$20 million verdict against mining industry

Speed kills. That was the theme of a 2003 case against Black Warrior Coal in the rugged coal mining area just west of Birmingham, Alabama. The result was a $20 million dollar verdict against the company responsible for overloading a truck which overturned as the driver exceeded the speed limit on a sharp downhill curve on a road between the mines and the loading docks on the Black Warrior River.

This was the largest verdict ever handed down by a jury in the Bessemer Jurisdiction of the Jefferson County, Alabama Circuit Court. At the time, I was clerking for attorney Clay Hornsby with the firm of Morris, Haynes & Hornsby in Birmingham. I personally sifted through boxes containing over 800,000 coal tickets – one for every load of coal transported to the docks over an 18 month period – looking for the ticket for the load being hauled during the crash.

As part of the strategy for the case, we were able to show at trial that the companies involved had a pattern and practice of overloading their trucks to try to maximize profits. We were also able to show a history of speeding and purposeful avoidance of highway “temporary weigh stations” routinely used in the area. According to the route taken, the driver of the crash vehicle may have very well been trying to avoid the scales when the crash happened.

As the eighteen-wheel coal truck rounded a sharp downhill right-hander, the trailer lifted onto its outside wheels. Coal began to spill from the trailer. The speed of the truck and weight of the overloaded trailer were too much and the trailer finally became disengaged from the truck's fifth wheel and turned completely onto its side. The trailer then slid down the oncoming traffic lane spilling coal into the highway and right of way.

Two vehicles traveling in the opposite direction were struck by the trailer. The first was a church van which was knocked off the road. It’s passengers, a pastor and his wife, were seriously injured in the accident. The second vehicle was struck head-on by the sliding trailer, killing the driver and injuring the passenger.

The estate of the deceased driver brought suit against the coal company, the mining company, and the trucking company. Part of the case was settled before trial. However, the defendants didn’t expect to be hit with a $20 million dollar verdict, the largest in the history of the Bessemer Courthouse.

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