Case Results

McKoon and Gamble Obtain Summary Judgment

McKoon and Gamble obtain summary judgment for their client, the City of Phenix City, Alabama, in the United States District Court of the Middle District of Alabama. The court issued summary judgment in favor of the city on the the plaintiff’s § 1983 and § 1985 claims and remanded the remaining state law claims to state court. The plaintiff’s cliams arose from an incident where two former law enforcement officers were found guilty of using excessive force against the plaintiff. A third law enforcement officer was at the scene, but did not participate in the use of force. As to the Section 1985 claim, the court determined that there was no evidence that the officers engaged in a conspiracy and that the plaintiff’s status as a fugitive was not immutable and therefore not within a protected class. As to the plaintiff’s Section 1983 claim, the court determined that liability could not be found on behalf of the Phenix City because the city’s officer did not exercise any authority either purported or actual.

Harrington v. City of Phenix City, Alabama, 2012 WL 5287057 (M.D. Ala. 2012)

McKoon and Gamble Obtain Summary Judgment

McKoon and Gamble obtain summary judgment for their client, the City of Phenix City, Alabama, in the United States District Court for the Middle District of Alabama, Eastern Division. The plaintiff alleged that she was denied procedural due process by the city when she was terminated for negligently approving fraudulent purchase orders. The plaintiff also alleged that she was discriminated against because of her gender and that she was treated differently than other male employees. The opinion held that the plaintiff was not entitled to a hearing because she was an at-will employee and that the plaintiff failed to establish a due process violation under “stigma-plus” because she failed to prove defamation. The Court also granted summary judgment on the gender discrimination claim because the plaintiff failed to identify any male employees that were similarly situated.

Mills v. City of Phenix City, Alabama, 2012 WL 2887933 (M.D. Ala. 2012)

McKoon and Gamble Obtain Summary Judgment

McKoon and Gamble obtain summary judgment for their client, ECR Properties, LLC in the United States Court of the Middle District of Alabama. ECR, a Georgia corporation brought suit against Bond Safeguard Insurance Company, an Illinois company, and Camden County Development, LLC, a Florida corporation, for breach of contract, promissory fraud, fraud, unjust enrichment, and civil conspiracy which arose out the parties' joint venture. The joint venture was Rivers Reach Development Company, LLC, a company created to develop real estate in Alabama. Camden asserted a counterclaim against ECR for breach of contract, and the parties cross moved for summary judgment on their breach of contract claims. The Court granted summary judgment in favor of ECR on its breach of contract claim, and denied Camden's motion for summary judgment.

The court held that the plaintiff established a prima facie case of breach of contract and that it did not materially breach the parties' operating agreement. The defendant asserted as a defense, that Plaintiff waived Defendant's obligation to transfer certain real property into the joint venture. However, the court held that ECR did not waive defendant's obligation, and that defendant's failure transfer the real property breached the operating agreement. Defendant also asserted that the plaintiff, ECR, was required to pursue relief in the form of a derivative action, but the court ruled in ECR's favor again by holding that ECR claimed damages to itself, and that it was entitled to sue defendant directly for breach of contract.

ECR Properties, LLC v. Camden County Development, LLC, et al, 2014 WL 707171 (M.D. Ala. 2014)

Plaintiff Cases

Represented Mother of Deceased Child

Represented mother of deceased child in a wrongful death case involving failure to properly and promptly diagnose meningitis. Case settled favorably for Plaintiff – amount confidential.

Represented Group of Investors Against Bank Fraud

Represented group of investors against bank for fraud where bank President was recommending the investments when he knew and the bank knew that the company that was being recommended to investors was in financial trouble. Case settled favorably for all Plaintiffs – amount confidential.

Participated as Local Counsel in Representatioin of Homeowners Whose Property Was Being Polluted

Participated as local counsel in representation of homeowners whose property was being polluted by carbon black from a nearby carbon plant. Owners of plant knew that the filtering system to keep carbon out of the air was not functioning properly, but felt that the cost to settle with homeowners or to defend the case against it would be cheaper than correcting the problem. Case settled favorably for homeowner Plaintiffs. Settlement included monetary compensation for each Plaintiff as well as a fix to the problem and monitoring of the problem in the future – amounts confidential.

Participated in Litigation and Settlement of Injured Truck Driver

Participated in litigation and settlement of truck driver badly injured in truck wreck where his truck was hit head on by another truck that crossed the median. Plaintiff suffered brain injury as well as injuries to his leg requiring surgery. Case settled favorably for Plaintiff – amount confidential.

Represented Plaintiff in Case of Overdose of Steroid Medication

Represented Plaintiff in case where she received an overdose of steroid medication, causing weight gain, repeated infections, and other related problems. Case settled favorably for Plaintiff – amount confidential.

Represented Investors in Real Estate Project for Breach of Contract

Represented group of Plaintiff investors in real estate project for breach of contract and promissory fraud. Plaintiffs recovered most of their money and were satisfied with the settlement of the case.

Defense Cases

Represented Hospitals in Medical Malpractice Cases

Although we no longer do so, in past years our firm represented several hospitals in the defense of medical malpractice cases. We obtained numerous verdicts for the hospitals represented during that period of time. Some of the verdicts were in cases involving alleged wrongful death, alleged injury due to failure to diagnose certain conditions, such as, breast cancer, aneurisms, respiratory distress and/or failure and where it was alleged that an IV caused an infection and injury to a hand.

Represented City of Phenix City in Various Cases

Our firm has for the past several years represented the City of Phenix City in various cases and particularly in cases involving claims of wrongful termination of employees and/or discriminatory treatment. We have obtained summary judgment in favor of the City on several occasions and have tried three significant cases in the U. S. District Court for the Middle District of Alabama. A defense verdict by the jury was had in two of these cases and in one of the cases the Federal Judge granted a directed verdict in favor of the City after the close of all the evidence.

Verdicts Including Cases Involving Slip and Fall, Allegations of Slander, and More

Our firm has obtained verdicts for Defendants in the following kinds of cases, over the last several years. These include cases involving slip and fall, allegations of slander, false imprisonment, automobile negligence, general negligence, breach of contract and misrepresentation.

Criminal Cases

Over the years our firm has handled hundreds of criminal cases ranging from harassment and DUI to rape and capital murder. Over the last several years, we obtained a not guilty verdict for our client who was charged with rape. The allegations were made by his 35 year old adopted daughter, who claimed to remember being sexually assaulted when she was 15, by our client. She "remembered" this after her adoptive mother found out that our client was selling some land he had obtained in a divorce settlement between him and the alleged victim's adopted mother.

As a further example of our work in criminal cases, recently, we settled a criminal case favorably to our client, who was charged with murder for shooting a man with a pistol three times. The defense in the case was self defense. Just before trial, the case was settled with a plea to criminally negligent homicide and a sentence of 18 months in the county jail. Our client was very satisfied.

We have obtained numerous favorable settlements and dismissals based upon our hard work and reputation.

Selected Cases

ECR Properties, LLC v. Camden County Development, LLC, et al, 2014 WL 707171 (M.D. Ala. 2014).

Mills v. City of Phenix City, Alabama, WL 2887933 (M.D. Ala. 2012).

Ellis v. Greene, WL 3271954 (M.D. Ala. 2008).

Davis v. Phenix City, Alabama, 513 F.Supp.2d 1241, (M.D. Ala. 2007).

Cliatt v. Phenix City, Alabama, 2007 WL 4353627 (M.D. Ala. 2007).

Barnette v. Phenix City, Alabama, WL 680595 (M.D. Ala. 2006).

Yelverton v. Vargo, 386 F.Supp. 2d 1224 (M.D. Ala. 2005).

Canales v. Veterans of Foreign Wars of the U.S., WL 3313461 (M.D. Ala. 2004).

French Auto Supply, Inc. v. Anglin, 567 So. 2d 312 (Ala. Civ. App. 1990).

Smith v. Blankenship, 440 So.2d 1063 (Ala. 1983).

Turner v. State, 378 So.2d 1173 (Ala. Crim. App. 1979).

McKoon and Gamble Obtain Dismissal

McKoon & Gamble secured dismissal of a case pending against their client, the City of Phenix City, Alabama, in the Circuit Court of Russell County, Alabama. Geico Indemnity Company brought suit against the City of Phenix City to recover money paid to two individuals who were injured as a result of a car accident and who brought a personal injury suit against Geico's insured. Geico alleged negligence, and more particularly, alleged that the City was negligent in maintaining a street. The city argued that the Plaintiff's claim should fail because the plaintiffs failed to make proper claims upon the city under Ala. Code 1975 §§ 11-47-23 and 11-47-192, that the claims were barred by Ala. Code 1975 § 11-47-190, res judicata, and failure to join and indispensable party. The case was dismissed by Russell County Circuit Court on June 12, 2014.