MCATD Secures Settlement Victory in 4th of July Shooting Wrongful Death Case

Posted By MCATD || 7-Feb-2018

Morris, Cary, Andrews, Talmadge & Driggers, LLC, a leading personal injury and wrongful death law firm in Alabama, has successfully secured a settlement on behalf of a wife whose husband was fatally shot by a park employee while celebrating the 4th of July. The case was primarily managed by both Attorney Joey Morris and Attorney Will Morris, who were proud to be able to represent a family in need and in grieving. Alabama has a notoriously strict stance on wrongful death awards and often favors the defendant. This case result is impressive and will hopefully allow the loved ones of the decedent to find peace of mind after the tragic event.

Details of the Fatal 4th of July Shooting Case

The husband of the wrongful death plaintiff – all names have been omitted out of respect for the plaintiff’s privacy – was celebrating the 4th of July on the deck of his trailer at a trailer park. As is tradition with the age-old American holiday, people all around the trailer park were lighting fireworks, partying with friends, and generally having a good time.

Despite the ongoing celebrations throughout the park, an employee of the trailer park unexpectedly approached the husband and instructed him to quiet down. The husband questioned the employee, asking why he was being told to stop his celebration when others in the park were still making plenty of noise and shooting off loud fireworks. The employee did not like being questioned and words were exchanged between the two of them. During the course of the discussion, the husband stepped off his porch to stand before the employee on the ground. Abruptly, the employee pulled out a gun and fatally shot the husband in the head.

As the case progressed, the trailer park company tried to defend its employee’s actions using a boxed “stand your ground” defense. It claimed the employee had the right to shoot the decedent since he stepped towards the employee during an argument. However, this interpretation of stand your ground laws is too vague and would potentially allow anyone to draw and fire a gun during most any argument without fear of legal repercussions. After numerous depositions and discoveries, Attorneys Joey and Will Morris were able to show that this defense would not have been valid in this case and the defendant soon agreed to mediation, during which the case was settled.

Want to know more about our legal team at Morris, Cary, Andrews, Talmadge & Driggers, LLC and our services? You can call toll-free 888.694.0174 or contact us online at any time. We offer free initial consultations to all inquiring clients.

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