Unusual Phone Call from a Paralegal

The other day, I received a phone call from a woman who asked me if I knew if Boydstun was still in business. I said, "Why sure, they're in business." She explained that she had looked for them on line and hadn't been able to find anything. I said, "That's odd, perhaps they're working on their web server and the site is down temporarily." I looked up the phone number for Boydstun, and it was right after that when she said, "Oh, I'm not buying anything. I'm just doing some research. I'm a paralegal."

"Oh great," I said, thinking of all the problems Cottrell has had with personal injury attorneys.
These auto transport trailer manufacturers aren't going to get any rest until they have a warning label on every moving part on these car haulers and all sharp edges are covered with ten inches of foam padding. Hey! While we're at it, let's turn the rest of America into a giant day-care center.

I did a reverse look-up of the phone number on caller ID and found that she was calling from a law firm that handles litigation in San Francisco, California. http://www.gibsonrobb.com/index.html

Hopefully Boydstun doesn't have to deal with a bunch of crazy lawsuits like Cottrell did. (Read some of the posts below to hear the updates to all that mess.)

Lawyers! Doesn't it sometimes seem like there are too many people going into this field? Don't we need more machinists or librarians or school teachers or truck drivers? We've got three lawyers in our family, two of whom working at the top firms in town. We hang out with so many lawyers, sometimes I feel like one might turn around and bite me (like in those vampire movies) and the next thing I know, I'll be applying to law school or something.

Still, if I go to Burger King and pour a cup of hot coffee on my head, I'll have plenty of legal counsel. But all those attorneys sitting around the Christmas dinner? That and the turkey will make you fall asleep faster than C-Span during a senatorial filibuster where they're reading the phonebook.

More Litigation over Car Hauler Tie-Downs

Found this on a personal injury attorney's website. (This is also a strong argument for forged J hooks and not those bent S hooks.)

Pamela Withey has had decades of trial experience. She has recovered tens of millions of dollars for her clients in hundreds of different factual situations. She has won verdicts, negotiated settlements and collected on these judgments when necessary. Below you will find a sampling of the type of work she has done.

David Davis v. Vulcan Chain, et al. [Defective Product]

In this action brought under the theory of Products Liability, the plaintiff was securing a vehicle to a car hauler when an S-hook broke and caused severe and permanent injuries. In the case against a major manufacture, Attorney Withey secured a settlement of $1,100,000.00, despite disputed liability. In addition, she also recovered workers' compensation benefits for this injured worker in excess of $547,000.00.

To read this all in context go here.

More Cottrell v. Brdar News.

Wendler still angling to sue Cottrell in Madison County
(Where this story came from.)

Thursday, December 21, 2006

By Steve Korris

The late Terrence Hopkins

If Fifth District Appellate Judge Terrence Hopkins had lived a little longer, he would have helped decide whether truck drivers can continue suing Georgia trailer maker Cottrell Inc., in Madison County.

Hopkins and two other Fifth District judges heard an appeal of a Madison County verdict in Brdar v. Cottrell, but Hopkins died before they reached a decision.

Cottrell attorney Daniel Nester of St. Louis told Circuit Judge Daniel Stack in a Dec. 11 brief that the appeal may have to be resubmitted.

He wrote, "This has been confirmed by the Clerk of the Fifth District."

Stack at a Nov. 29 hearing had postponed a decision in a Cottrell case after plaintiff attorney Brian Wendler told him a decision in Brdar was imminent.

Stack asked Cottrell to respond in a brief.

Nester responded that, "This conclusion allegedly was drawn from a conversation in the hall with a 'retired Fifth District judge.' This conclusion is mere speculation…"

He wrote that there was no indication Brdar would be decided soon. "In fact," he wrote, "circumstances indicate otherwise."

In the case before Stack, truck driver Gary Clark claims he suffered injuries while loading vehicles on Cottrell trailers.

Cottrell moved to dismiss on grounds of forum non conveniens, arguing that the injury occurred in Tennessee.

Stack granted the motion in September. He wrote that Tennessee law applied and a Tennessee court should hear the case.

On behalf of Clark, Wendler moved in October for reconsideration. He wrote that Stack committed an error and that further evidence had come to light.

Nester opposed reconsideration. He wrote, "Plaintiffs may disagree with the decision of the court, but that disagreement certainly is not an indication that your Honor erred in applying the law to the facts in this case."

At the Nov. 29 hearing Wendler made no headway with claims of error and new evidence, but he caught Stack's attention when he brought up the Brdar appeal.

Stack said putting it off for the Fifth District would take time.

Wendler said, "That is the risk my client is willing to take."

Cottrell attorney Dan Carpenter of St. Louis protested that Wendler had not raised the Brdar appeal in his motion.

Stack signed an order continuing the hearing, but not to await a decision in Brdar. He continued it so Cottrell could write a response on Brdar.

Nester responded in 12 days. He told Stack to stick with his September decision regardless of Brdar.

He wrote, "It just makes more sense for a court in Tennessee to apply Tennessee law."

He wrote, "Cottrell submits that dockets should not 'grind to a halt' depending on what an appellate court may or may not do at some uncertain point in time…"

Under Stack's Nov. 29 order Cottrell will reset the hearing on reconsideration.

Maryland Car Hauler Gets Purple Heart

To read the complete article,click on the link below.

Semper Fi-nally *38 years after the fact, a car hauler gets an award for his service as a marine in Vietnam.

Must-See Condo Car Hauler

During a recent trip to Detroit, I had the pleasure of meeting Bob Anderson an owner operator for Reliable Carriers, headquarters in Canton, Michigan. Bob and his wife, Shirley, have been together for thirty-seven years, and she has been hauling cars for five years. Usually, they drive team, but on the day I met Bob, she was taking a breather while overseeing a house remodel. Bob says she expects to be on the road again soon.
Here is some more information about the truck: Bob had it custom built (sorry, don't remember who did the work!). That TV is a 32 inch plasma, and it goes with the home theater sound system. The bathroom has a shower, toilet and sink. If you wanted, you could probably cook a full Christmas dinner in the kitchen!
I hope you enjoy the pictures I took of Bob and Shirley's condo. It sure was an eye-opener for me! Unfortunately, I didn't get a chance to ask Bob more questions about the truck, because he was getting ready to go pick up a load of cars. For those of you wanting to know more details, this truck has been featured on other news publications, too, so a Google search might turn up more info.
By the way, if any of you are curious about Reliable Carriers, when I asked Bob how he liked the company, he said: "Best place I've ever worked for!" He has been hauling cars since 1984 and has been with Reliable for the past thirteen years. I don't know if Reliable is currently hiring, but most companies are always looking for experienced car haulers.