Pike jury awards ‘historic’ $21M verdict

Published 9:13am Saturday, March 26, 2011

A Pike County jury awarded a $21 million judgment this week in what has been described as a historic case.

After four days of testimony in Circuit Court, the jury debated a little over an hour before awarding Rebekah Blades $21 million in a suit stemming from a work-related accident at the Wal-Mart Distribution Center in Brundidge.

Blades, who was a quality control manager at the center, was injured April 18, 2008, in an accident in the banana ripening room. She had sued Thermal Technologies Inc. and Helsel Contracting for damages caused by the accident.

Mark Andrews, of Morris, Cary, Andrews, Talmadge and Driggers, LLC, represented Blades. “It was a very important case for Rebekah Blades,” Andrews said. “And, it was a very important case for Pike County.”

Andrews said he was impressed with the jury’s verdict – all $21 million was in compensatory damages – in favor of Blades who, according to Andrews, had “suffered horrific, devastating, injuries.”

The company, Thermal Technologies, Inc. (TTI), sells banana ripening systems and was contracted with Wal-Mart to install the systems at Wal-Mart’s Distribution Centers.

According to the case file, a counterbalance cover for the door of a banana ripening room, weighing approximately 40 pounds and three-and-a-half feet in length, fell from a height of almost 30 feet and struck Blades in the face causing severe damage.

“There were these 16-gauge metal trim pieces that were in sections, which according to plans and specifications were supposed to be bolted into place,” Andrews said. “The top pieces that were approximately 30 feet in the air were not bolted and, when Mrs. Blades opened the door, one of these unsecured 16-guage pieces of metal fell down and struck her in the face like a javelin, impelling her in the left cheek and broke her hard palate.”

According to Andrews, the incident severed nerves in Blades’ face, leaving her face permanently numb, and she had to have reconstructive surgery to her mid-face, as well as plastic reconstructive surgery.

“The real damage was discovered, however, approximately 10 days after the accident while she was at home with her mouth wired shut from Orthopedic Reconstructive surgery,” Andrews said. “Doctors realized that she had suffered the onset of epileptic seizures due to the blow to her head. She has developed both epileptic and non-epileptic seizures that are permanent according to the treating physicians at UAB.”

As a result of her condition, Blades has been unable to maintain employment, Andrews said. She was 26 at the time of the accident and holds a degree in Dairy Food Science from Louisiana State University.

Initially, Jim Lentz, the owner of TTI, denied responsibility for the incident and heaped the blame upon the shoulders of Helsel Contracting, whom Lentz’ company had subcontracted with specifically for the purpose of properly, and safely, installing the counterbalance cover for the banana ripening rooms.

However, after an investigation found that TTI was culpable for the accident, Lentz admitted responsibility.

“The jury returned the verdict in this case for compensatory damages only,” Andrews said. “We did not ask for punitive or exemplary damages. We only wanted Rebekah to be compensated fully for her losses and were simply looking for a full recovery for Rebekah.”

Richard Calhoun, local counsel for Blades, said the case was truly of a historic nature.

“This was a historic case in the history of Pike County,” Calhoun said. “The jury did an outstanding job in their duties of rendering justice.”

According to Andrews and Calhoun, the same installation problems were found in various Wal-Mart distribution centers throughout the country.

After learning the facts, Andrews said that he and his colleagues, Cory Driggers and Dan Talmadge, wanted to help Blades to fight the case due to the negligent nature of the incident.

“Judge Thomas Head, the judge that presided over this trial, was extremely impressive and professional in every respect and allowed the parties and the attorneys to present their case fully,” Andrews said. “He was very respectful to all of the lawyers, the parties and the jurors. He is an asset to Pike County, as well as to the Alabama Bench and Bar as a whole.”

  1. Susan418

    I am so happy for her. I don’t know her personally but I do know what it is to be broken spiritually, emotionally, and literally ripped away from your everyday “normal” life by the negligence of others. My husband was injured from the negilgence of a different situation during his duties at his workplace. Our lives were turned upside down as well as our children. Funny how you work for your employers and give them 100% until something “bad” happens, then they don’t seem to care or simply blame others. Thanks to Mark Andrews, “Superman of attorneys everywhere”, we were helped. He is the most gracious man I have ever known. She was lucky to have him as an attorney. I could call him day or night and he was there for us. Most workmans comp doesn’t help you unless you have an attorney behind you calling the shots. Mark Andrews is the man to do that. We would have been stuck in that nursing facility but he had workmans comp come out and build a wheelchair ramp, modifications for my husband to take baths and inhome nursing care. Things we didn’t know we could do, and they sure as heck won’t tell you. We fell and Mark helped us back up. I haven’t talked to Mark Andrews in a while but I know he would be there in a second if we needed him today. Congrats to him and her!! He truly is a lawyer who cares, he doesn’t just look at you as a “case”, he looks at you like you are his brother, mother, sister, daughter….I am soooo happy for this woman, not only for winning her suit but also for having Mark as her attorney.

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  2. msbirch315

    I have to piggyback on Susan418′s comment. I agree that she was fortunate to have Mark as her attorney. I live in Texas and my mother lives in Alabama. She was involved in an accident at work in January of 2008 and just recently settled her case. I was really cautious when helping her find an attorney. My mother is Korean and has limited English, therefore I had to find an attorney I trusted to take care of her and look out for her best interest. I was very fortunate to have found Mark and his paralegal Heather. They kept me informed and assured me that he would treat my mother as if she were his own……. and he did. I knew that Mark and Heather were working hard for her, but I did not realize just how hard until I saw the mountains of paperwork and the library of depositions he had taken. Not only had he taken the depositions, but when he needed information he went to the right file and the exact place to get the answers he was looking for. That told me that he knew those depositions backwards and forwards. I am so happy that she was awarded the $21M verdict. Her life has been forever changed and the fact that they had to go to court in the first place makes me shake my head. This was a young vibrant girl who went from taking care of herself to totally depending on someone else for her wellbeing. Since the tragedy three years ago her family has seen her transition from capable to incapable. The company’s monetary ding doesn’t begin to compare to the mental and physical damage to this young lady and her family. Good going Mark!!

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  3. Prophet

    I’ve reviewed many jury awards of this nature. Unfortunately most never receive anywhere near the award. They usually are forced to settle for whatever the defendants insurance will pay or in many cases the company will file bankruptcy and the defendant will receive nothing.
    If the defendant is a strong company they will agree to an annuity settlement.

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  4. Observer

    A jury award of damages, either compensatory or punitive, is meaningless. The corporations involved will simply appeal the judgement to the Alabama Supreme Court which will reduce the judgement to a pittance and protect its corporate bosses.

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  5. yeapme

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