let me ask you this question: Don't you think the family wants any necessary litigation to be over with as soon as possible? Well, the only way to conclude litigation is to get a court date, because no one will get serious about settling until they have a trial date breathing down their neck. Obviously, the quicker you file the lawsuit, the quicker you get that court date that will conclude the litigation. Every competent lawyer in this state will file a lawsuit as soon as possible. If an insurer or other defendant wants to settle before having to respond to the lawsuit they can certainly do so, but the pressure is immediately on the insurer once that lawsuit is filed.
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| Name: |
CindyA
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| Subject: |
This didn't take long
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Date:
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8/16/2008 6:09:19 PM
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Julio, the analogy of the property damage was used because you said that one of the probable reasons for retaining the lawyer and filing suit so soon was to help them with all aspects of the claim. My point was that is simply not always the case. Some plaintiff attorneys will only handle the bodily injury portion of the claim that they can collect a fee from and they will not collect anything from the property damage portion of the claim nor will they collect anything from the medical aspect of the claim.
Suit was filed before the police even finished THEIR investigation.
what they will do, by filing suit, is increase the percentage they can collect. Before suit, normal is 33% and after it goes to probable 40% or higher.
Filing suit does not always speed the process. the discovery process takes time and it seems this type of case will require a lot.
And don't go under the automatic assumption that a carrier is not going to pay. With an accident such as this and depending on the limits available, most carriers would want to get this one over with as soon as possible.
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| Name: |
POLAR
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| Subject: |
HEY!!!!
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Date:
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8/16/2008 6:28:25 PM
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and much money does a 22 year old have, what makes it right to go after his parents?????????? can"t wait for your rationalization of that question
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| Name: |
Jim120
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| Subject: |
HEY!!!!
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Date:
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8/16/2008 9:16:01 PM
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I haven't bothered to read the complaint. If indeed it includes as defendants the parents of the 22-year old who was driving the boat, and if they own the boat, and if as newspaper stories have suggested the young man has some sort of prior issues with impaired vehicle operation, then a claim against the boat owners who gave him permission to drive the boat could be based on a theory of "negligent entrustment." In this case it would be against the parents as boat owners, not as parents per se.
I hasten to add I know nothing about the facts other than what's been in the paper, and it's not my role to look into it. The litigation process will take care of that.
By the way, whatever the contingent fee arrangement may be between the lawyers and their client, I doubt the timing of the filing has anything to do with the fee percentage. Generally speaking, attorneys claims a lower contingent fee where a TRIAL is not necessary, and a larger fee where it is. By TRIAL is meant taking a case into court and trying it to a verdict with all the attendant cost, time (preparation and trial time) and risk. If the case is settled at any point short of a trial and verdict, generally the contingent fee would be less.
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