Alabama Supreme Court applies new law proposed by Joe Duncan and Jeremy Gaddy

In Hosea O. Weaver, Inc. v. Balch, the Alabama Supreme Court, for the first time in Alabama, applied the “accepted-work doctrine” limiting road builder liability. Generally, this doctrine states that once a road builder turns over a project to the owner (ALDOT) and the owner accepts that project, the road builder is not liable for injuries to third persons from defects in the project that were “readily observable on reasonable inspection” or “not hidden” at the time the project was accepted. In applying this doctrine, the Court reversed a $7.5 million verdict in favor of plaintiffs and rendered the judgment in favor of Defendant Hosea O. Weaver, Inc. Joe Duncan and Jeremy Gaddy represented an amicus curiae, Alabama Road Builder’s Association, and proposed the accepted-work doctrine to the Court.