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

• ALABAMA EXTENDED MANUFACTURERS LIABILITY DOCTRINE (United States District Court, Northern District of Alabama):  The plaintiff in this case claimed that she suffered physical injuries and mental anguish after biting into a needle which she claimed was in ribs purchased from the defendant. The plaintiff incurred only $750.00 in medical bills but focused instead on the fact that she was afraid of having contracted HIV or hepatitis, did not get final HIV test results for eighteen months, and underwent treatment for depression and anxiety for two years after the incident. Bruno’s defended by arguing that the needle was not in the pork product or, if it was in the pork product, it came from a marinade injector that the plaintiff used to season the meat after it was purchased. Before trial, the plaintiff’s last demand was $142,000.00, but, at trial, she asked the jury to award $10,000.00 per day for the two years that she allegedly suffered from anxiety and depression. The jury returned a verdict for the defendant. Woods v. Bruno’s Supermarkets, Inc.; Case Number CV-05-CO-0024-W; Tried June 17, 2006.

• SEXUAL HARASSMENT/EMPLOYMENT DISCRIMINATION (U.S. District Court, Northern District of Alabama): This case involved claims for sexual harassment and employment discrimination, allegedly arising out of plaintiffs' employment as a telemarketer and a verifier at a now-defunct telemarketing firm. Plaintiff Norris was dismissed from the case due to her failure to respond to defendant's written discovery. Plaintiff Posten did respond to written discovery; however, her attorney eventually withdrew his representation of her due to disciplinary proceedings with the Alabama State Bar. Subsequent to her counsel's withdrawal, Posten proceeded pro se. Despite being provided with notice of the trial date, Posten failed to appear at trial. Defense counsel conducted voir dire and selected a jury, after which the Court administered the oath to the jurors and subsequently dismissed the case with prejudice. Posten has not appealed the dismissal of her case. Norris and Posten v. Tel Pro, Inc., et al.; Case Number CV-01-C-2546-S; Tried January 5, 2004.