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LARGE v. HAYES BY AND THROUGH NESBITT

87-456, 87-457.

534 So.2d 1101 (1988)

E. Ray LARGE v. Stephanie HAYES, a minor, by and through her guardian ad litem, Charles R. NESBITT; and Artis Hayes. Jerry L. THORNTON v. Stephanie HAYES, a minor, by and through her guardian ad litem, Charles R. NESBITT; and Artis Hayes.

Supreme Court of Alabama.

September 30, 1988.

Attorney(s) appearing for the Case

Frank M. Bainbridge of Porterfield, Scholl, Bainbridge, Mims, & Harper, Birmingham, for appellant E. Ray Large.

Sterling G. Culpepper, Jr., of Balch & Bingham, Montgomery, for appellant Jerry L. Thornton.

H. Lewis Gillis, Montgomery, for appellee Stephanie Hayes.

Larry L. Raby, Montgomery, for appellee Artis Hayes.

Stephen D. Heninger of Heninger, Burge and Vargo, Birmingham, for amicus curiae The Alabama Trial Lawyers Ass'n.

Karon O. Bowdre of Rives & Peterson, Birmingham, for amicus curiae The Alabama Defense Lawyers Ass'n.

HOUSTON, Justice.

The gist of this action is a claim that E. Ray Large and Jerry L. Thornton, as attorneys for Stephanie Hayes, a permanently brain damaged minor, breached their duty to Stephanie in the settlement of an underlying medical malpractice case, by collecting a 50% fee from monthly annuity payments in accordance with a settlement approved by the Circuit Court of Montgomery County, Alabama.1 In count I, Stephanie, through her...

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