Ask A Pro: Malott Law Home
Timely Rulings of Interest
Making Stores Safer
In Azar -vs-Wal Mart, Albuquerque attorney Alan M. Malott represented a local mortgage broker who suffered permanent brain damage and needed neck surgery after she was hit in the head by a tool box improperly stocked on an overhead shelf at a Wal Mart in the NE Heights. Malott was able to establish that Wal Mart customers suffered similar injuries more than 20,000 times a year around the US, but the company persists in its dangerous practices. Mrs. Azar’s lawsuit sought actual and punitive damages. Trial was set for November, 2000, when Wal Mart broke with its oft publicized “ fight ‘em all “ approach to customer injury claims and settled with Malott and Mrs. Azar for a substantial sum which is confidential.

Protection for Shooting Victims
Attorney Alan Malott’s work on behalf of the innocent victim of a drive by shooting extends insurance coverage to many more crime victims where a car is involved. John Barncastle was sitting in his car waiting for a red light in Albuquerque’s North Valley one night when an unknown pick up came to a stop next to him. A passenger jumped out and shot Barncastle in the neck with a large caliber handgun. Barncastle barely survived, then was faced with huge medical bills. His insurance company denied coverage under his policy, claiming the incident was not covered because the shooter wasnt sitting in a car when he pulled the trigger. Malott, a victim’s attorney for more than 20 years, disagreed and sued the insurer all the way through the NM Court of Appeals. In Barncastle -vs- ANPAC , the New Mexico Court of Appeals ruled that crime victims are covered by their own insurance when a car is involved in the commission of the crime.
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