Gaines, Wolter & Kinney, P.C. - Trial Results

• Sara Ann McGilvary, as Administrator of the Estate of James McGilvary, deceased, v. APAC Southeast, Inc.; Circuit Court of Bullock County; Case Number CV-05-126; Tried 04/23/07.  This case involved a claim for wrongful death arising out of an auto accident which occurred on Highway 110 in Bullock County.  The plaintiffs claimed that Mr. McGilvary was killed after his vehicle hit a dip in the road which, in turn, caused him to hit a bridge abutment.  The plaintiffs claimed that the dip was caused by the defendant.  The defendant, APAC Southeast, performed milling and resurfacing operations on the highway.  APAC denied that there was any dangerous condition on the highway and denied that it created any such conditions during its work.  In addition, APAC argued that its work was approved by the Alabama Department of Transportation.  The jury returned a verdict for the plaintiffs and awarded damages of $10,000,000.