IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

LINDA WILLIAMS SHELTON,

 Plaintiff,

v.

ALL STATE FREIGHTWAYS, INC., 

 Defendant.

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Civil Action No.: 2:06-CV- 719-WKW

ORDER ON PRETRIAL HEARING

A pretrial hearing was held in this case on October 29, 2007, wherein the

following proceedings were held and actions taken:

1. PARTIES AND TRIAL COUNSEL:

(a) For Plaintiff Linda Williams Shelton: Michael S. Harper

(b) For Defendant Allstate Freightways, Inc.: Steven K. Herndon

COUNSEL APPEARING AT PRETRIAL HEARING: 

(a) For Plaintiff Linda Williams Shelton: Michael S. Harper

(b) For Defendant Allstate Freightways, Inc.: Steven K. Herndon

2. JURISDICTION AND VENUE:

This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1332

based upon diversity of citizenship involving an amount in controversy exceeding

$75,000.00 exclusive of interest and costs. The venue is proper in the United States

District Court for the Middle District of Alabama, Northern Division, pursuant to 28

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U.S.C. §1391 because the motor vehicle accident giving rise to this civil action occurred

on Interstate 85 in Montgomery County, Alabama.

3. PLEADINGS: The following pleadings and amendments were allowed:

(a) Complaint

(b) Answer

4. CONTENTIONS OF THE PARTIES:

(a) The Plaintiff

The plaintiff Linda Williams Shelton contends that the defendant negligently and

wantonly caused or allowed a motor vehicle owned by the defendant and operated by its

agent, servant, or employee to collide with the plaintiff’s vehicle, thereby causing the

plaintiff injuries and damages. 

(b) The Defendant

The defendant Allstate Freightways, Inc. (“Allstate Freightways”) denies the

material allegations of the complaint, pleads the general issue, and demands strict proof

thereof. Allstate Freightways admits that its driver James Ray Dunn was an employee of

the company driving within the line and scope of his employment at the time of the

February 25, 2005 accident, but denies the claims of negligently and/or wantonly causing

the plaintiff’s injuries and damages. Allstate Freightways further denies that it is guilty of

any wrongdoing which proximately caused any injury or damage to the plaintiff and

further contests the damages which the plaintiff alleges she received in the accident,

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including but not limited to her claim that she has been permanently injured and disabled. 

Allstate Freightways further asserts that her claims are barred by her own negligence,

fault, or want of care. Allstate Freightways adopts and incorporates by reference its

affirmative defenses regarding punitive damages and mental anguish. 

5. STIPULATIONS BY AND BETWEEN THE PARTIES:

1. The United States District Court for the Middle District of Alabama,

Northern Division has jurisdiction over this matter pursuant to Title 28 U.S.C. §1332. The

parties hereto are citizens and residents of different states, and the amount of controversy

herein exceeds the sum of $75,000.00, plus interest and costs

2. Venue is proper in the Middle District of Alabama, as the events giving

rise to the cause of action set forth in Plaintiff’s complaint occurred within the Middle

District of Alabama.

3. The parties to this action are properly named, and this Court has

personal jurisdiction over the parties.

4. The motor vehicle accident which is the subject of this lawsuit occurred

on February 25, 2005 on Interstate 85 in Montgomery County, Alabama.

5. Plaintiff was treated by Dr. Patrick Ryan, a neurosurgeon in

Montgomery County, Alabama, who performed surgery on Plaintiff’s cervical spine. 

6. The medical services provided to Plaintiff by Dr. Patrick Ryan, Dr.

Melvin Russell, Community Hospital, Jackson Hospital, Tom Crain, the anesthesia services

at Jackson Hospital and the radiology services at Jackson Hospital were medically necessary

in the treatment of the conditions with which the Plaintiff presented, but the defendant does

not stipulate that all of these conditions were caused by the accident. 

7. The various healthcare providers who rendered treatment to Plaintiff for

the conditions of which she complained charged a total of approximately $49,283.42. 

8. Plaintiff’s health insurer, Blue Cross and Blue Shield of Alabama,

covered the total costs of Plaintiff’s medical treatment less Plaintiff’s deductibles and copayments, by paying the sum of $17,757.27 (as of October 18, 2007) to her healthcare

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providers with any charges over that amount being written off and not collectable from

Plaintiff. 

9. Pursuant to her contract of insurance, Blue Cross and Blue Shield seeks

reimbursement in the sum of $17,757.27 as of October 18, 2007, which it paid to the medical

providers on Plaintiff’s behalf.

10. While not disputing that the fees charged for Plaintiff’s medical

treatment as outlined above are consistent with the charges made by other providers in the

Montgomery County, Alabama area for similar services, Defendant reserves its argument that

the appropriate measure of damages from medical bills is the amount paid by Blue Cross and

Blue Shield and claimed as subrogation in this case rather than the healthcare providers’

actual charges, plus Plaintiff’s deductibles and co-payments.

11. The parties hereto reserve the right to enter into further stipulations as

the case is prepared for trial.

It is ORDERED that:

1. The jury selection and trial of this cause, which is to last 2 days, is set for

December 10, 2007, at 10:00 a.m., in Courtroom 2-E of the Frank M. Johnson,

Jr., United States Courthouse Complex, One Church Street, Montgomery,

Alabama.

2. A trial docket will be mailed to each party approximately two weeks prior to

the start of the term.

3. The parties shall file any requested voir dire questions, motions in limine fully

briefed, and proposed jury instructions and proposed verdict forms with legal

citations thereon, on or before November 26, 2007.

4. The parties are not required to file trial briefs, but if they choose to do so, the

briefs shall be filed on or before December 3, 2007.

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5. Each party shall submit at the time of trial, for use by the court (the judge, law

clerk, and courtroom deputy), four copies of the witness list, exhibit list, and

notebook of pre-marked exhibits.

6. Each party shall submit a sufficient number of copies of exhibits for the jury

and opposing counsel.

7. The parties shall review and comply with the Middle District of Alabama’s

Order on the E-Government Act.

8. The defendant shall have ten days to respond to the plaintiff’s expert

disclosures.

9. All deadlines not otherwise affected by this order will remain as set forth in the

Uniform Scheduling Order (Doc. #7) entered by the court on October 6, 2006.

10. The parties have indicated that there are no other disputes at this time. All

understandings, agreements, deadlines, and stipulations contained in this Order

shall be binding on all parties unless modified by the court. 

Done this 8th day of November, 2007. 

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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