Terminix Loses in Alabama Supreme Court
Terminix appealed an arbitration award that was entered in favor of a Birmingham, Alabama lawyer and his wife. On the appeal, Terminix argued that it should be allowed to prove that the retired judge who ruled against them was biased and unfair. This because of the evidence he allowed to be used at trial.
However, since Terminix elected not to pay to have the hearing transcribed by a court reporter, the Alabama Supreme Court held that those grounds are unavailable. So they decided to not pay the award. Until they do so, interest on the judgment will continue to mount.
The Alabama Supreme Court returned the case to the trial court level. There Judge Helen Shores Lee held a hearing about whether the arbitrator disclosed to Terminix that his firm previously represented a business that sued Terminix for the same kind of fraudulent termite service.
Witnesses at Terminix with material information about the facts or issues in the case included Fred Smith, Vice President of sales and Service, David Myers, Division Vice-President, Alabama Region Manager Brian McMinn, and Branch Manager Brent Vann. In testimony submitted after the hearing, the Vice President testified that documents relevant to the case had been rounded up nationwide and locked up by the company’s legal department.
A link to the 42 page Supreme Court Opinion is found here.
Campbell Law PC is based in Birmingham, Alabama – the heart of the termite belt in the Deep South. The firm handles serious cases nationwide. We will be happy to evaluate your claim at no cost to you.
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