Our Civil Court Case before the Alabama Supreme Court


After much soul searching and prayer, the Families filed a civil law suite against the Truck Driver, the Trucking company, and the Employee Leasing company. We felt that each of these parties were responsible for the wreck. We realized that in order for change to take place, the cost of irresponsible actions must exceed the profits that they generate for the companies involved. 

The civil court case took place in Jefferson County Alabama. Because there were four victims and multiple parties to the suite, it was a very long and painful ordeal, lasting nearly 2 weeks. We won a very large jury award, but soon learned that the Employee Leasing Company, ATS of Georgia, appealed to the Alabama Supreme Court.

The case took a very long time to work it's way through the system, but on  April 25, 2003, the Alabama Supreme Court ruled against us and released ATS, the employee leasing company from all liability in our case. They ruled that ATS was not the “real employer” even though they still are very involved with the safety management of the drivers.
We filed for a reconsideration, but on October, 3, 2003,the Alabama Supreme Court denied our request for reconsideration and released ATS from all liability in our case. We will be adding more information about the case to this web site soon. We must do all we can to prevent these companies fro making the same mistake again. They need to see that their lack of policies about placing unsafe drivers on the road before checking with the previous employers did contribute to Justin's death.

You can read the decision at:

-http://caselaw.findlaw.com/ (Alabama Supreme Court decisions)


Below are copies of a few of the different letters that were sent concerning the court case against ATS of Georgia. Reading these will help you understand our concerns and the reason for filing the civil suits. We have listed only the letters written to Judge Roy Moore, but each Justice received similar letters. We were very disappointed in all of the Supreme Court Justices, but especially Judge Roy Moore. He did the very thing he accuses the other justices of doing in his Ten Commandments Case, he ruled against us based on the outcome of previous cases, not on the intent of the law.

-Letter 1 to Judge Roy Moore.

-Letter 2 to Judge Roy Moore.

-Letter 3 to Judge Roy Moore.

-Letter 4 to Judge Roy Moore.

-Letter 5 to Judge Roy Moore.

-Roger Walker's Employment Acceptance with ATS.

-Our letter to ATS after we lost our case.

-The Reality of PEO'S (Professional Employment Organizations).


To illustrate the inconsistencies in the law about employee leasing, a recent case in the United States Tax Court found TLC (Transport Labor Contract/Leasing), the parent company of ATS, to be the employer of the truck drivers that they lease to companies such as Mercer. They used the same arguments as we did to prove that leasing companies exercised enough control over the drivers to be considered the employer.

Using the very same tests, the Alabama Supreme Court says that they are not the employer, while the US tax court says that they are. Until this confusion is ended, the leasing companies will continue to mislead trucking companies about who will be responsible for the driver’s actions.

If you would like to read about their decision, follow this link to the -US Tax case against TLC