Representative Cases Successfully Prosecuted:
INJURIES TO CHILDREN
Drunk Driver / Wrongful Deaths result when oil company sales executive wines and dines clients at golf course, lunch, dinner and “Gentlemen’s Club”. He collides head-on into family returning from purchasing school supplies. He kills three children. There is no corporate policy or procedures regarding job related alcohol consumption, driving under the influence or safeguards.
Spinal Cord Injury occurs in newborn child after mother was previously diagnosed with gestational diabetes and her unborn child as LGA (large for gestational age). The child suffers irreversible damage. The mother should have been closely monitored throughout pregnancy. The injury could probably have been avoided if the child had been delivered by cesarean delivery.
Brain Damage results when a child falls through the second story walkway railing at his apartment complex. Scrutiny of the walkway railing balusters reveals they do not comply with applicable architectural codes. Most jurisdictions require 4” spacing; the spacing at the complex proves to be too wide which allowed the child to fall.
ER Doctor Malpractice: Child presents to ER and is diagnosed with severe dehydration. Nurses are incapable of initiating IV fluids and the ER doctor on duty is incapable of performing the necessary venous cut-down (saphenous vein at the ankle). The child dies while waiting for a surgeon to perform the procedure.
Sexual Assault of a Child: A mentally challenged boy lives in an apartment complex with his family. The boy is targeted for sexual assault by an unapproved adult resident residing with his mother. Management becomes aware of the assailant’s dangerous behavior from other children. Nothing is done and the child is raped in a vacant apartment. Reasonable policies, procedure and competent management would probably have averted the assault.
Apartment Complex Drowning: A toddler wanders away from his family’s apartment. The adjacent pool is not appropriately safeguarded. The child is found drowned. Reasonable policies, procedure and safeguards would have probably prevented the drowning.
Boy Scout Drowns in Lake: A Boy Scout troop travels to a private recreational facility for a day of picnicking and swimming. The Scout steps off into deep water and drowns. The area could have been reasonably safeguarded with a few truck loads, of sand; buoys and rope; and a sign warning swimmers.
INJURIES TO ADULTS
- Single female professional athlete raped when she returns home after dinner with friends. Rapist is never identified. Our investigation reveals that the apartment was not equipped with the statutorily mandated safety equipment.
- Single female tourism worker raped upon returning home. Rapist lies in wait in her darkened living room; rapes her; robs her and obtains her cellphone number. He begins contacting her the following week to ask if she would like to see him again. Federal officers monitor the calls and discover he resides on the property. The apartment is shown to be missing the statutorily required safety devices.
- Single school teacher raped at gunpoint after being surprised in apartment parking lot. She escapes and runs naked to neighbors for help. The property is shown to be in a high crime area, no security plan, and automatic gates were not functioning. Investigation reveals a chronic problem with security.
- Young woman 3-weeks post-partum is raped by tenant in laundry room at high crime apartment complex. Investigation reveals prior significant criminal activity and lack of any meaningful policies, procedures or training of personnel regarding security related matters.
- Loading facility worker suffers brain damage when she is thrown from railway car she is servicing without warning from train Conductor. She sustains permanent brain damage and is unable to return to work. Jury finds negligence after presentation of evidence.
- Teen suffers permanent brain damage in auto collision while returning home with father. The evidence reveals negligence on the part of the operator of the other car. Hospital staff counsel parents to disconnect life support. We delay action and teen regains consciousness. He is impaired but can walk, talk and enjoy life with his family.
- College student suffers permanent brain damage in SUV rollover while returning home from a night of bingo. She remains in a vegetative state. Car that cut her off is never identified. We bring suit against auto manufacturer and recovery is made after auto defects are demonstrated.
- Chemical plant contractor suffers fatal steam burns after explosion and fire. Investigation reveals that a defective processing unit component was miscast at foundry and installed in defective condition. Our efforts to obtain internal maintenance records and witness statements are resisted. Ultimately an appellate court rules in our favor and dramatic evidence is revealed. The case is settled in favor of the surviving wife and children.
- Oil field worker suffers burns over various parts of his body in oil field explosion and fire. The investigation reveals various negligent acts that arise from training errors of contract service worker. The jury returns a substantial verdict.
- Air Force wife suffers burns over 80% of her body when she is unable to escape burning apartment complex. The building is razed prior to hiring attorneys. Based on private investigation, eye-witness testimony and experts’ examination of architectural records, attorneys establish that the required firewalls were never installed, thus allowing the fire to spread so quickly escape was impossible without serious burn injuries. A substantial recovery was made on her behalf.
- Factory worker suffers injury to spine after car is broadsided by an 18-wheeler who runs a red light. Worker suffers serious injury to his spine resulting in surgery and permanent disability. Private investigation reveals serious issues as to who was driving, instructor or trainee, and whether they were beyond permissible hours. Recovery made for Worker. Driver was found to have been homeless prior to being hired to driver and lived in his truck at time of collision.
- 17-year-old Norwegian tourist suffers a complete spinal cord injury when car she is riding in is struck from the rear at a stop light. Investigation reveals driver is transsexual topless dancer who was previously “bought out” of a nightclub for the night by a patron. They visit a hotel where the manager provides cocaine and they proceed to patron’s home, where they smoke crack and fall asleep. The dancer takes patron’s car, in effort to get home, and strikes stopped car at high rate of speed. A substantial recovery is made against multiple parties.
- Railroad conductor suffers cervical spine injury at gym when defective exercise equipment causes weights to fall on him. Investigation reveals deficient management, failure to conduct periodic inspections and non-compliance with manufacturers maintenance instructions. A substantial recovery is made in favor of the victim.
- Texas Judge orders Mexican mother (and grandmother and nanny) not to speak Spanish to her Mexican born child. The firm files a motion to remove the presiding judge from a divorce child custody case. The trial judge refuses and the firm appeals the matter to the presiding Administrative Judge. After hearing the arguments on appeal, the trial Judge’s order was rescinded and she was removed from the case.
- Legal resident alien killed by police after a hypertensive emergency resulting in paranoia and confusion. Family calls EMS to assist, he resists medics and runs. Police locate the man, beat him, use pepper spray, handcuff him and place him on his stomach. He dies from asphyxiation. The cover up is later revealed, the case is presented to a grand jury and a settlement for the widow Is achieved.
- Police Officer shoots and kills fourteen-year-old special needs boy. Special needs boy is ordered to remain at the scene of a reported disturbance. Despite the child crying uncontrollably and calling out “Mama come and get me!”; an officer wrestles the boy to the ground, draws his .40- caliber Glock automatic pistol, and shoots the child in the head. After extensive private investigation, court hearings to force production of evidence, and beginning trial; the City approves a historic settlement which includes a letter of regret from the Mayor, substantial cash payment and the dedication of a memorial to the child in a local park.
- 22-year-old heroin addict hangs self while in county jail after denied medication. Young woman is arrested while on parole for assault charges. She becomes addicted to heroin and is jailed for resisting arrest. She is taken to the ER and seen by a physician’s assistance and released back to county jail. She remains in jail without proper medical assistance to treat withdrawal. She learns she will have a revocation of parole hearing and unsuccessfully attempts suicide twice. She remains housed in the general population without medication or suicide watch. She succeeds in hanging herself with socks on her third try. A settlement was reached with the hospital and County Sheriff Defendants.
In addition to numerous aggravated rape and assault cases;
- Resident is robbed and knifed to death upon returning home to apartment complex. Assailants are never found. After demonstrating high crime area, failure to implement safeguards or warn residents, recovery is made for surviving spouse and children.
- Apartment tenant is robbed and shot in broad daylight on his way to work. Recovery is made after demonstrating high crime area, failure to implement safeguards or warn residents.
- Intoxicated underage boy is knifed to death in shopping mall / night club parking lot.
The night club’s promotional slogan for its Long Island Iced Teas is: “Wine’em, dine’em, 69-em!”. In addition to that promotion, there are periodic “$1 beer” offerings throughout the night, resulting in patrons purchasing trays of beers. The young man exits the night club at closing time and is pursued by a knife-wielding man who stabs him and disappears into the crowd. The firm pursues the case based on the Texas statute known as the Dram Shop Act, which holds bars accountable for over-serving customers, and premises liability theory base on the bar and mall having inadequate security. Substantial recovery is made for the parents of the murdered child.
- Husband and wife suffer gruesome death while traveling to Mexico for weekend getaway. They are killed when a car, traveling in the opposite direction, has a flat, crosses the median barrier, goes airborne and crashes through their windshield. The impact results in the couple’s car stopping abruptly and being struck from the rear by an 18-wheeler. Further investigation reveals the car’s flat tire underwent an inappropriate puncture repair in the shoulder or sidewall of the tire by a national tire franchise. The 18-wheeler is shown to be at fault for following too close to the car. A substantial recovery is made against multiple parties.
- Migraine sufferer is medicated, released from ER unaccompanied, crashes, remains comatose until death. Various departures from the standard of care result in a historic jury verdict against hospital in favor of the survivors.
- Legal resident alien killed by police after becoming confused and paranoid because of a hypertensive emergency. Family calls EMS to assist; he resists medics and runs. Police locate the man, beat him, use pepper spray, handcuff him and place him on his stomach. He dies from asphyxiation. The cover up is later revealed; the case is presented to a grand jury and a settlement for the widow Is achieved.
- Police Officer shoots fourteen-year-old special needs boy in the head when he attempts leaving the scene of a reported disturbance. Despite the child crying and calling out for his “Mama!”; the officer drew his weapon and shot the child in the head after wrestling him to the ground. After extensive discovery, beginning pre-trial, the City agrees to a historical settlement resulting in a letter of regret from the Mayor, cash payment and the dedication of a memorial in a local park.
- Laborer crushed by reinforced concrete culvert. Public works contractor orders worker into an unprotected trench where he is struck by a reinforced concrete culvert storm drain. The lopsided police and OSHA investigations that followed are disproved and a settlement is achieved for his widow and child.
- Waste management truck operator crushed by front end loader. No eyewitnesses exist except for the front end operator. Our investigation reveals several safety issues. The result is in a substantial settlement for the surviving widow and child.