Burr & Forman LLP recently announced a significant appellate victory that overturns a $7.5 million verdict for Mobile-based road contractor Hosea O. Weaver & Sons, Inc. Burr partners Ed Bowron, John Browning
and Forrest Latta represented the plaintiff before the Alabama Supreme Court in Hosea Weaver & Sons Inc. v. Balch. Burr & Forman and Hosea O. Weaver Sons, Inc. are members of Alabama AGC.

The ruling on June 28 creates new protections for road builders against motorists who fi le lawsuits years after a road is completed and accepted by the state. In this case, three persons were killed in a head-on collision on U.S. Highway 84 eight years after Weaver had fi nished a repaving project for the state. The plaintiffs claimed that the accident was caused by the road's construction.

"This decision is important because of the 'accepted work doctrine' rule," said Latta, who argued and briefed the case on appeal. "Under this new law, contractors cannot be sued for injuries that occur to a third party
years after the work has been completed, and has been accepted by the owner."

 

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