Morgan Sheriff Ana Franklin wreck lawsuit ordered to mediation

March 22--A Baldwin County Circuit Court judge has ordered a civil lawsuit filed by a couple injured in an automobile accident last summer with Morgan County Sheriff Ana Franklin be sent to mediation for a possible settlement.

Judge Jody W. Bishop this week referred the case to mediation and named Mobile attorney Michael Upchurch as mediator.

Upchurch, a member of the Frazer, Greene, Upchurch and Baker firm, is a certified mediator and has mediated about 1,200 cases since 1993, according to the firm's website. He is also a certified arbitrator.

Hubbard and Martha Hall filed a lawsuit against Franklin in September asking for an unspecified amount of compensation for the injuries and damages they sustained due to Franklin's alleged negligence and recklessness, court records show.

Franklin's attorney, Randall McNeil, provided by the county insurance provider, said in a motion to dismiss the lawsuit that the state constitution gives sheriffs immunity from civil lawsuits if they are acting within the line and scope of their duties.

The Halls' lawsuit said they were severely injured in June when Franklin turned her Ford Expedition into the path of their Toyota Corolla on Alabama 287 north of Bay Minette near an Interstate 65 interchange.

Bishop said in his order that all in-court proceedings will be put on hold for 60 days from the date of the mediation order. But, he said, mediation won't interfere with discovery or other time requirements.

"The parties shall contact the mediator immediately to schedule mediation," Bishop said in his order.

Upchurch will schedule a mandatory meeting for all parties, their attorneys and insurance representatives, if insurance is involved, Bishop said.

The Halls' attorney, Britt Bethea, did not return a message Tuesday seeking comment.

Randall McNeill, a Montgomery attorney who represents Franklin through the county's liability insurance provider, does not comment on pending cases.

Bishop on Monday scheduled a motion hearing for May 23 and a status review on July 24 in the Baldwin County Courthouse in Bay Minette.

Meanwhile, Hubbard Hall has been charged with murder in the Feb. 21 shooting death of his son, Mark Hubbard Hall, with a pistol, according to court records. He was released from Baldwin County Jail on $100,000 bail.

keith.clines@decaturdaily.com or 256-340-2438. Twitter @DD_KeithClines.

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