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

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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 

 

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Mesothelioma Verdict of $18.6 Million for Worker at Kelly Springfield/Goodyear Plant in Tyler, Texas

Tyler Morning Telegraph – Family gets $18.6M Goodyear mesothelioma case

The family of a Tyler man, who died after contracting mesothelioma after years of exposure working at the Kelly Springfield/Goodyear plant, was awarded $18.6 million by a Dallas County jury last week, and attorneys for the plaintiff said the amount was warranted.

Christopher J. Panatier, of the Dallas-based law firm Simon Greenstone Panatier and Bartlett, said Goodyear plainly ignored standards set in place in 1972 by the Occupational Safety and Health Administration.

“Carl Rogers worked at the plant for 30 years before being diagnosed with mesothelioma, a deadly cancer caused by exposure to asbestos fibers. Jurors found Goodyear grossly negligent for allowing Mr. Rogers’ continued exposure to asbestos,” he said.

Mr. Rogers worked as a tire builder at the Kelly-Springfield Tire Co. in Tyler, a Goodyear subsidiary. He worked with Goodyear machines that exposed him to asbestos on a constant basis. He was further exposed to asbestos-wrapped piping while maintenance work was happening at the plant. Mr. Rogers was diagnosed with mesothelioma in August 2008 and died in September 2009.

Panatier said the verdict, which was handed up in the Dallas County Court At Law 5, includes $2.7 million in non-economic damages, $900,000 in economic damages and $15 million in punitive damages.

“Mr. Rogers’ family just wanted a jury to hear the story of their husband and father. He did nothing wrong and still died because his employer did not protect him,” he said. “Goodyear plainly ignored OSHA standards to protect workers from asbestos disease and never dealt honestly with them.”

Panatier said Goodyear admitted during the trial that the levels of asbestos were 10 to 100 times greater than the average person would breathe outside of the plant.

He said three other former workers at the plant have been diagnosed with mesothelioma.

“The mesothelioma rate is usually one case per million people, so to have four at one plant is about a 900 percent increase to those having the disease,” he said.

Panatier said he believes there may been an appeal filed in the case, but that could take up to six months.

Written by Kenneth Dean, kdean@tylerpaper.com

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.

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

Derryberry Zips Wade Lawhorn, PLLC Announces the Settlement of a Wrongful Death Case in May, 2013

Type of Case: Wrongful Death- Hospital Medical Negligence-Malpractice

A 28 year old young lady died as a result of the negligence of a hospital and its employees, including the nurses and hospital administrators. We were able to obtain a substantial confidential settlement for the young lady’s 4 year old son and her parents. The young lady suffocated to death because the nurses and hospital administrators ignored the doctor’s orders that a sitter be at her bedside at all times. Instead, she was left alone, rolled onto her stomach and was unable to turn back over onto her back. A hospital employee found the young lady lying face down and non-responsive. Autopsy results confirmed that she suffocated to death, an event which would not have occurred if the doctor’s orders had been followed by the nurses and hospital administrators.

We will continue to serve our clients and pursue those individuals and businesses that needlessly endanger all members of the community by violating basic safety rules that are designed to prevent harm to all members of the community.