Derryberry Zips Wade Lawhorn, PLLC successfully negotiated a substantial confidential settlement in the high six figures for our female client who was involved in a violent rear end wreck with a large oil field service truck in Corpus Christi, Texas. The oil field service company hired a 23 year old employee and allowed him to permissively operate a company truck without performing any background check on him or providing him any driver training. A simple check of his driving record would have revealed a prior conviction for driving while intoxicated less than two (2) years prior to the company hiring him. The young employee violently slammed into the back of our client’s vehicle as a result of being distracted while driving the truck. Additionally, his cell phone records contained information indicating he was likely on the phone at the time of the violent wreck. This violent wreck caused our client to sustain significant injuries and and also resulted in her vehicle being declared a total loss. Our client sustained injuries, including a broken arm, injuries to her thighs, mild traumatic brain injury and herniated disks in her neck for which her treating neurosurgeon recommended surgery. She had not had the surgery at the time the case was resolved in July, 2015.
On May 18, 2014, plaintiff Lisa M. Brewer (“Brewer”),52, was driving a 2005 Chevrolet 1500 pickup north on State Highway 80 in Luling, Texas. Gerardo Sandoval (“Sandoval”) was southbound in a 2007 Freightliner owned by Downing Transportation Inc. Sandoval suddenly and unexpectedly attempted a left turn in front of Brewer, and the vehicles collided. Sandoval was cited for failing to yield the right of way in connection with the wreck. Brewer was not issued any citations.
Sandoval’s employer was Downing Transportation, Inc. (“Downing”) and he was driving the truck in the course and scope of his employment for Downing or its subsidiary, G&D Trucking Inc.(“G&D”).
Brewer sued Sandoval for failure to yield the right of way and making an unsafe left turn. She sued Downing and G&D on a theory of respondeat superior because Sandoval was employed by one or both of the Defendants and was driving the truck in the course and scope of his employment.
The electronic control module (ECM) download from Brewer’s vehicle showed that she was traveling at an appropriate speed at the time of the wreck. The Defendants did not contest that the wreck was Sandoval’s fault.
Ms. Brewer’s injuries included herniated discs at C5-6, C6-7, L4-5 and L5-S1. Ms. Brewer also sustained injuries to her head, arm and shoulder. Ms. Brewer was transported by ambulance to Brackenridge Hospital in Austin, Texas where she underwent extensive testing and treatment on the date of the wreck.
Ms. Brewer underwent conservative treatment for her injuries, including attempting physical therapy. However, the physical therapy caused her pain and her pain management doctor ordered her to stop it. She underwent a series of epidural steroid injections (“ESIs”) and follow up MRIs of her cervical and lumbar spine were performed at Brio MRI in San Antonio. Her pain management doctor, Dr. Gutierrez, then referred her for a surgical consult with noted neurosurgeon Karl Swann, M.D. in San Antonio. Dr. Swann recommended she undergo an anterior cervical discectomy and cage interbody fusion with allograft and anterior plating at C5-6 and C6-7. This surgery was performed by Dr. Swann on May 13, 2015.
Ultimately, at the request of Defendants, an informal settlement conference was held at Defendants’ attorneys’ office in San Antonio, Texas and the case was resolved.
Top 10 things to do if you are injured by a product:
by Daryl L. Derryberry, Member of Derryberry Zips Wade Lawhorn, PLLC
- Contact a lawyer immediately to prevent the product from being destroyed or disposed of. An attorney can send a spoliation letter to preserve the product for inspection which is crucial to your case. Do not sign any documents prior to consulting with an attorney.
- Obtain the name of the product manufacturer and the make and model number of the product.
- Send all worker’s compensation forms, if any, to your lawyer before signing.
- Take photographs of your injuries if possible.
- Take photographs of the scene of the incident if possible.
- Do not give any written or recorded statements to any insurance company or company representative without consulting with an attorney.
- Immediately seek medical attention at a hospital or from a doctor if you are injured. If you do not seek medical attention, then the insurance company and/or product manufacturer will contend that you delayed in treatment and are not injured.
- If you do not have health insurance, contact an attorney. We may be able to assist you in obtaining medical care.
- Prepare a brief summary of the incident. Our memories fade about the details of an accident as time passes. This is helpful later in jogging your memory of the details of the incident.
- Obtain a police report if one is available.
Daryl L. Derryberry is one of the two founding partners of the firm now known as Derryberry Zips Wade Lawhorn, PLLC (the “Firm”). Daryl and Craig Zips started the Firm in May, 2002 and have enjoyed great success since the Firm’s inception. Daryl’s legal career spans two decades and includes successfully securing jury verdicts and settlements on behalf of his clients in oil rig accidents, 18 wheeler wrecks, medical negligence, products liability, broker malpractice, breach of fiduciary duty and other cases.
GM Halts Pickup Sales While Searching for Air-Bag Fix
The issue affects an undisclosed number of 2015 Chevrolet Colorado and GMC Canyon midsized pickups. The air bags were wired incorrectly, which will disrupt the firing process, the company said in a statement yesterday.
“GM is working to validate the correction for the condition,” Alan Adler, a spokesman for the Detroit-based automaker, said in the statement. “Once that service procedure is released to dealers, customer deliveries can resume.”
The largest U.S. automaker is trying to move beyond a year in which it has recalled almost 30 million cars and trucks in North America. Chief Executive Officer Mary Barra faced four separate congressional hearings over the handling of an ignition-switch recall now tied to 23 fatalities.
GM introduced the Colorado at the Los Angeles Auto Show in November, when it touted the vehicle’s capacity to tow greater loads than Toyota Motor Corp.’s Tacoma model. The Canyon, which sold 11 models in September, is the GMC version of the truck. Colorado sales totaled 36 that month. “The volumes are low and there are very few cars in customer hands,” said John Krafcik, president of TrueCar Inc., an auto-buying website based in Santa Monica, California.
“It comes down to when sales can start again. They’ve started marketing the car, so if a consumer comes in and can’t buy one, then it becomes an inefficiency,” Krafcik said in a phone interview yesterday.
GM is preparing to conduct a safety recall for the trucks, meaning it will notify U.S. regulators and repair the vehicles for free. The company doesn’t know of any crashes, injuries or fatalities connected to the error, Adler said. The automaker has recalled about 26.4 million cars in the U.S. this year. That eclipses Ford Motor Co. (F)’s single-year record of 23.3 million in 2001.
Customers are being notified by overnight letter as well as being contacted by phone to bring their trucks to a dealer as soon as possible, Adler said. Free loaner vehicles will be provided.
To contact the reporter on this story: Jeff Plungis in Washington at firstname.lastname@example.org To contact the editors responsible for this story: Jamie Butters at email@example.com Niamh Ring, John Lear
How disdain for government regulation sparked a “Texas miracle” economy — while tearing down protections for the workers who built it.
Texas saw a decline in the number of people killed on the job in 2013, but the state still leads the nation in workplace fatalities, according to preliminary government data released Thursday.
There were 493 fatal work injuries in Texas in 2013, compared with 536 a year earlier, the U.S. Bureau of Labor Statistics reported. That represents a decline of about 8 percent. The 2013 figures are considered preliminary and will be revised in the spring.
As the Texas Tribune reported in its Hurting For Work series this summer, Texas has led the nation in worker fatalities for seven of the last 10 years. That trend held firm with the release of the 2013 data. Stretching back to 2000, Texas has experienced more job fatalities than any other state for 10 of those 14 years.
Other large U.S. states had significantly fewer workplace fatalities last year: California had 385, while Florida had 234 and New York had 160. (It’s worth noting that Texas has experienced comparatively high employment over the last decade. Since 2003, a third of the net new jobs created in the United States were in Texas).
While fatalities fell overall nationwide last year, deaths among Latino workers went up 7 percent nationwide between 2012 and 2013 — or 797 last year compared to 748 the year before. Texas has a large Hispanic workforce, particularly in the construction industry, but racial and ethnic breakdowns by state weren’t available Thursday.
Transportation accidents, accounting for 213 deaths, caused the most workplace fatalities in Texas, followed by contact with objects and equipment, 76; falls, slips and trips, 73; violence by persons or animals, 66; fires and explosions, 32; and exposure to harmful substances or environments, 31.
Heavy truck and tractor-trailer drivers proved to be the most dangerous occupation in Texas in 2013, accounting for 104 incidents, the data shows.