Decatur,AL : Morgan sheriff settles wreck lawsuit on may, Tuesday 23th 2017

Morgan County Sheriff Ana Franklin has settled a civil lawsuit with a Baldwin County couple injured in an automobile accident last summer, according to court records.

Details of the settlement were not available, but Baldwin County Circuit Judge Jody Bishop wrote in an order this month that the case had been settled, denying as moot a defense motion to dismiss the case and ordering the plaintiff to submit paperwork to formally close the lawsuit.

The lawsuit, which sought unspecified damages, was brought by Hubbard and Martha Hall of Bay Minnette, both of whom suffered injuries in the crash with Franklin on Alabama 287 in Baldwin County.

In an unrelated incident, Hubbard Hall made national news in February when he was arrested and charged with murder after allegedly shooting and killing his 41-year-old son because he believed his son had physically abused his 12-year-old granddaughter.

Hubbard since has been released on $100,000 bail and the case referred to a Baldwin County grand jury to determine if there is enough evidence to proceed with a trial.

The civil lawsuit against Franklin alleged the sheriff was at fault because she failed to yield right of way to the Halls as she made a left-hand turn into a private drive, causing her 2011 Ford Expedition to collide with the Halls’ 2016 Toyota Corolla driven by Hubbard Hall.

Franklin could not be reached for comment.

The accident occurred June 7, and both Halls were transported by ambulance to North Baldwin Infirmary, according to the accident report, which concluded the crash was caused by Franklin failing to yield right of way.

“The Halls are pleased that they were able to reach a settlement,” said their attorney, Britt Bethea, noting that Martha Hall suffered significant injuries in the crash and that both continue to suffer injuries as a result.

Bethea and Randall McNeil, a Montgomery attorney who represents Franklin through the county’s liability insurance provider, both declined to release details about the settlement. McNeil said settlement details are typically confidential in all cases.

The settlement came after the judge ordered the case into mediation in March to attempt a negotiated settlement.

In January, Franklin’s attorney argued in court filings that the state constitution granted her immunity from civil lawsuits because she was acting within the scope of her duties at the time.

The motion said Franklin was traveling in Baldwin County to attend The Alabama Association of School Resource Officers conference. The couple's attorney argued his clients sustained injuries and damage due to Franklin’s alleged negligence and recklessness.

Morgan County Commission Chairman Ray Long said he had no details on the settlement and any payment to the plaintiffs likely would have been made by the county’s liability insurance provider.

The county paid no money from taxpayer coffers for a settlement or for Franklin’s legal defense, he said.
Source :
Morgan sheriff settles wreck lawsuit