Welcome to Donahue & Associates LLC
When Donahue & Associates was
created 10 years ago, we had one goal in mind: We wanted to provide
skilled, competent representation for our clients, in the timeliest
manner possible. Over time, that goal has not wavered. Year after
year we continue to achieve this goal through our practice in state
and federal courts throughout Alabama.
Donahue & Associates, LLC provides effective representation
based on a personal relationship with our clients. We are
committed to making the justice system work for you, not against
you. And because we are a smaller firm, we provide unparalleled
personal service for our clients.
I invite you to contact Donahue & Associates, LLC. Get to know
us as we get to know you. With our experience and depth of
knowledge, we will provide expert legal representation, along with
the exceptional personal touch each of us brings to our work every
- Alabama Municipal Insurance
- Amerisure Insurance
- McDonalds Corporation
- Coastal Insurance Company
- Markel Insurance Corporation
- Risk Reduction
- Millennium Risk
- Associated General Contractors
- State Auto Insurance Companies
- Crawford & Company
- Cunningham Lindsay
|Donahue & Associates LLC
1020 22nd Street South
Birmingham, Al 35205
- Governmental Entities and Municipal Law
- Construction Defect Litigation
- Insurance Defense
- Worker Compensation Defense
- Title VII and related Discrimination defense
- Product Liability
- Bad Faith Insurance
Donahue & Associates North Alabama Office
& ASSOCIATES, LLC
is proud to announce that
Timothy P. Donahue and A.
Donald Scott, Jr. successfully defended a lawsuit against McDonalds
Corporation and its franchisee, CLP Corporation.
In Eads v. McDonalds, et
al., the plaintiff claimed that she sustained injuries after she was
hit by a vehicle exiting the drive-thru at the restaurant.
The driver of the vehicle, also a defendant in this action,
claimed that he was blinded by the sun and did not see the plaintiff.
The plaintiff claimed that McDonalds and CLP had a duty to keep
the premises free of danger and/or warn invitees of any potential
danger. The case was tried before the Honorable Hewitt L. Conwill, who
ruled that the plaintiff failed to provide evidence that McDonalds and
CLP breached any duties to the plaintiff.
Although a landowner is required by law to keep their premises
reasonably safe and to warn invitees of known dangers, there is no duty
to warn invitees from dangers that are open and obvious.
Additionally, on the issue of negligence, the jury returned a
verdict in favor of the driver.
The plaintiff appealed the Court’s ruling and the jury’s verdict
to the Supreme Court of Alabama who affirmed the defense verdict without
DONAHUE & ASSOCIATES, LLC
is proud to announce that
Timothy P. Donahue, Jr. successfully
defended a lawsuit against CLP Corporation, a franchisee of McDonalds
Ronnie Wabbington v. CLP
Corporation, the plaintiff claimed that he sustained injuries after
he slipped and fell in a puddle of water inside a McDonalds’ restaurant.
Mr. Donahue filed for summary judgment and presented evidence
that the water complained of by the plaintiff was an “open and obvious
danger” and that the plaintiff testified that he not only saw the water
prior to falling, but also saw the warning sign posted by employees of
the restaurant prior to his fall.
Plaintiff argued that CLP had a duty to keep the floors clean and
dry. After oral argument,
the Court agreed that CLP did not breach any legal duty owed to the
plaintiff and summary judgment was granted.
In Smith v. Wachovia Bank, appealed from CV-07-2883 in the
Circuit Court of Jefferson County, Michael successfully appealed the
trial court’s judgment against his client, Smith. In reversing the
trial court’s decision, the Alabama Supreme Court agreed with Michael’s
argument that a power of attorney is not the legal equivalent of a
contract in Alabama, and any claim for the “breach” of a power of
attorney is actually a tort claim for breach of fiduciary duty, which –
like all tort claims – expires upon the death of the allegedly injured
party pursuant to the Alabama Code.
Donahue and Associates, LLC is pleased to
announce the opening of its North Alabama office beginning July 1, 2012.
The Office is located at:
205 South Seminary Street
Florence, Alabama 35630