Significant Cases
Recent Notable Cases2008 In September 2008, the firm settled the case of a UP brakeman injured while jumping from a moving train. The train was performing a reverse movement at the time of the incident, which was approximately 3:00 a.m. in the morning. The brakeman was protecting the shove and noticed a missing piece of rail ahead. Prior to the train derailing, the brakeman jumped from the train, sustaining permanent injuries to his neck, back, and shoulder. The brakeman's injuries prevented him from returning to work for the railroad. The case settled for a confidential amount. In August 2008, the firm settled the case of a BNSF locomotive engineer injured when the company van he was in backed into a concrete-filled pole. The locomotive engineer sustained a permanent neck injury that prevented him from returning to work in his previous occupation. The railroad and van company contended that the impact was incapable of causing injury based on the fact that the van sustained less than $300 in property damage. Through the testimony of a co-worker located in the front seat of the van and biomechanical and medical experts, the firm demonstrated that the engineer's injuries were caused by the incident and successfully settled the case for a confidential amount. On April 23, 2008, the firm recovered a judgment from B & M Seating on behalf of Mandy Norman. Ms. Norman received serious injuries to her left arm and face when the seat back of the forward fishing chair broke and she fell overboard and was struck by the propeller. The boat was a 17' Crappie 175 fishing boat, model year 2001. The boat was manufactured by Tracker Marine in August 2000 and sold in 2001 by Bass Pro Outdoor World. The pedestal with warnings to not sit in the seat when moving over 5 mph was manufactured by Swivel-Eze. Tracker Marine, Bass Pro Outdoor World, and Swivel-Eze settled for a confidential amount before trial. The case was tried as a product liability case in admiralty against B & M Seating. This case was recently named Verdict Search's Verdict of the Week in the State of Texas. 2007 The firm settled two cases in Louisiana where two young men were killed in an auto and pickup accident. Prompt investigation and the retention of accident reconstruction and toxicological experts played a pivotal role. The experts' conclusions and opinions were depicted in computer generated animations that were incorporated into convincing settlement presentations by video. In the criminal prosecution that followed, the State of Louisiana used the toxicological expert that had originally been retained by the firm to obtain a 20 year prison sentence. The case as to one decedent was settled for $5,400,000 with expenses of $166,976.16 and attorneys fees of $1,800,000 for a net to the clients of $3,433,023.84. A second family settled for $2,200,000 with expenses of $26,610.95 and attorneys fees of $733,333,33 and net to the client of $1,437,667.72. 2006 The firm was hired to represent the family of a young lady who was killed in a truck/pedestrian accident. All the witnesses were truck drivers, but through accident investigation using GPS records from the trucking company, physical evidence from the vehicles and the road way, enhanced photography and computer animation, the firm was able to conclusively demonstrate that the truck driver caused the accident and the case settled. The firm settled a two truck collision accident where two witnesses at the scene testified the client's decedent entered the intersection on a yellow light that turned to red before the collision. The firm performed surveillance that demonstrated that all other truck drivers from the same company entered the same intersection from a lane that would have prevented this accident and death from occurring. The case was settled. The firm was hired to represent workers who were injured in the largest industrial accident in U.S. history, obtaining settlements without the necessity of time-consuming litigation. 2005 The firm settled a railroad crossing case where three deaths occurred. The lawsuit was against the railroad and the contractor who was required to clear the crossing of vegetation and site obstructions. Through computer generated reconstruction the firm was able to depict the impact the vegetation had on the driver's inability to see the train. A settlement was obtained. The firm settled an industrial accident death case where the worker was crushed while working on a conveyor belt. Although the worker was actually on the belt at the time of the event, he was not provided the proper equipment to perform the work. A settlement was obtained. The firm was associated to represent a geologist who had been denied his over-riding royalty for his work in developing an oil field. The case was successfully tried to a verdict and then settled. 2004 The firm represented the family of a lady who had been arrested for DWI and was placed in a squad car. A portion of the squad car was in the travel portion of the road and was struck by an 18-wheeler causing the squad car to burst into flames, killing the lady who had been arrested while she was handcuffed. The trucking company tendered its policy limits to settle the case. The firm settled an industrial accident death case where a worker was crushed to death while removing crated sky lights from a truck. The case settled when the evidence showed an alien worker who obtained his social security card at a flea market was operating the equipment and had little or no qualifications. The firm was hired to represent the family of a gentleman who was killed when his truck was struck head on by another truck. Computer generated accident reconstruction helped obtain a settlement to the family's satisfaction. A railroad worker hired the firm to represent him to pursue a claim under the Federal Employer's Liability Act. In response, the railroad claimed that the worker was negligent in that he positioned himself at the back of the train and that there was no slack in the train as it backed up as alleged by the worker. Through the application of physics with the aid of accident reconstruction, the case was settled to the client's satisfaction. Cases In ProgressAviation The firm has been retained to represent the family of a passenger who was killed when a charter plane was flown into a mountain side in Mexico. Initial reports indicate that the pilot tried to navigate the flight by visual flight rules when the conditions required instrument flight rules. The firm has hired an ex-astronaut who was a member of the Challenger investigation team to assist as its expert witness. Auto -Domino's Pizza Delivery In the 70's Domino's Pizza used as part of its ad campaign the "30 Minute Guarantee". Many Domino's drivers were speeding to comply with the guarantee and consequently causing serious accidents. One such accident rendered a lady a quadriplegic. In 1993 a jury awarded $80 million in damages. The case was ultimately settled and Domino's suspended the "30 Minute Guarantee". The ad program was retooled 14 years latter with a new ad firm as "You Got 30 Minutes". It was initiated in the Houston market in December, 2007 and only a few days later a young LaPorte teenager was struck by a Domino's driver and is brain damaged. Suit has been filed and is expected to be tried in May, 2009. The firm has been retained to pursue claims against a plumbing company because of injuries sustained in a violent collision caused by the driver of the plumbing company failing to yield to the right of way. Our client has undergone two major back surgeries and has been unable to work for over two years. Suit has been filed and is expected to be tried in May, 2009. The firm has been retained to pursue claims against property owners and the owner of cattle thereon for injuries sustained when our client's vehicle collided with a cow that was roaming on the roadway. Our client has sustained serious injuries and has required significant medical treatment. It is alleged that the fence on the property was negligently maintained. The case is pending in Galveston county and will be tried in mid-2009. Premises The firm has been retained to represent an oil field worker who was struck in the head by a filter from a dehydration unit. The filter selected by the owner and operator of the field was wrong for this application. The case is scheduled for trial in Fairfield, Texas in December 2008. The firm has been hired to represent an equipment operator who was injured at a plant on the ship channel when he fell into a hole filled with hot liquid where the drain cover had been removed. The worker sustained serious 3rd degree burns to his legs. The firm has been retained to represent a scaffold builder who was injured when he was ordered to dismantle a scaffold another scaffold company had erected. He was knocked from the scaffold by another worker who had fallen when a support structure gave way. He has received serious back injuries. The case is pending in Beaumont state court. Boating The firm has been retained to represent the parents of a young adult who was thrown from a boat that ran into a bulk head and drowned. The operator had been drinking. Product Liability The firm has been retained to pursue a claim where a Michelin tire failed and the vehicle rolled. The family received serious injuries with one passenger sustaining a broken neck. The tire was sent to the manufacturer for testing and they lost the tire. Under the doctrine of spoliation, there will be a presumption that the testing would have been unfavorable. The firm has been retained to pursue product liability claims against Yamaha for injuries sustained by a young man while he operated a Yamaha Rhino. A few weeks after purchasing a brand new Yamaha Rhino, a gentleman was cautiously operating the all terrain vehicle (ATV) on his parent's private property when it unexpectedly rolled over and crushed his lower leg. The young man had to be transported via life flight, underwent significant surgeries, and now has permanent damage to his lower leg. There is currently a significant amount of litigation concerning the design of the Yamaha Rhino because a lot of people have been severely injured in slow speed rollovers. This particular matter is pending in Federal Court and will be tried in 2009. Trucking The firm has been retained to try a case in Lufkin, Texas where a Pilgrim's Pride truck failed to yield the right of way and pulled in front a driver on his way to work. He sustained serious injuries. The case will be tried after the first of the year. |
