Practices

Biotechnology & Pharmaceutical
Business Litigation
Medical & Healthcare
Professional Liability
Education

J.D., Cumberland School of Law (1984)
B.A., University of North Carolina (1978)
Bar Admissions

Alabama
Courts

United States Supreme Court
U.S. Court of Appeals, 11th Circuit
U.S. District Court, Middle District of Alabama
U.S. District Court, Northern District of Alabama
U.S. District Court, Southern District of Alabama

Robert P. MacKenzie, III
Partner

Bob MacKenzie is a partner at Starnes Davis Florie, having joined the firm in 1984 after completing law school.

Practice

Bob's practice is devoted to handling medical and legal malpractice actions, and commercial litigation. He has tried in excess of 90 civil cases to a jury verdict, involving the defense of physicians, hospitals, lawyers, and commercial institutions. His practice includes cases in Alabama and the Southeast.

Highlights

* Obtained a defense verdict on behalf of an ENT Medical Facility in a trip and fall case resulting in a rare neurologic condition, ultimately leading to surgical implantation of a permanent spinal cord stimulator.

* After nineteen days of trial, obtained judgment as a matter of law on behalf of an internist in a wrongful death case involving allegations of failure to diagnose a liver hematoma in an ICU patient.

* Obtained summary judgment in legal malpractice action arising out of alleged negligent failure to properly construct a multi-million dollar bond issue.  Decision was affirmed by written opinion issued by the Alabama Supreme Court.

* Obtained a defense verdict on behalf of an Emergency Department physician in an eleven day wrongful death trial in the Circuit Court of Mobile County.

* Obtained a defense verdict on behalf of an emergency department physician in a seven-day wrongful death trial.

* Summary judgment affirmed by the Alabama Supreme Court on behalf of a family practitioner who had been charged with the death of a nursing home patient.

* Obtained a jury verdict in favor of a defendant colon and rectal surgeon in a seven-day trial involving the alleged improper cessation of steroid therapy.

* Obtained a judgment as a matter of law in favor of a defendant critical care specialist arising out of the death of a 53 year old female who died in the Intensive Care Unit after being involved in a motor vehicle accident.

* Obtained a jury verdict in favor of a defendant emergency physician in a death of a 38 year old patient who died of a perforated duodenal ulcer 18 hours after being discharged from the emergency department.

* Obtained a jury verdict in favor of a defendant hospital arising out of an admitted error resulting in the patient's death.

* Obtained a jury verdict in favor of an orthopedist for complications secondary to the ligation of the popliteal artery during an arthroscopic procedure.

* Obtained a jury verdict in favor of a dentist arising out of complications of the performance of oral surgery.

* Summary judgment affirmed by the United States Eleventh Circuit of Appeals on behalf of an attorney charged with failing to adequately represent the client in an underlying criminal action.

* Summary judgment affirmed by the Alabama Supreme Court arising out of an attorney's failure to properly investigate potential insurance coverage on behalf of a client in an underlying civil claim.

Honors And Awards

Bob is a member of the American Board of Trial Advocates and previously served on the National Board of Directors.  He is a fellow of the International Society of Barristers and the Litigation Counsel of America.  He also serves as a member of the Executive Committee of the Birmingham Bar Association.  Bob regularly speaks on litigation issues including the defense of physicians and attorneys. 

He has been listed in Best Lawyers in America®, 2008-2011, under the areas of medical and legal malpractice defense, and has been named one of the top attorneys in the state of Alabama by the 2010 edition of Alabama Super Lawyers® magazine. 

Community Involvement

Bob serves as Chairman of the Dean's Advisory Board for Cumberland School of Law. He is the past chairman of the 2005-2006 Cumberland School of Law Alumni Fundraising Campaign and was selected as the school’s "Volunteer of the Year" for 2006. Bob is also actively involved at the Cathedral Church of the Advent.

Reported Cases

Coilplus-Alabama, Inc. v. Johnnie F. Vann; Sirote & Permutt, P.C., No. 1080618 (April 16, 2010).

Elaine Leiser v. Raymond R. Fletcher, M.D., P.C., 978 So.2d 700 (Ala. 2007).

James E. Wade v. Dr. Franklin H. Long, 2007 WL 2459976 (August 31, 2007).

Robert E. Tyler v. Mobile Infirmary Association, Alabama Supreme Court 1041484 (September 14, 2007).

Denbo v. DeBray, 2006 WL 1793755, Ala., June 30, 2006.

Ex parte Mendel, 942 So. 2d 289 (Ala. 2006).

Rutledge v. Freeman, 914 So. 2d 364 (Ala. Civ. App. 2004).

Mobile Infirmary Medical Center v. Hodgen, 884 So. 2d 801 (Ala. 2003).

Elliott v. Van Kleef, 830 So. 2d 726 (Ala. 2002).

Morrow v. Gibson, 827 So. 2d 756 (Ala. 2002).

Taylor v. Stevenson, 820 So. 2d 810 (Ala. 2001).

Ex parte Pfizer, Inc., 746 So. 2d 960 (Ala. 1999).

Marsh v. Wenzel, 732 So. 2d 985 (Ala. 1998).

Continental Cas. Co. v. Brooks, 698 So. 2d 763 (Ala. 1997).

Downey v. Mobile Infirmary Medical Center, 682 So. 2d 442 (Ala. 1996).

Downey v. Mobile Infirmary Medical Center, 662 So. 2d 1152 (Ala. 1995).

Dews v. Mobile Infirmary Ass’n, 659 So. 2d 61 (Ala. 1995).

Mobile Infirmary v. Delchamps, 642 So. 2d 954 (Ala. 1994).

Henson v. Mobile Infirmary Ass’n, 646 So. 2d 954 (Ala. 1994).

Rose v. Rogers, 632 So. 2d 559 (Ala. 1993).

Jefferson Clinic, P.C. v. Roberson, 626 So. 2d 1243 (Ala. 1993).

Williams v. M. Kimerling & Sons, Inc., 611 So. 2d 272 (Ala. 1992).

Thursby v. Dabbs, 599 So. 2d 602 (Ala. 1992).

Glover v. Family Medical Services, Inc., 578 So. 2d 1057 (Ala. 1991).

Rose v. Decatur General Hosp., 571 So. 2d 997 (Ala. 1990).

Horton v. Shelby Medical Center, 562 So. 2d 127 (Ala. 1989).

Howard v. Powell, 522 So. 2d 280 (Ala. 1989).

Holton v. Blue Cross and Blue Shield of South Carolina, 56 F. Supp.2d 1338 (Ala. 1999).

Speeches And Publications

* "Seeking a Recusal: Calling the Judge a Lizard Won't Help Your Cause," The Alabama Lawyer, Vol. 71, No. 3, pages 220-227, May 2010.

* "Review of Placental Pathology and Fetal Inflammatory Response to Infection," 3 Litigation Commentary and Rev. 25 (Jan. 2010).

* "Nine Ways to Avoid a Suit for Legal Malpractice," The Alabama Lawyer, July 2004.

* "The Professional Liability of Attorneys in Amabama," The Cumberland Law Review, Vol. 30 No. 3, 1999-2000.

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