A court-ordered mediation is set to take place this week in the Hale County Circuit Court for the ongoing civil lawsuit regarding the July 4, 2018, boating accident near Moundville that resulted in two deaths and left others badly injured. This development comes as a new development in the trial that had only just entered its post-jury selection phase last week.
The accident involved Richard Latham Jr., who was piloting the boat at the time of the fatal collision. Latham has previously faced criminal charges in connection with the incident. In a prior hearing on May 17, 2023, he entered a guilty plea to two counts of reckless manslaughter three assault charges in Hale County Circuit Criminal Court, resulting in a 20- month prison sentence followed by 60 months of supervised probation. The plea agreement also included Latham’s participation in an alcohol treatment program.
The civil suits involve a multitude of claims, including wrongful death, negligence, wantonness, and product liability, targeting not only Latham but also boat manufacturer Chaparral Boats Inc., and several insurance entities, including State Farm, ALFA Insurance, and Lloyd’s of London. While the initial civil complaints do not cite an exact figure for damages similar cases have led to multi-million dollar settlements or jury awards.
Last week’s trial commencement at the Hale County Courthouse in Greensboro was intended to streamline the trial of various related lawsuits brought by the estates of the deceased and the injured passengers. Their lawsuits seek compensatory damages for medical expenses and other incurred costs, as well as punitive damages intended to censure the alleged negligence and wantonness of the defendants.
However, following jury selection and the onset of trial proceedings, the presiding judge, Circuit Judge Marvin Wiggins, halted the trial to allow the parties to engage in mediation.
Set for March 21, 2024, at 9:00 a.m. in Greensboro with Reggie Copeland mediating, this step indicates the court’s inclination toward facilitating a resolution outside of the trial process. All plaintiffs and defendants are mandated to be present with their legal counsel, as well as any individuals with the authority to negotiate and settle the case on behalf of the parties involved.
The court’s decision underscores the gravity and complexity of the case, with approximately $40 million believed to be at stake if the matter progresses to a jury trial. The mediation process may culminate in confidential agreements, a common outcome that typically prevents public disclosure of the settlement terms.
In the event that mediation does not yield a settlement by the court’s deadline, the trial will reconvene with the selected jury on April 1, 2024.
