Biography
With over 36 years of litigation experience, Gerald Swann has taken numerous cases to verdict and/or arbitration decision. He has handled cases in 60 of Alabama’s 67 counties.
Originally from Ashville, Alabama, Gerald is a partner in the Montgomery office who practices in the areas of construction litigation, products liability, serious personal injury, and wrongful death. He has represented both commercial and residential contractors in disputes over construction quality and job site injuries. Additionally, Gerald has focused a large part of his practice on personal injury claims arising out of the use of products in both the private sector and industrial settings.
He is an AV-rated lawyer, admitted in all state and federal courts in the State of Alabama and the Eleventh Circuit Court of Appeals. Gerald has served as a member of the Board of Directors of the Alabama Defense Lawyers Association (ADLA) and recently served as President (2021-2022). He is also a member of the Alabama State Bar, the Association fo Defense Trial Attorneys, and the Montgomery County Bar Association.
Gerald has served on the faculty of ADLA’s Deposition Boot Camp, which is held each spring to mentor young lawyers. He has been honored by the Government Employees Insurance Company (GEICO) with its Partner in Excellence Award. He has also been published in the Alabama Defense Lawyers Journal and Primerus Paradigm, served as a speaker for Frankenmuth Insurance’s Lunch and Learn series, and member of the 2015 National Academy of Jurisprudence Premier 100. Gerald has completed the OSHA Work Place Safety training course and holds an Alabama Home Builders Graduated Associate certification.
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He is a 1983 graduate of the University of Alabama, where he played football for the legendary Coach Paul "Bear" Bryant from 1979 to 1983. Gerald received his Juris Doctorate from Samford University Cumberland School of Law in 1986.
Gerald has been active in numerous community boards and organizations, including the Montgomery Ballet Board, Dixie Youth Baseball, 2011 Tuscaloosa Tornado Relief, Jimmy Hitchcock Award Committee, and United Way. He has also served as Chairperson of the Athletic Committee at the Montgomery Academy. He spearheaded the Alabama Defense Lawyers’ first statewide Community Service Project in 2021.
Gerald and his wife Denise have two children and two grandchildren. They attend the First Baptist Church of Montgomery where they have each taught Sunday School and are involved in other church activities. An avid outdoorsman, he also enjoys travel, golf, Samford baseball, and Alabama football.
Legal Assistant
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NewsMay 2013 – Ball, Ball, Matthews & Novak Attorneys Selected for 2013 Alabama Super Lawyers
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Notable Cases2017 – Alabama Supreme Court affirms trial court’s order granting defendant homeowners carrier’s motion for summary judgment wherein plaintiff asserted claims of breach of contract and bad faith. (Alabama Supreme Court Case No: 1131074) 2017 – Following a week long trial, obtained a verdict in favor of the defendant insurer, with a finding that the insurance policy at issue did not provide coverage for the claims asserted by the plaintiff. (Lee County) 2017 – Summary Judgment in favor of insurer as to bad faith claims asserted by the plaintiff/insured. (Autauga County) 2016 – Successfully defended insurance company in connection with breach of contract and bad faith claims. Following a trial of the matter, the jury returned a verdict below the amount offered by the insurer before trial. (Geneva County) 2015 – Successfully defended insurance company in trial concerning payment of insurance benefits, with verdict returned being less than amount offered before trial. (Dale County) 2015 – Summary judgment entered in favor of homeowners insurance carrier as to the breach of contract claims asserted against carrier by 130 individual plaintiffs. (Calhoun County) 2015 – Summary judgment entered in favor of homeowners insurer concerning the plaintiffs’ claims of breach of contract, fraud and bad faith. (Tuscaloosa County) 2015 – Summary judgment entered in favor of timber dealer and against plaintiff, who suffered serious injuries resulting in over $500,000 in medical bills. (Calhoun County) 2015 – Successfully defended class action claim made against homeowners insurer. Following the class certification hearing, the trial court entered an order denying the plaintiff’s motion for class certification. (Chambers County) 2014 – Prevailed on appeal to the Alabama Supreme Court concerning the trial court’s ruling against homeowners insurer. Alabama Supreme Court held that trial erred in ruling against insurer and reversed the judgment of the trial court. (Baldwin Mutual Insurance Company v. Adair, 181 So. 3d 1033) 2014 – Summary judgment rendered in favor of homeowners insurer concerning the insured’s claims of bad faith. (Northern District of Alabama) 2014 – Summary judgment entered in favor of homeowners insurer as to the plaintiffs’ claims of bad faith. Christian v. Country Mutual Insurance Company, 2014 WL 2434294 (N.D. Ala. 2014) 2013 – Successfully defended homeowners insurer in connection with Plaintiffs’ claims of fraud, conversion and breach of contract. Following jury trial, case settled while case was on appeal to the Alabama Supreme Court. (Marion County) 2013 – Defendant’s verdict at the conclusion of jury trial wherein the plaintiff alleged personal injuries caused by the defendant. (Montgomery County) 2013 – Summary judgment rendered in favor of homeowners insurer as to plaintiff’s claims of breach of contract and bad faith. (Chambers County) 2013 – Summary judgment rendered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (Clay County) 2013 – Summary judgment entered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (Escambia County) 2012 – Summary judgment rendered in favor of homeowners insurer with respect to plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (Marion County) 2010 – Successfully defended homeowners insurer against plaintiff’s claims of breach of contract and bad faith. After week long jury trial, jury returned a verdict in the amount of $46,000. Plaintiff asked the jury to return a verdict in the amount of $2 million. (Bibb County) 2009 – Alabama Supreme Court affirms trial court’s order granting summary judgment in favor of insurer as to plaintiff’s underinsured motorists claims. (Kendall v. USAA, 23 So. 3d 1119)
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Other Reported DecisionsHarris v. Preskitt, 911 So. 2d 8 (Ala. Civ. App. 2005) – Trial court’s order enforcing settlement affirmed on appeal. Burt v. Shield Insurance Company, 902 So. 2d 692 (Ala. Civ. App. 2004) – Summary judgment in favor of defendant insurer affirmed on appeal. Rosen v. Montgomery Surgical Center, 825 So. 2d 735 (Ala. 2001) – Order dismissing plaintiff’s claims affirmed by Alabama Supreme Court.
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Attorney Testimonials"I have worked on a case in opposition to Mr. Brittain. He is a very professional and competent attorney." "Evans is an excellent attorney and well respected member of our local bar." "I have worked up 3-4 cases against Evans and he has always been the consummate professional..." "Evans is a fine lawyer and works hard for his clients."