VERDICT SEARCH REPORTS A $1,100,000.00 SETTLEMENT BY THE TYLER, TEXAS FIRM OF DERRYBERRY ZIPS WADE LAWHORN, PLLC IN AN 18 WHEELER CASE

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Pictured from left to right: Tab E. Lawhorn, Daryl L. Derryberry, Guy I. Wade, III and Craig D. Zips “Keeping Your Community SAFE One Case At A Time”

On Jan. 13, 2016, plaintiff Demon Savage, early 40s, was driving on State Highway 37 near Mineola. A tractor-trailer was traveling toward him in the oncoming lane with an oversize cargo: a manufactured home. The truck driver was in the course and scope of his employment with GKD Management L.P., and the cargo had been loaded that morning in Bonham at a manufacturing plant owned by CMH Manufacturing Inc. The cargo was being delivered to a destination in Louisiana. As Savage’s vehicle and the 18-wheeler approached each other, one or more boards flew off the trailer of the 18-wheeler, and one lodged itself in Savage’s windshield. Savage lost control and went off the road. Savage claimed lower back injuries.

The type of board that came off the truck is called oriented strand board, or OSB. The parties also referred to it as roof planking. It was being used to secure the plastic wrap that had been wrapped around the manufactured home for transport to Louisiana.

Savage sued GKD Management L.P., operating as A&G Commercial Trucking. GKD filed a third-party claim against CMH Manufacturing Inc., operating as Clayton Homes-Bonham. Savage then added claims of his own against CMH.

Savage alleged negligence against both companies on a theory of respondeat superior, based on their employees’ conduct, and neither of the defendants disputed the issue of course and scope of employment. Against CMH, Savage also alleged direct negligence, for negligent hiring, training and retention.

Against GKD, Savage alleged that its driver violated Federal Motor Carrier Safety Regulations, including CFR section 393.100, which generally requires truck drivers to secure their cargo and keep it from blowing or falling off.

Savage further alleged that GKD’s driver performed only a haphazard inspection of the cargo before starting his trip. He did not use a ladder to inspect the cargo from on top. Even though the top of the cargo was 14 feet above the ground, all he did was walk around it while standing on the ground, plaintiff’s counsel said.

Savage also alleged that GKD’s driver failed to perform an in-transit inspection within the first 25 miles as required by GKD’s policies and procedures and by Federal Motor Carrier Safety Regulations.

Savage further alleged that GKD’s driver failed to perform any in-transit cargo inspection during the trip. If he did perform an in-transit inspection, it was not documented.

After the incident, GKD’s driver kept going. Savage was able to pull back onto the road and follow him. When GKD’s driver eventually stopped for some unrelated reason, Savage told him what had happened, and he provided Savage with all the required information.

Plaintiff’s counsel noted that GKD’s driver never reported the incident to police and that the incident took place off of the route that the Texas Department of Motor Vehicles had prescribed for the trip. That is, the driver had deviated from the route, and plaintiff’s counsel argued that was the reason he did not call the police. Generally, deviating from the route is a crime, for both the driver and his employer.

As to CMH, Savage alleged negligence on the part of the CMH employee in charge of wrapping the cargo with plastic wrap and securing it with OSB on the morning of the trip. He failed to wrap the cargo properly and secure the plastic wrap properly, Savage alleged.

The basis for the direct negligence claims against CMH was that this employee had numerous performance reviews with CMH indicating that his work quality was “poor.”

Both defendants initially questioned whether the board in question came from GKD’s truck or not. However, it became clear during discovery that it did.

Savage claimed lower back injuries. He testified that when his vehicle left the road, it bounced violently over the terrain until it came to a stop.

Savage was seeking about $193,000 for past medical bills; about $530,000 to $585,000 for future medical bills, including future surgeries and a little less than $1 million for lost earning capacity and lost household services. He was also seeking past and future physical pain, mental anguish, physical impairment and disfigurement.

The defense argued that all the complaints and treatment that Savage attributed to the incident, including any future surgeries, were a result of pre-existing conditions. Savage had lower back problems since the early 2000s.

GKD’s insurer agreed to pay Savage $1,100,000 to settle all his claims. In addition, pursuant to an agreement between GKD and CMH, GKD paid all of CMH’s attorney fees and expenses in the case up to $180,000.

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DERRYBERRY ZIPS WADE LAWHORN, PLLC

http://www.dzwlaw.com and http://www.urhurt.com

 

 

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$1,000,000.00 SETTLEMENT OF COMMERCIAL TRUCK WRECK AS REPORTED BY VERDICT SEARCH

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Pictured from left to right: Tab E. Lawhorn, Daryl L. Derryberry, Guy I. Wade, III and Craig D. Zips “Keeping Your Community SAFE One Case At A Time”

 

On July 2, 2014, our client, was operating a 10-wheeler truck on Interstate 20 West in Harrison County, Texas. The defendant was operating a Ford F-350 pickup truck, hauling a load of drill pipe on a flatbed trailer for an oilfield service company. The defendant negligently rear-ended our client, whose in-cab video camera recorded the violent jarring of the impact. The defendant’s truck burst into flames and our client pulled the defendant from her burning vehicle. The truck the defendant was operating was owned by or leased to an oilfield service company.

Our client hired our firm to sue the defendant for negligently failing to keep a proper lookout, driving too fast and following too closely. He also sued the oilfield service company under respondeat superior (being responsible for the negligent acts of the defendant) and for violating its policies by failing to conduct a post-accident drug test of the defendant; by failing to investigate the wreck; and by providing the defendant a company truck to drive even though she had five (5) prior convictions for moving violations under Texas law. The oilfield service company’s policy prohibited giving a company vehicle to anyone convicted of more than three (3) moving violations.

Our client also alleged that the defendant was a distracted driver (using her cell phone constantly for 44 minutes before the violent wreck and at the time of the wreck) and that the distracted driving caused the wreck. During that 44 minute period, her cell phone records showed 194 calls or text messages to or from a single number.

The defendant testified that she accepted responsibility for failing to control her speed and rear-ending our client. However, she also testified that she was not using her cell phone in any manner at the time of the wreck. Our client believes the cell phone records unequivocally showed that she was being untruthful in that regard.

Our client’s injuries included herniated discs and facet tears in his neck and back, as well as sustaining other injuries, harms and losses.

The wreck was in the afternoon, and our client sought medical treatment the next morning. He initially treated through workers’ compensation, but he felt that he was not receiving adequate care, and he sought treatment outside of the worker’s compensation system, including seeking treatment from a neurosurgeon. Our client tried physical therapy, but found it too painful.  Our client also underwent lumbar epidural steroid injections (ESIs) and, in April 2015, he had a discogram done as well.

In the summer of 2015, a neurosurgeon performed a posterolateral fusion in his back with placement of hardware (pedicle screws on the left). The neurosurgeon opined that our client’s neck and back injuries were caused by the wreck.

The oilfield service company and the defendant had $1,000,000.00 in liability insurance coverage and the entire policy limits were paid to our client to settle the case.  After payment of attorney’s fees ($400,000.00), expenses ($35,599.34) and medical bills ($160,429.31) the client netted ($403,971.43).

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DERRYBERRY ZIPS WADE LAWHORN, PLLC http://www.dzwlaw.com and http://www.urhurt.com 

 

TYLER TEXAS PERSONAL INJURY ATTORNEYS DZWL OBTAIN SUBSTANTIAL CONFIDENTIAL SETTLEMENT

Pictured from left to right:  Tab E. Lawhorn, Daryl L. Derryberry, Guy I. Wade, III and Craig D. Zips "Keeping Your Community SAFE One Case At A Time"

Pictured from left to right: Tab E. Lawhorn, Daryl L. Derryberry, Guy I. Wade, III and Craig D. Zips “Keeping Your Community SAFE One Case At A Time”

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.

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DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com and http://www.urhurt.com 

VERDICT SEARCH REPORTS THAT THE PERSONAL INJURY ATTORNEYS OF DERRYBERRY ZIPS WADE LAWHORN, PLLC OBTAINED A $550,000 SETTLEMENT FOR THEIR CLIENT IN AN 18 WHEELER CRASH

Accidents involving 18 wheelers can cause serious injuries because of the size and weight of the tractor and trailer.

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.

TO STAY UP TO DATE WITH THE LATEST LAW NEWS, BE SURE TO FIND US ON FACEBOOK AT https://www.facebook.com/dzwlaw AND FOLLOW US ON TWITTER AT https://twitter.com/DZWLAW and https://twitter.com/URHURT

DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com and http://www.urhurt.com 

What do I do if I am injured by a defective product?

Top 10 things to do if you are injured by a product:

by Daryl L. Derryberry, Member of Derryberry Zips Wade Lawhorn, PLLC

Defective tires de tread frequently and can cause serious injuries or death to the occupants of the vehicle.

  1. 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. 
  2. Obtain the name of the product manufacturer and the make and model number of the product.
  3. Send all worker’s compensation forms, if any, to your lawyer before signing.
  4. Take photographs of your injuries if possible.
  5. Take photographs of the scene of the incident if possible.
  6. Do not give any written or recorded statements to any insurance company or company representative without consulting with an attorney.
  7. 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.
  8. If you do not have health insurance, contact an attorney.   We may be able to assist you in obtaining medical care.
  9. 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.
  10. 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.

TO STAY UP TO DATE WITH THE LATEST LAW NEWS, BE SURE TO FIND US ON FACEBOOK AT https://www.facebook.com/dzwlaw AND FOLLOW US ON TWITTER AT https://twitter.com/DZWLAW and https://twitter.com/URHURT

DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com and http://www.urhurt.com 

GM HALTS TRUCK SALES- AIR BAG ISSUES

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.

Recall Planned

“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 jplungis@bloomberg.net  To contact the editors responsible for this story: Jamie Butters at jbutters@bloomberg.net Niamh Ring, John Lear

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DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com

Texas Worker Safety is the Worst

Workplace Deaths Decline, But Texas Still Fares Worst

Hurting for Work


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.

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DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com