Montgomery, Ala. – Beasley Allen attorneys filed a personal injury lawsuit today in the Circuit Court of Etowah County, Alabama, on behalf of Terry Franklin against Zurich North American Insurance, Inc., Foxes Lounge, and Clayton Morgan. According to the complaint, Franklin was driving a tractor trailer on Highway 278 when defendant Morgan, driving a pick up truck in the opposite direction, attempted to make a left turn and collided with the plaintiff. The incident occurred on May 15, 2008. Franklin was severely injured in the collision and seeks compensatory and punitive damages in addition to legal fees.
The suit alleges that Clayton had been drinking at Foxes Lounge prior to the collision and was “intoxicated and impaired to the extent that he could not safely operate a motor vehicle.” Morgan negligently turned his truck left in front of Franklin, forcing Franklin’s trailer off the highway and into a ditch, according to the lawsuit.
Franklin’s suit also alleges that Foxes Lounge acted in violation of Alabama law when it “unlawfully sold or furnished alcoholic beverages to Morgan while he was visibly intoxicated.”
Defendant Zurich provided the insurance policy for the tractor trailer that Franklin was driving for his employer, Koch’s. Zurich’s coverage included Franklin as an uninsured motorist.
Franklin was hospitalized after the incident and continues to receive medical treatment for his injuries. The suit states that Franklin suffers from physical pain, frustration, anxiety, and stress as a result of the accident. He has also lost income and has had to borrow money to pay his bills and expenses as his work capacity has been diminished. Additionally, the lawsuit states that Franklin is permanently injured and scarred.
Personal injury attorney Michael J. Crow of Beasley Allen Law Firm in Montgomery, Ala., and Donald R. Rhea of Rhea, Boyd, Rhea, & Coggin in Gadsden, Ala. are representing Franklin and his family, who reside in Gadsden, in the lawsuit.