Effective litigators don't just know the law. They know the courts. It's the fundamental philosophy that has guided this firm since day one.
With offices strategically located throughout Alabama and the I-10 Gulf Coast corridor from Gulfport, Mississippi to Tallahassee, Florida, and north to our Chattanooga, Tennessee office, Carr Allison offers the kind of confident legal representation that only comes from firsthand experience. We have accumulated decades of closely cultivated relationships at the local level, wherever our clients' interests lie.
Sean W. Martin, shareholder in the Chattanooga office, co-authored an article that appears in the latest edition of the FDCC Quarterly. The article titled, "Are you as Guilty as the Criminal? Liability for Criminal Acts of Third Parties and Employees", takes an in-depth look at premises owners responsible for injuries caused by the criminal acts of third parties even when the third party is an employee of the premises owner. In addition to the law on the subject, the article also discusses various insurance policy provisions which are implicated in these types of cases.
The FDCC Quarterly is a scholarly publication of The Federation of Defense and Corporate Counsel.
Shareholder W. Walker Moss was recently appointed to serve on the Birmingham Bar Association's 2015 History & Archives Committee. The History & Archives Committee promotes appreciation for the Birmingham Bar's long history and works to safeguard and display artifacts of historical significance.
Walker Moss focuses his practice on general litigation, labor and employment and workers' compensation defense.
Sean W. Martin and Katy Beth Carr, of the Chattanooga, Tennessee office of Carr Allison, recently obtained summary judgment in a case arising from a rather elaborate scheme to abscond with a pair of blue jeans without paying:
The plaintiff and five co-conspirators entered a department store within a large mall in Chattanooga, Tennessee. The plaintiff picked up a pair of blue jeans she purchased online. She milled around the store for ten minutes before she decided to return the jeans for a refund. During the refund process, the five accomplices loiter around the cash register. When the jeans were set on a cart for restocking, they were swiped by one of the accomplices. The jeans were shuffled three card monty style between the group. They all leave the store from different points of entry, each being pursued by a separate employee of the department store. Two accomplices exit into the mall and are approached by the store’s loss prevention personnel. The accomplices, not taking kindly to being stopped, punched the loss prevention personnel in the face and a fracas ensues. Mall security and off duty Chattanooga police officers ascend on the scene to break up the melee. Order is restored and everybody is brought back to the department store. Following the police investigation, the plaintiff was charged with theft of property under $500, booked, and her mug shot appeared in Just Busted magazine. She eventually pled not guilty and her case was bound over to the grand jury. She was indicted by the grand jury. Thereafter, the DA dismissed the case to focus his limited resources on several on her co-conspirators with longer rap sheets.
A civil suit followed under theories of malicious prosecution and false imprisonment. Instead of an Answer, a motion to dismiss was filed. The motion was granted because the false imprisonment claim was time-barred. The plaintiff could not sustain a cause of action for malicious prosecution because her criminal case was not terminated favorably. No appeal was taken and the judgment is now final.