Charles was successful in the trial defense of a restaurant franchisee in February 2017. The Plaintiff claimed that the restaurant served contaminated food, which caused the Plaintiff’s minor child’s food poisoning. Central to the successful defense was expert medical testimony that disputed the alleged cause of the child’s illness based on a timeline of the events. After considering the testimony and evidence, the trial court ruled in favor of the Defendant.
Charles Fleming, Jr. believes the best way to deliver the best possible outcome is to outsmart and to outwork the competition, every time. He is dedicated to achieving success built on a firm foundation of integrity. The son of an attorney, Charles experienced first-hand and very early on the results of hard work.
Since joining the firm in 2002, Charles has represented hospitals, physicians and nursing homes in cases of medical malpractice. He has also litigated on behalf of trucking companies, restaurants and hospitality entities and frequently lectures to insurance groups on topics pertaining to liability and risk management issues that arise in Alabama. He has dedicated his time and legal expertise to pro bono work including efforts following the devastation of Hurricane Katrina. Charles is fiercely competitive, level headed and believes that in the throes of a difficult case, it’s important to pause, step back and gain a broader perspective.
When he is not in the office, traveling for a case or in the courtroom, Charles enjoys visiting the Gulf Coast, where he grew up, and spending time with his wife, Leigh Anne, and their children, Ava and Jack.
Charles earned his BS from Birmingham-Southern College and his JD from Cumberland School of Law at Samford University.
Bar & Court Admissions
Alabama State Bar
U.S. District Court, Southern District of Alabama
U.S. District Court, Northern District of Alabama
U.S. District Court, Middle District of Alabama
Supreme Court of Alabama
Alabama Defense Lawyers Association
Birmingham Bar Association
Claims & Litigation Management Alliance
Defense Research Institute
National Retail and Restaurant Defense Association
Trucking Industry Defense Association
Charles secured a defense verdict on behalf of a nursing home in a medical malpractice case that was tried before an arbitrator in Mobile County, Alabama on July 21, 2016. The wrongful death action was brought by the estate of a nursing home resident who died following an aspiration event in the nursing home. Plaintiff claimed the aspiration event occurred because the Defendant failed to provide an appropriate diet, failed to timely and appropriately respond to the resident’s change in condition, and failed to follow policies and procedures concerning aspiration risk precautions. However, during the three day trial, Defense counsel proved that the decedent’s aspiration and subsequent death were not caused by a breach in the standard of care. Therefore, the Arbitrator returned a verdict for the Defendant.03
Charles successfully defended a nursing home in a medical malpractice case that was tried before a jury in Mobile County, Alabama on December 9, 2013. The personal injury action was brought by a nursing home resident for the development of four decubitus ulcers on the resident’s feet and heels. Plaintiff claimed that the ulcers occurred because the Defendant breached the standard of care by failing to properly assess the plaintiff’s risk of developing pressure sores and by failing to implement appropriate interventions to guard against that risk. However, the jury found the Defendant nursing home did not breach the applicable standard of care and returned a defense verdict. During the five day trial, Charles proved that the interventions and treatment provided by the facility were appropriate and timely, and that the wounds’ development was clinically unavoidable. Plaintiff's counsel requested $2 million in damages during the trial.04
Charles successfully defended an Alabama nursing home in a medical malpractice case that was arbitrated in August 2013. The case was brought on behalf of a nursing home resident for the development and progression of a decubitus ulcer to the resident’s sacrum. The plaintiff claimed that the ulcer occurred because the nursing home breached the standard of care by failing to implement appropriate interventions and failing to properly treat the wound. Plaintiff’s counsel demanded $500,000 in compensation at the arbitration. During the three day arbitration, Charles proved that the interventions and treatment provided by the facility were appropriate and timely, and that the wound’s development and progression was clinically unavoidable. The arbitrator found that the nursing home facility did not breach the applicable standard of care and returned a defense verdict.
Resources & News
Distinctions & Contributions
CLM Seminar Speaker (2015) – Transportation Claims: How to Investigate, Defend and Resolve