VERDICT SEARCH REPORTS THAT DERRYBERRY ZIPS WADE, PLLC SETTLES A COMMERCIAL MOTOR VEHICLE CRASH FOR $750,000.00

On March 5, 2018, Shauna Ferguson, 36, an area sales manager, was driving a full-size pickup truck on Interstate 20, in Smith County. Ferguson slowed for traffic, and a sedan rear-ended her. The investigating police officer faulted the sedan’s driver for failing to control his speed and cited him for driving without a license. Ferguson claimed that she suffered a neck injury, and she filed a claim with the sedan driver’s insurer, Cainsco. That claim settled for the policy limit of $30,000. Ferguson was driving a company vehicle, which had $1 million in underinsured motorist coverage through St. Paul Fire & Marine Insurance Co.

Ferguson filed a UIM claim with St. Paul. She alleged that the sedan driver was negligent in the operation of his vehicle.

St. Paul did not contest the sedan driver’s negligence.

On the day after the accident, Ferguson went to an emergency room. She was treated and released.

Ferguson claimed that she suffered a large herniation of the C5-6 intervertebral disc, a moderate herniation of the C4-5 disc, chronic pain syndrome and cervical spondylosis.

Soon after the emergency room visit, Ferguson followed up with a neurosurgeon and underwent three cervical epidural steroid injections. The injections were on Aug. 13, Aug. 27 and Nov. 19, 2018. On April 11, 2019, she underwent a two-level anterior cervical discectomy and fusion (“ACDF”).

Ferguson claimed that her injuries affected her entire life, including her job, driving and the activities of daily living.

Ferguson’s paid medical expenses were about $230,000. The neurosurgeon opined that Ferguson would probably develop adjacent segment disease and require another fusion, which he opined would cost about $120,000.

Ferguson was also seeking compensation for past and future physical pain, past and future mental anguish, past and future physical impairment, and past and future disfigurement,

St. Paul contended that Ferguson failed to mitigate her damages in that she had health insurance and worker’s compensation insurance and did not use either one. She was on the job at the time of the crash.

St. Paul agreed to pay $750,000 to settle Ferguson’s claim.

 

VERDICT SEARCH REPORTS A $1,400,000 SETTLEMENT BY THE TYLER, TEXAS FIRM OF DERRYBERRY ZIPS WADE LAWHORN, PLLC IN AN 18 WHEELER CRASH

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 Feb. 17, 2016, plaintiff Wanda Huddleston, 79 and retired, was northbound in a Chevrolet Silverado pickup truck on U.S. Highway 69 near Lindale, Texas. Handrijono Oetomo (“Oetomo”), an employee of DAT Truck Lines Inc. (DAT”), was southbound in an 18-wheeler owned or leased by HNL Truck Lines Inc (“HNL”). It was early morning and dark, and traffic was heavy. Oetomo attempted a U-turn in an open intersection, and Huddleston struck the 18-wheeler. She sustained multiple injuries and later had multiple strokes, which caused her to become mentally incapacitated. The investigating officer gave Oetomo a ticket for failing to yield the right of way.

Huddleston’s son, on her behalf, sued Oetomo, DAT and HNL for Oetomo’s actions in negligently making an unsafe U-turn, failing to yield the right of way and failing to keep a proper lookout. He also sued DAT for violating numerous policies and procedures and Federal Motor Carrier Safety Administration (FMCSA) regulations by not giving Oetomo any driver training, not disciplining him for driver log violations, not suspending him after he was given a citation, and not making a determination of whether the accident was preventable. The plaintiff sued HNL on theories of vicarious liability, alleging that Oetomo was a statutory employee of HNL.

Oetomo took no responsibility for the wreck and blamed Huddleston, in part, because women have slower reflexes.

Plaintiff’s counsel argued that Oetomo was lost and unfamiliar with the area and that he was in a rush, and that he falsified his logs. The truck’s data recorder said the truck had been operating for more than 13 hours, but Oetomo’s handwritten logs said he had been driving for only 7.25 hours.

Plaintiff’s counsel further argued that, under FMCSA regulations, because Oetomo did not understand English well enough, he should not have been driving the vehicle at all.

The defense argued that Huddleston was contributorily negligent for driving too fast, not keeping a proper lookout, not controlling her speed, and not braking or turning in time to avoid the collision. The defense accident reconstruction expert opined that Huddleston should have been able to see the truck and stop before the impact. An eyewitness who was behind Huddleston was able to stop, the defense noted.

HNL further argued that the truck was not a listed vehicle under its insurance policy and that it therefore had no insurance coverage. (Plaintiff’s counsel argued that, because the policy had a particular endorsement, known as an MCS-90 endorsement, the carrier would have to pay any eventual judgment against  Oetomo and HNL.)

Huddleston sustained a leg fracture and a subdural hematoma. She claimed that the accident caused two to three debilitating strokes, as well.

She underwent open reduction and internal fixation (“ORIF”) of the fracture, with placement of pins and screws. For the subdural hematoma, she underwent a craniotomy.

As a result of the strokes, she required 24-hour care and had to move into a nursing home. Plaintiffs’ neurology expert opined that the strokes were related to the accident.

Huddleston sought past medical bills of about $315,000, as well as $918,000 for the present value of her life-care plan. She also claimed past and future physical pain, mental anguish, physical impairment and disfigurement.

The defense neurology expert opined that strokes resulted from pre-existing conditions, not from the accident.

 The case settled for a total of $1,400,000. DAT and Oetemo settled on Sept. 16, 2016, for their policy limit of $1 million, paid by their carrier. HNL settled at mediation on March 6, 2017, for $400,000, paid by HNL’s carrier. HNL’s policy limit under the MCS-90 endorsement was $750,000.

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DERRYBERRY ZIPS WADE LAWHORN, PLLC

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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

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

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

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”

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

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.

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

BOSTON SCIENTIFIC LOSES ITS FIRST FEDERAL TRIAL AND IS ORDERED BY A FLORIDA JURY TO PAY FOUR VICTIMS OF ITS VAGINAL MESH PRODUCTS A TOTAL OF $26.7 MILLION

Boston Scientific Loses First Federal Trial Over Mesh

Boston Scientific Corp. (BSX) must pay $26.7 million to a group of four women who blamed the company’s vaginal inserts for injuring them, a jury concluded in the first federal trial of claims over the devices.

Jurors in federal court in Miami deliberated about four hours yesterday before finding Boston Scientific officials defectively designed their Pinnacle pelvic-organ implants and failed to properly warn doctors and their patients about the device’s risks, Joseph Osborne, a lawyer for one of the women, said in an interview.

The verdict is the first in a federal case against Boston Scientific over the Pinnacle inserts and the first to combine more than one plaintiff’s claims.

“Boston Scientific better start giving serious consideration to doing a global settlement of these vaginal mesh cases,” Carl Tobias, who teaches product-liability law at the University of Richmondin Virginia, said in a phone interview. “This verdict reinforces the substantial liability they are facing and it’s growing with each verdict.”

Four Awards

Jurors awarded Amal Eghnayem, Osborne’s client, more than $6.7 million. The panel also awarded Margarita Dotres and Mania Nunez, two other women who got Pinnacle implants, more than $6.7 million each. Juana Betancourt, the final woman in the group, was awarded more than $6.5 million, Osborne said. The panel awarded only compensatory damages, he added.

Kelly Leadem, a Boston Scientific spokeswoman, said the company disagreed with the jury’s findings that the Pinnacle inserts suffered from design flaws and that company officials didn’t warn about the implants’ risks.

“We believe we have strong grounds to overturn the verdict on post-trial motions and on appeal,” she said in an e-mailed statement.

“The evidence we presented showed that the company completely mishandled this product, and I think the jury’s damage award reflects that,” Osborne said.

The women’s lawyers argued yesterday that Boston Scientific officials ignored internal calls for more testing of the pelvic-organ implant and hurried the device along to counter competitors’ products.

In September, a state court jury in Texas ordered Boston Scientific to pay $73 million in damages to a woman who blamed one of its incontinence implants for her constant pain. That verdict was cut to $34.6 million by the trial judge. The company has won other cases that have gone to trial in state court in Massachusetts.

23,000 Suits

The Natick, Massachusetts-based company, the second-largest maker of heart-rhythm devices, faces more than 23,000 suits over its vaginal implants in U.S. state and federal courts, as well as in Canadian and U.K. courts, according to filings with the U.S. Securities and Exchange Commission. Boston Scientific pulled Pinnacle from the U.S. market in 2011.

Many of the cases against Boston Scientific have been consolidated before U.S. District Judge Joseph Goodwin in Charleston, West Virginia. Others have been filed in state courts in Delaware,New Jersey, Missouri, Texas and California.

Goodwin, who’s overseeing all the vaginal-mesh suits filed in federal courts against Boston Scientific, presided over the trial of the four women’s claims.

Substandard Materials

Women contend the inserts are made of substandard materials and often erode once they are implanted, causing pain and organ damage, and making sex uncomfortable.

The women’s lawyers presented evidence showing the mesh used in the Pinnacle insert hadn’t been approved for use within the human body by the company that made it.

Boston Scientific’s lawyer told jurors in the Miami case the mesh used in the inserts has been relied upon for years by doctors and engineers properly designed the devices.

“There’s no such thing as a risk-free surgery,” Hildy Sastre, one of the company’s lawyers, told jurors. “Because somebody develops a complication, which they’ve been clearly warned of, that doesn’t mean there’s a defect with the product.”

Boston Scientific is expected to face closing arguments Nov. 17 in another multi-plaintiff trial in federal court in West Virginia.

The Florida case is Eghnayem v. Boston Scientific Corp., 14-cv-24061, U.S. District Court, Southern District of Florida (Miami).

To contact the reporter on this story: Jef Feeley in Wilmington, Delaware at jfeeley@bloomberg.net

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Andrew Dunn, Peter Blumberg

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

VERDICT SEARCH REPORTS THAT THE PERSONAL INJURY ATTORNEYS OF DERRYBERRY ZIPS WADE LAWHORN, PLLC OBTAINED A WRONGFUL DEATH SETTLEMENT FOR THE INSURANCE POLICY LIMITS OF $1,000,000.00 WITH THEIR CLIENTS RECEIVING $555,494.39

On May 21, 2011, seventeen year old Martin Blea, Jr. entered the business premises of The Pussycat Lounge, an after-hours BYOB establishment located in Odessa, Texas.  The Pussycat Lounge was located less than a half mile from an adult cabaret known as Jaguars Gold Club.  The Pussycat Lounge and Jaguars Gold Club essentially had the same owners and operators on May 21, 2011 and in the years leading up to May 21, 2011, such that the owners and operators of The Pussycat Lounge knew that dangerous and violent people were in the area and frequently visited The Pussycat Lounge

Martin Blea, Jr. went to The Pussycat Lounge with his older sister, among other individuals. At some point, his sister went to the restroom.  As she was returning from the ladies’ room, a man, who was unknown to the sister (and has never been fully identified) but who had previously been seen conversing with a man named Steve Uresti and other patrons of the Pussycat Lounge, approached the sister and grabbed her in a sexually provocative manner.  When the sister rejected these advances, the unidentified man punched the sister in the face and knocked her to the ground.  The man then jumped on top of her.  Martin Blea, Jr. was dancing on the dance floor at this time and saw his sister in distress.  He went to pull the unidentified man off of his sister and a fight broke out.  While Martin Blea, Jr. was attempting to aid his sister, Steve Uresti pulled out a 9 millimeter handgun and fired several shots into the air.  Mr. Uresti then fired several more shots, one of which hit Martin Blea, Jr. in the face and killed him.  Mr. Uresti’s gun had made its way into The Pussycat Lounge despite the fact that a policy was in place where patrons entering the premises were required  to be screened with a hand held metal detector wand and patted down as part of an effort to keep dangerous weapons out of the club..

After being shot, Martin Blea, Jr. fell to the floor of The Pussycat Lounge where he struggled to breathe until the paramedics arrived. An ambulance transported Martin Blea, Jr. to a hospital in Odessa, Texas, where he was pronounced dead from his gunshot wound.  On November 29, 2012, a jury in Ector County, Texas, convicted Steve Uresti of manslaughter in connection with the death of Martin Blea, Jr. and sentenced him to 20 years of confinement in the Texas Department of Corrections.

The parents of Martin Blea, Jr. retained DZWL to investigate the viability of, and potentially prosecute a wrongful death and survival action against persons determined to be potentially civilly liable for the death of Martin Blea, Jr. Our clients asserted that the owners/operators of The Pussycat Lounge controlled the security and safety of The Pussycat Lounge on May 21, 2011, and owed a duty to protect people visiting the club, such as Martin Blea, Jr., from the criminal acts of third parties if they knew or had reason to know of an unreasonable and foreseeable risk of harm to people visiting the club..  In that regard, the evidence revealed that the owners/operators knew or should have known that in the approximately three-year period immediately prior to May 21, 2011: a) the Odessa Police Department had been repeatedly called to the Jaguars Gold Club, a stone’s throw from The Pussycat Lounge, for numerous and repetitive instances of violent criminal conduct at Jaguars Gold Club involving, among other things, armed robbery,  assault, gunshot victims and shots fired; b) the Ector County Sheriff’s Office had been repeatedly called to the premises of The Pussycat Lounge (as well as the business previously operated at those premises which was also owned and/or operated by the same persons) for numerous and repetitive instances of violent criminal conduct at those premises, involving, among other things, assault, aggravated assault, assault with bodily injury, aggravated assault with a deadly weapon, deadly conduct, robbery and a subject with a gun; and, c) the Ector County Sheriff’s Office had been repeatedly called to the Jaguar’s Gold Club for numerous and repetitive instances of violent criminal conduct at Jaguar’s Gold Club involving, among other things, assault, aggravated assault with a deadly weapon, aggravated assault, sexual assault, robbery, aggravated robbery, shots fired, deadly conduct, stab victim, man with a gun and prohibited weapon.  Therefore, our clients asserted that the owners/operators of The Pussycat Lounge knew or should have known of the risk that persons in the immediate vicinity of The Pussycat Lounge who visited  the Defendants’ two business establishments in that locale might foreseeably injure other people visiting the The Pussycat Lounge, such as Martin Blea, Jr., and Defendants had a duty to protect persons, such as Martin Blea, Jr., from the imminent, probable and foreseeable harm posed by other patrons of Defendants’ establishments.  Our clients asserted that their son died as a result of Steve Uresti’s foreseeable act of firing a gun that had been brought into the Pussycat Lounge as a result of the inadequate security measures employed by Defendants at The Pussycat Lounge on May 21, 2011.

The Estate of the deceased, Martin Blea, Jr., incurred funeral and burial expenses of $11,423.06 and medical expenses of $1,193.50. The parents sought to recover damages under the Survival Statute for the alleged conscious pain and suffering endured by Martin Blea, Jr. between the time he was shot and the time he was pronounced dead.  The parents also sought to recover for damages to the parent-child relationship, including loss of affection, solace, comfort, companionship, society, assistance, emotional support and love, loss of pecuniary value of the services of Martin Blea, Jr. and past and future mental anguish, grief and sorrow.

            Despite the various contentions of the owners/operators, their insurance company paid our clients the insurance policy limits of $1,000,000 to settle their claims. The net recovery for our clients, after payment of attorneys’ fees and case expenses, was $555,494.39.

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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.

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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

By Jeff Plungis and Madeline O’Leary Oct 3, 2014 11:00 PM CT

General Motors Co. (GM), already reeling from a record number of vehicle recalls this year, is halting sales on two new pickup truck models after discovering an electrical flaw that could cause the air bags to misfire.

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