Worksite Accident – September 26, 2005, Tatum v. Davey Tree Expert Co. Plaintiff alleged he was injured in the line and scope of his employment with Defendant. Defendant contended that Plaintiff was climbing a tree without the required safety harness and rope. Plaintiff alleged he was not given a secondary rope of sufficient length and that he was never adequately trained on the use of the primary rope. Plaintiff admitted he was aware he was never to leave the ground for tree climbing without being tied in with his primary rope, secondary rope or safety straps. Plaintiff lost his grip and fell ten to twelve feet from the tree before he was able to properly tie himself in. Defendant filed summary judgment on the grounds Plaintiff violated a safety rule by failing to use a safety device provided by the employer. JUDGMENT – – For the Defendant on motion for summary judgment. (Court found employee violated a safety rule).
Negligence – August 5, 2005. Cox v. City of Prattville. Plaintiff sued city for inadequate drainage and flood control measures after her home was flooded in a rainstorm. VERDICT – – $10,000.00 for Plaintiff.