Maloree McDonough - Vernis & Bowling

Maloree McDonough, Esq.
Vernis & Bowling of Birmingham, LLC 2021 3rd Avenue North, 2nd Floor Birmingham, AL 35203
Phone: (205) 445-1026
Email: MMcDonough@Alabama-Law.com
Fax: (205) 445-1036
Website: www.national-law.com
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Also Serving: Jackson, MS

Verdicts and Dispositions

Smith, Destini et al v. Ella Lois Jones Wilson
Maloree McDonough (Birmingham, AL) (Automobile Liability) obtained a Defense Verdict in the Circuit Court of Jefferson County, Alabama in a disputed liability auto accident case against an Allstate insured. The three Plaintiffs claimed they had the right of way at an intersection and that the Defendant ran a red light. The Defendant testified that she had the green light upon entering the intersection and that the Plaintiffs ran the red light and struck her vehicle. The Plaintiffs called one witness who claimed to be in the vehicle behind them at the intersection and testified that the Plaintiffs had the green light. One independent witness also testified for the Defendant, stating that she was across the intersection from the Defendant and that the lights on their road were green. All three Plaintiffs claimed Emergency Room treatment and physical and mental pain and suffering. One Plaintiff also claimed permanent injury due to a facial scar.

Despite the conflicting testimony at trial, the jury returned a Judgment for the Defendant on all three claims after 45 minutes of deliberation.
Salyers v. Allstate
William F. Smith, II and Maloree McDonough (Birmingham, AL) (UM/UIM) obtained a Defense Verdict on May 4, 2022 in the Circuit Court of Jefferson County, Birmingham, Alabama in a direct-action uninsured motorist case against Allstate Insurance Company. The Plaintiff alleged injuries to both shoulders and his lower back in a seven-vehicle auto accident that occurred in a construction zone on I-59. An unidentified vehicle stopped in the interstate in front of the first vehicle, which came to a stop without contacting the unidentified vehicle. However, the first vehicle was then struck from behind, followed by multiple rear-end collisions involving the six vehicles behind it. The Plaintiff was the fifth car in line and he rear-ended the vehicle in front of him before being rear-ended by the vehicle behind him.

Plaintiff was seen by an orthopedist who diagnosed bilateral shoulder strains. Plaintiff’s treatment included injections and physical therapy.

Plaintiff settled with the driver who rear-ended him before pursuing uninsured motorist benefits based on a phantom vehicle theory.

Plaintiff argued that the phantom vehicle driver was negligent and wanton for stopping in the interstate and causing a chain reaction seven-vehicle accident, then leaving the scene. Allstate defended on causation and the Plaintiff’s contributory negligence for following too closely.

The Plaintiff claimed damages for pain and suffering and mental anguish. He did not introduce the medical bills. Plaintiff’s counsel requested the jury to award $75,000. The jury returned a Defense Verdict.
Nickson v. Roberts
Maloree McDonough (Birmingham, AL) (Auto Liability) obtained a Defense Verdict on February 16, 2022 in the Circuit Court of Tuscaloosa County, Alabama in an auto accident case against an Allstate insured in which liability was disputed. The two Plaintiffs, a mother and a daughter, pulled out onto a 6 lane road from a private drive and were struck by the defendant. Plaintiffs claimed that although they pulled out onto the roadway, they saw the defendant coming in the inside lane at a high rate of speed, so they stopped before crossing into the defendant’s lane of travel. Plaintiffs argued that the defendant was speeding and was negligent for leaving his lane of travel and colliding with their vehicle.

The mother’s medical bills were $18,000 and she claimed exacerbation of pre-existing neck and shoulder conditions, wage losses and the total loss of her vehicle ($10,000).The daughter claimed injuries to her arm and $2,000 in medicals.

Defendant was successful in getting contributory negligence and sudden emergency charges to the jury. The judge also gave the jury a charge on subsequent negligence so they could consider whether, regardless of plaintiff’s negligence, defendant still had the “last clear chance” to avoid the accident. The jury deliberated for approximately an hour before returning a verdict in favor of the defendant on both the mother and daughter’s claims.
Iris Hunter et al v. Laquita Shandrell Morrissette
Maloree McDonough (Birmingham, AL) (Auto Liability) obtained a favorable verdict in a two-day jury trial against an Allstate insured in Birmingham, Alabama. This claim involved a car accident in which the Defendant rear-ended the Plaintiffs’ vehicle, which was stopped at an intersection. The Defendant admitted liability prior to trial, so the only issue in dispute was the amount of damages to be awarded to the Plaintiffs. Plaintiff Iris Hunter claimed a permanent neck and back injury as a result of the accident and her husband, Melvin Hunter, claimed temporary back and neck pain.

The evidence showed that Iris Hunter had a history of chronic fibromyalgia pain and had last received an injection for neck pain two years before the accident. After the accident, Ms. Hunter was diagnosed at the ER with a back and neck strain. She followed up twice with her primary care doctor and completed a round of physical therapy. In a pretrial motion, Plaintiff’s counsel attempted to exclude evidence of Iris Hunter’s pre-existing treatment for fibromyalgia, arguing that it was irrelevant. The judge initially granted Plaintiff’s motion, but after Maloree made an offer of proof with a post-accident medical record where Ms. Hunter told her doctor that she didn’t know if the pain she was experiencing was from the auto accident or the fibromyalgia, the judge reversed her ruling and allowed the jury to hear evidence of prior treatment for fibromyalgia. Iris Hunter proved medical bills related to her treatment in the amount of $18,042.
Mr. Hunter was treated at the Emergency Room following the accident where he was diagnosed with a bruised abdomen and had one follow-up visit with his primary care physician. His medical bills were not introduced at trial.

Plaintiff’s counsel asked the jury to award $258,000 to Iris and $20,000 to Melvin. In her closing argument, Maloree emphasized Ms. Hunter’s history of chronic fibromyalgia pain. She suggested a verdict of $20,000 for Ms. Hunter and $1,000 for Mr. Hunter. The jury brought back a verdict in favor of Ms. Hunter for $20,000 and $500 for Mr. Hunter.
Michael C. Barnes v. Southeast Logistics, Inc
Maloree McDonough (Birmingham, AL) (Workers’ Compensation) obtained Summary Judgment on behalf of One Beacon Insurance. Plaintiff was an owner-operator who sued the common carrier, Southeast Logistics, Inc., for which he drove his truck for workers’ comp benefits. Plaintiff alleged a severe head injury, so the exposure was a permanent total award. The claim was denied based on the fact that the Plaintiff was an independent contractor and not an employee of the common carrier.

The argument to the court was based primarily on a rarely used exclusion for common carriers under the Alabama Workers’ Comp Act which states that “in no event” can a common carrier operating pursuant to a certificate of public convenience and necessity be deemed the employer of an owner-operator of a motor vehicle under contract to the common carrier. Ms. McDonough was able to prove the statute and the exclusion applied to bar the Plaintiff from recovery and the court granted summary judgment.

Areas Of Practice

Appellate Practice
General Civil Litigation
Workers' Compensation Defense

Bar & Court Admission

Alabama Bar, 2009
U.S. District Court for the Middle and Northern Districts of Alabama, 2009
Mississippi Bar, 2008
U.S. District Court for the Northern District of Mississippi, 2008

Education

Graduate:
University of Mississippi, Juris Doctorate, 2008 Honors: Non-Resident Alumni Award; Moot Court Board; 2006 Appellate Oral Advocacy Competition Quarter-Finalist; Bench Memorandum published in the 2008 edition of Mississippi Review of First Impressions
Undergraduate:
Arkansas State University, Bachelor of Arts Degree in English and Political Science, 2005

Memberships

Alabama State Bar
Mississippi State Bar
Birmingham Bar Association, Young Lawyers Section
Alabama Defense Lawyers Association
Rotaract Club of Birmingham
UAB Comprehensive Cancer Center Young Supporter’s Board- Patient and Family Services Committee
- Birmingham Women’s USTA Tennis League

Maloree G. McDonough was born in Jonesboro, Arkansas. In 2005, she graduated magna cum laude from Arkansas State University with a Bachelor of Arts degree in English and Political Science in ASU’s Honors College. She then attended the University of Mississippi School of Law where she obtained her Juris Doctorate in 2008. Some of Maloree’s law school academic memberships and honors include: Non-Resident Alumni Award; member of the Moot Court Board; 2006 Appellate Oral Advocacy Competition Quarter-Finalist; and author of a Bench Memorandum published in the 2008 edition of Mississippi Review of First Impressions.

In 2009, Maloree moved to Birmingham where she began her legal career practicing civil defense litigation. Her current practice focuses primarily on workers’ compensation defense, both at trial and appellate levels. She is a member of the Alabama and Birmingham Bar Associations, the Birmingham Bar Young Lawyers Section, as well as the Alabama Defense Lawyers Association. Maloree is admitted to practice in both Alabama and Mississippi.

Outside of work, Maloree is an active member of the Rotaract Club of Birmingham and the UAB Comprehensive Cancer Center Young Supporter’s Board. She is also a member of the Birmingham Women’s USTA Tennis League and enjoys playing competitive and recreational tennis.

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