Tracy P. Turner
Member
Admitted In:
- 1989, Alabama State Bar
- 1991, U.S. District Court, Southern District of Alabama
- 1992, U.S. Court of Appeals, Eleventh Circuit
- 1998, U.S. District Court, Northern District of Alabama
Education:
- Undergraduate degrees (B.S. and B.A.), Auburn University (1985) (High Honors) (Omicron Delta Kappa)
- Law (J.D.) Degree, University of Alabama School of Law (1989) (Order of the Coif)
Additional Information:
Affiliations
- Member, Insurance, Employment, Governmental Liability, Life, Health & Disability, and Transportation Law Sections, Defense Research Institute.
- Member, Alabama State Bar.
- Member, Mobile Bar Association.
- Member, Federal Civil Practice Committee, Mobile Bar Association.
- Member, State Civil Practice Committee, Mobile Bar Association.
- Member, Alabama Defense Lawyers Association.
Representative Cases
Personal Injury Insurance Defense
- Representation of commercial vehicle operator in wrongful death case. Jury verdict for less than last settlement offer.
- Representation of insured logging company in wrongful death case involving an accident with a log truck. Claims favorably settled prior to trial.
- Representation of insured logging company in injury case involving accident by plaintiff's vehicle with log truck. Claims dismissed by summary judgment prior to trial.
Fraud and Bad Faith Insurance Defense
- Representation of insurance company against claims of fraud and suppression regarding improper sale of fire insurance policies. Claims favorably settled during pendency of appeal after trial court granted summary judgment.
- Representation of insurance company against claims of fraud, suppression and deceit allegedly committed by agents in sale and service of insurance policies, claims of numerous plaintiffs and potential plaintiffs. Claims favorably settled prior to trial.
General Liability Insurance Defense
- Representation of County Commission and deputy sheriff against state law claims of negligence, wantonness and negligent and wanton training and supervision. Circuit Court granted motion to dismiss in part and denied in part. Mandamus of Circuit Court requiring dismissal of all claims granted by Alabama Supreme Court.
- Representation of numerous insured logging companies in timber overcut litigation. Claims favorably settled prior to trial.
- Representation of County Commission in numerous cases alleging flooding damage caused by construction and maintenance of county roads. Claims either dismissed or favorably settled prior to trial.
Civil Rights and Employment Defense
- Representation of County Commission against Title VII claims of sex and race discrimination as well as claims of race discrimination under §§ 1981 and 1983. Summary judgment granted by District Court, 954 F. Supp. 1540 (S.D. Ala. 1995) and affirmed by the 11th Circuit, 103 F.3d 148 (11th Cir. 1996).
- Representation of County Commission against Title VII claims of sex discrimination. Summary judgment granted by District Court and case not appealed.
- Representation of employer insurance company against Title VII and ADEA claims of age discrimination by former district manager. Summary judgment granted by District Court and affirmed by 11th Circuit.
- Representation of County Commission against § 1983 claim for deprivation of constitutional rights resulting from alleged improper care at County Jail. Summary judgment granted by District Court and case not appealed.
- Representation of County Commission and deputy sheriff against state law claims of negligence, wantonness and negligent and wanton training and supervision. Circuit Court granted motion to dismiss in part and denied in part. Mandamus of Circuit Court requiring dismissal of all claims granted by Alabama Supreme Court.
- Representation of County Commission against Title VII and §§ 1981 and 1983 race claims. Summary judgment granted by District Court and case not appealed.
- Representation of employer papermill against Title VII claims of sex discrimination and hostile work environment. Claim favorably settled prior to trial.
- Representation of County School Board against Title VII and §§ 1981 and 1983 claims of reverse race discrimination. Case favorably settled during trial.
- Representation of agency under the control of Presiding Circuit Judge against claims of assault and battery and sexual harassment. Claims favorably settled prior to trial.
Local Government Law
- Representation of County Commission against Title VII claims of sex and race discrimination as well as claims of race discrimination under §§ 1981 and 1983. Summary judgment granted by District Court, 954 F. Supp. 1540 (S.D. Ala. 1995) and affirmed by the 11th Circuit, 103 F.3d 148 (11th Cir. 1996).
- Representation of County Commission against Title VII claims of sex discrimination. Summary judgment granted by District Court and case not appealed.
- Representation of County Commission against § 1983 claim for deprivation of constitutional rights resulting from alleged improper care at County Jail. Summary judgment granted by District Court and case not appealed.
- Representation of County Commission against Title VII claims of sex and race discrimination as well as claims of race discrimination under §§ 1981 and 1983. Summary judgment granted by District Court, 954 F. Supp. 1540 (S.D. Ala. 1995) and affirmed by the 11th Circuit, 103 F.3d 148 (11th Cir. 1996).
- Representation of County Commission against Title VII and §§ 1981 and 1983 race claims. Summary judgment granted by District Court and case not appealed.
- Representation of County Commission against worker's compensation claim of former employee who was permanently disabled in a wreck involving a county dump truck. Case favorably settled prior to trial.
- Representation of County School Board against Title VII and §§ 1981 and 1983 claims of reverse race discrimination. Case favorably settled during trial.
- Representation of agency under the control of Presiding Circuit Judge against claims of assault and battery and sexual harassment. Claims favorably settled prior to trial.
- Representation of County Commission in numerous cases alleging flooding damage caused by construction and maintenance of county roads. Claims either dismissed or favorably settled prior to trial.
Worker's Compensation
- Representation of County Commission against worker's compensation claim of former employee who was permanently disabled in a wreck involving a County dump truck. Case favorably settled prior to trial.
- Representation of claims adjustment companies in numerous workers' compensation litigation matters involving claims of employees for permanent total disability and permanent partial disability benefits.
- Representation of Alabama Insurance Guaranty Association in worker's compensation litigation assumed by the Alabama Insurance Guaranty Association after carrier placed in liquidation by Pennsylvania Insurance Commission.
- Representation of large grocery store chain against worker's compensation claim of former employer seeking permanent disability as a result of an on-the-job accident.
Forest Use Defense
- Representation of land owner, forester and hunting club in controlled burning case where smoke from fire allegedly got across road. Case tried. Judgment for the defendants.
- Representation of forester in controlled burning litigation. Case tried and settled for half of amount of offer of judgment prior to trial.
- Representation of land owner, management company, hunting club and hunting club president in personal injury matter regarding allegations that a hazard was placed across Big Escambia Creek and struck by operator of an air boat. Case ongoing.
- Representation of papermill landowner and insured hunting club member in accidental shooting. Claims favorably settled prior to trial.
- Representation of insured timber company in personal injury matter where logging crew cut a tree down across the highway, striking a vehicle traveling along the highway. Claims favorably settled prior to trial.