Alex Gressett

Associate

Alex is an associate attorney with Helmsing Leach and practices general civil litigation with a focus on the representation of healthcare providers.

A native of the Alabama Gulf Coast, Alex graduated summa cum laude from the University of Alabama with a bachelor’s degree in marketing. Alex earned her J.D. from Cumberland School of Law at Samford University. While in law school, Alex served as the Online Research Editor of the Cumberland Law Review and published an article in Vol. 53 on website accessibility and the Americans with Disabilities Act (ADA).

Areas of Focus

An expert in healthcare-related litigation commercial litigation, construction litigation, medical malpractice defense, personal injury litigation defense and professional malpractice law defense, Win has been recognized as a top lawyer in the U.S. since 2009. Win is passionate about defending his clients in complex matters.

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Professional Affiliations

Significant Cases

Lillie Ree McGaster v. South Baldwin Hospital: Medical malpractice case personal injury case involving an alleged retained sponge that migrated through the wall of the Plaintiff’s duodenum. The trial court granted the defendant hospital’s motion for judgment as a matter of law at the close of the Plaintiff’s evidence because the plaintiff did not have a causation expert. Plaintiff appealed and the Alabama Supreme Court ruled in favor of the appellee/hospital and upheld the trial court’s judgment as a matter of law.
Katherine Middleton v. Lightfoot and Lightfoot Surgery, P.C.: A wrongful death medical malpractice case where the Mobile County jury returned a verdict in favor of the defendant physician. Plaintiff appealed and alleged that the introduction of evidence in cross examining Plaintiff’s retained expert regarding a prior lawsuit was inadmissible and unduly prejudicial. The Alabama Supreme Court ruled in favor of the appellant/plaintiff and ordered a new trial. The case was tried a second time and resulted in a second defense verdict. The Plaintiff did not appeal.
Tobiason v. Sawyer: A personal injury malpractice case where the defendants filed Motions to Dismiss based on the Plaintiff failing to file the lawsuit within the applicable two year statute of limitations. The trial court denied the Motions to Dismiss but granted the defendant’s motions to certify the order as an appealable interlocutory order. The Alabama Supreme Court ruled in favor of the appellant/defendants and concluded that the Plaintiff had failed to timely file the lawsuit within the applicable statute of limitations period.
In Re Ernest Shaw: A wrongful death medical malpractice case, where the Plaintiff, after discovery had been completed, amended the Complaint to correctly name the hospital where the care at issue occurred. However, the statute of limitations had expired and the newly named defendant hospital filed for a Motion to Dismiss the lawsuit. The trial court denied the Motion to Dismiss and the defendant hospital petitioned the Alabama Supreme Court for a Writ of Mandamus directing the Circuit Court to grant the Motion to Dismiss. The Alabama Supreme Court ruled in favor of the appellant/hospital and held that the Plaintiff had failed to timely name the correct hospital within the statute of limitations.
Alvarado v. The Estate of Kidd: A wrongful death medical malpractice case filed against numerous healthcare providers. The lawsuit, as originally filed, stated that the decedent’s husband was the appointed personal representative of the estate. Unfortunately, the husband had not been appointed the personal representative prior to the filing of the lawsuit and, furthermore, the statute of limitations had expired ten days after the husband was properly appointed by the probate court. The defendants filed a Motion to Dismiss which was denied by the trial court, however, motion for a permissive appeal on the issue was submitted to the Alabama Supreme Court. The Alabama Supreme Court ruled in favor of the defendants and concluded that the filing of the lawsuit by the husband before he was appointed the personal representative was a nullity, therefore, the defendants’ Motions to Dismiss were granted and the case dismissed with prejudice.
In Re Connie Snow: A wrongful death medical malpractice case where numerous discovery issues pertaining to Ala. Code §§ 22-21-8 and 6-5-551 were at issue. The trial court had ruled in favor of the Plaintiffs on the discovery issues and the defendant filed a Petition for Writ of Mandamus, which was granted by the Alabama Supreme Court. The Alabama Supreme Court, in a lengthy opinion, concluded that the statutory limitations/privileges afforded by Ala. Code §§ 22-21-8 and 6-5-551 were properly raised by the defendant hospital and the defendant did not have to respond to numerous discovery requests based on these statutes.
In Re Lula Battle: A wrongful death medical malpractice case where the defendant hospital filed a Petition for Writ of Mandamus related to a paragraph in a Protective Order that the defendant hospital argued that it violated Ala. Code §6-5-551. The Alabama Supreme Court granted the Petition and issued a writ in favor of the defendant hospital concluding that the paragraph in the Protective Order was prohibited per Ala. Code §6-5-551.
In Re John McBride: A personal injury medical malpractice case where the lawsuit was filed two years after the alleged medical malpractice by the defendant hospital. The trial court denied the Motion to Dismiss filed by the defendant hospital and the defendant hospital filed a Petition for Writ of Mandamus, which was granted by the Alabama Supreme Court. The Alabama Supreme Court concluded that the two-year statute of limitations had expired, there the lawsuit was to be dismissed against the defendant hospital.

Case Category or Practice Area

Significant Cases

Case 1

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Case 2

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Case 3

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Speeches

National Business Institute Seminar “How to Get Your Social Media, Email & Text Evidence Admitted (and Keep Theirs Out)”

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National Business Institute Seminar “How to Get Your Social Media, Email & Text Evidence Admitted (and Keep Theirs Out)”

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National Business Institute Seminar “How to Get Your Social Media, Email & Text Evidence Admitted (and Keep Theirs Out)”

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