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LAWSUIT RESULTS AND VERDICTS

 

Your case, no matter how big or how small, will be handled until we get justice. Many of our larger settlements cannot be disclosed due to confidentiality agreements. Most cases do settle, and if the insurance company or the client does not want to settle- we will try the case.

 

CASE DESCRIPTION
AWARD
NET TO CLIENT
Plaintiff "Peralas" was driving the vehicle that Maria del Carmen and Juan Gerardo Silva were also in when he stopped on the side of I-35 to change a flat tire. Maria was at the back of the car and Juan Gerardo was at the rear of the vehicle. At the same time the defendant was falling asleep in an 18-wheeler and driving at a high speed when he strikes them killing both Maria and Juan Gerardo. $8,900,000 (Net to client )
$8,900,000 $5,178,629
Esperanza Alvarado vs Cambridge Terrace: Lawyer Domingo Garcia achieved winning a case for $6,000,000 on behalf of the Alvarado Family upon arriving at an agreement with responsible parties from the Cambridge Terrace apartments of Arlington, Texas. The “responsible parties” were found guilty for the death of fourteen-year-old Esperanza Alvarado, who was killed instantly on May 2, 2002, as a result of severe electrocution while preparing to swim in the community pool. $6,000,000 $3,484,043
Humberto Huerta vs. USA Construction Inc. Marcie’s Mansory Inc. Plaintiff was standing on a scaffold that was 15 feet high off the ground when it suddenly collapses with the plaintiff on it. Huerta suffered many injuries and is now paralyzed. (Net to client ) $5,000,000 $2,651,800
Santo Garcia: 18 wheeler accident. Jacquez Rene Amador turned unsafely and caused the accident. At the time of the accident, Jacquez Rene Amador was in the course and scope of his employment with the defendant, Swift Transportation Co, Inc. and Swift Transportation Corporation. $3,300,000 $1,137,778
Estate of Delfino Sanchez vs. Continental Cabinets Manufacturing Inc. Mr. Sanchez was working for defendant at time of the accident using a power saw cutting wood when a piece of lumber unexpectedly shot out of the saw, impaling the deceased in the stomach, and causing the serious and debilitating injuries. It wasn’t until October 15, 2006 that he died due to the injuries. $2,225,000 $1,324,895
Cantu vs Smith: Jury award against a DWI driver and the bar that served him. Plaintiff's medical bills were over $81,000. $1,010,000 $500,000
Ismael Silva vs. Cornerstone Roofing and DR Horton Homes, LTD. Plaintiff was working on the roof (while it was raining) of a house when he slipped and fell head first on the concrete. He was in the hospital for about a month received a closed head injury with cerebral edema subdural hematoma, and cerebral contusions and as a result suffers from occasional seizures. $1,000,000 $481,483
Estate of Felix Coronado and Maria Palacios de Coronado vs. PJ Trailers, Seminole Management Co., LLC; Paris Plastics Management, LLC: On April 15, 2006, plaintiffs' decedent Felix Coronado, 19, a weld scrapper was working for Paris Plastics Management, LLC in Paris. A coworker was operating a forklift for only the second time, and Coronado was sitting on the forklift fender and holding the side of the forklift as it was moving. The coworker drove off a ramp, and the forklift flipped, landing on top of Coronado and crushing him to death. The case settled with the defendants tendering $1 million (policy limits) after receiving a Stowers Demand. $1,000,000 $588,462
Ortiz vs Martinez: Settlement for a family whose father was killed by a drunk driver. The company the driver worked for was also part of the settlement. $1,000,000 $588,462
Candelario & Javier Esparza vs. Eagle Express Lines, et al, Inc.: 9 passengers: Plaintiff’s were driving South Bound when Defendant Jozwiak loses control of 18- Wheeler while traveling North Bound and crosses the median thus causing a head- on collision taking the life 6 out of 9 people along with 3 infants and 2 women in another car.  $2,500,000 $1,000,000
Marcos Diaz vs Wheeler: Verdict for Mr. Diaz who suffered burns when the rental house he was in caught fire. The landlord was sued for failure to place a smoke detector in the home.  $858,000 $367,038
Barcenas-Gomez vs Best Scrap Metalk, Inc. A jury award to a laborer whose hand was crushed in a backhoe mishap on the job. Mr. Barcenas-Gomez worked at Best Scrap Metal, a Dallas scrap yard. He was loading equipment onto a backhoe when the grapple closed on his right hand, crushing it. He underwent surgery to repair the fractures, but he still experiences pain, cannot open his hand completely and has minimal gripping strength, which prevents him from returning to work as a laborer. Barcenas-Gomez blamed Best Scrap Metal, citing lax safety procedures and poor equipment maintenance. The backhoe operator testified that the backhoe had malfunctioned several times before the incident. Best Scrap Metal denied any negligence and argued that it was not liable for Barcenas-Gomez's injuries because he was an independent contractor.  $142,301 Writ of execution / Filed Bankruptcy
Cruz Morales.  On or about December 15, 2004, decedent was employed by Defendant Site Concrete, Inc. and working on property owned and/or occupied by Defendant L109 McKinney Investments, LTC.  Pursuant to the contract between Defendants Site Concrete, Inc. and L109 McKinney Investments, LTD., Defendant Melissa Northcreek, LTD. Was Defendant L109 McKinney Investments, LTD,’s representative on that job site and in charge of the entire project and the hiring of contractors.  Also pursuant to the contract between Defendants Site Concrete, Inc. and L109 McKinney Investments, LTC., Defendant Site Concrete, Inc. hired Defendant Ronald H. Jessen DBA Tren-Tech Company to prepare a trench engineering safety report for that job site, and Defendant Ronald H. Jessen hired Defendant John W. Anderson to submit that signed report as MR. Anderson is a licensed and registered Professional Engineer.  While in the course and scope of his employment on said date, decedent was in a deep trench which, in Plaintiffs’ information and belief, had been dug by one or more employees and/or authorized agents of Defendant Site Concrete, Inc. when its sides suddenly collapsed.  In this collapse, a great deal of dirt and rocks fell on top of decedent, pinning him under their weight and suffocating him to death.  Decedent’s supervisor(s), who were also Defendants’ employees and/or authorized agents, instructed decedent to work in that trench even though decedent’s supervisor(s) knew or reasonable should have known that the trench was an unreasonably dangerous work-place and that trench excavations are inherently dangerous. $1,750,000 $1,043,052
Jesus Valdez.  On or about January 3, 2005, decedent was employed by Defendant Dallas Waste Disposal & Recycling, Inc. d.b.a Dallas Recycling.  While in the course and scope of his employment on said date, decedent was crushed when a co-worker began backing up a forklift causing Decedent to be crushed between the forklift and a dump truck.  According to the Plaintiffs’ information and belief, the forklift was being operated by one or more employees and/or authorized agents of Defendant Dallas Waste Disposal & Recycling, Inc. d.b.a Dallas Recycling.  Decedents’ supervisor(s) who were also Defendants’ employees and/or authorized agents, instructed decedent to work in that area even though decedent’s supervisor(s) knew or reasonably should have known that the area with the forklift and dump truck was an unreasonably dangerous work-place. $500,000 $250,000
Juan Roldan.  On or about March 19,2005, decedent was working for Defendants.  While in the course and scope of his employment on said date, decedent was working near a crane boom that became unbalanced and collapsed, causing the steel beams it was hoisting to fall to the ground, with other debris, killing decedent.  Defendants knew or reasonably should have know that the crane boom was unreasonably dangerous and that is was unable to control the steel beams it was carrying.  $3,000,000 $1,980,002
Ramon Gonzalez.  On or about June1, 2004 decedent died while in the course and scope of his employment.  Under the control and supervision and directions of agents and employees of Texfire Inc., Texfire Sprinklers LLC d.b.a Texas Sprinklers, decedent was working at a commercial warehouse located on 2700 East Plano Parkway, Plano, Texas 75023.  Defendant, Riggins-Moreland Engineering, Inc., an electrical sub-contractor, dug a hole on the premises and failed to place any warning around it or attempt to cover the hole.  At Approximately 2:39 PM., decedent was operating a scissor lift in the warehouse when the front driver’s side wheel fell in the 2’x2’ hole causing the lift to fall on the driver’s side and impact a wall brace.  Ramon Gonzalez’s head impacted the concrete, causing a fatal injury.  As a result of Defendants’ gross-negligence, their intentional misconduct and/or their omission, decedent’s fellow worked watched helplessly in horror when Mr. Gonzalez’s life ended. This wrongful death was proximately caused by the gross negligence, intentional misconduct and/or omission of Defendants.  Defendants actions constituted an omission in that they failed to properly train their employees on how to operate the scissor lifts safely so as to prevent harmful acts to be caused against other employees or the public at large.  Furthermore, Defendants are liable for their tortuous omissions in that they failed to cover up the 2’x2’ hole in the ground as to prevent the employees operating the scissor lift from falling into the hole.  $900,000 $451,931
Victoria Olaide.  On or about January 27, the Deceased, Victoria Olalde, was a passenger riding in Defendant Gabriels Olalde’s 2002 Grey Chevrolet Tahoe.  Victoria had been riding with her sisters Clarissa, Anna, Elizabeth, Angelica, her aunt Sara Lopez, and cousin Angelica Sustaita, and were head Eastbound on IH-01 South Frontage Road in Winnie, Texas.  Also on January 27, 2007, Earnest Leon Mitchell, Jr., while in the course and scope of his employment with C.A.I., L.P. and Conn Appliances Inc., and operating a 2003 Freightliner FL60 Truck owned by his employers, Conn Appliances Inc. and C.A.I., L.P., Plaintiffs’ vehicle, thereby proximately causing the accident that made the basis of this cause.  Defendant Ernest Leon Mitchell was negligent in that he failed to control the speed of this vehicle, failed to effectuate proper evasive maneuvers, failed to drive in a single lane, and failed to be an attentive driver.  The impact caused Decedent, Victoria Olalde, to sustain life-threatening injuries that ultimately led to her death.  It was Ernest Leon Mitchell’s negligence, gross negligence, and negligence per se which were the proximate causes of Decedent’s injuries and death, as well as Plantiffs’ resulting damages.  $1,500,000 $581,191
Edgar Omar Navarro.  Puente-Navarros Plaintiffs bring this suit to recover survival and wrongful death damages for the mortal injuries and untimely death of Edgar Omar Navarro.  On or about August 14, 2006, decedent was operating a tractor-trailer owned by Defendants and working in the course and scope of his employment by Defendants.  The property was a high-rise commercial construction sit in downtown Dallas, Texas, and Defendants had previously agreed that Mr. Navarro shall take all on-site direction from his dispatcher. Consequently, Mr. Navarro drove Defendants’ tractor-trailer to a particular location in the site’s debris pit, per the orders and instructions of Defendants and/or their authorized personnel, and that pit was an inherently dangerous workplace.  While sitting in the tractor portion of Defendant’ 18 wheeler, a Bobcat front-end loader lead by Defendants broke through a pile o f rubble on the 19th floor of that work site, sending giant pieces of concrete falling to the ground below and on top of the vehicle in which Mr. Navarro sat.  That bobcat was originally lease to Cleveland Wrecking Company.  However, through a joint venture or joint enterprise, Defendants then became the lessee of that bobcat by the way of financial incentives.  Defendants never attempted to determine the competency or skill of the person(s) who were operating that bobcat on that job site.  Mr. Navarro was at that jobs site for this vehicle to be loaded with debris, so Mr. Navarro could haul that Load of debris away from that job site.  Defendants knew and approved of the construction and demolition methods and practices of that job site.  While talking with his wife, Plaintiff Maria Alicia Puente-Navarro, on a cell phone, one of the larger pieces of concrete fell onto the cab of that 18-wheeler truck, crushing decedent and ultimately causing his death.  Tragically, Maria was actually talking with her husband the moment this tragedy occurred. $1,500,000 $581,191
Luis David Lara.  On the morning of August 10, 2005, Luis David Lara was an employee of Defendants, Frontier Framing, Inc. and was being controlled and supervised by Associated Truss Company, Inc. and CME Builders, Inc. and/or CME Builders & Engineers, Inc. (hereinafter “CME”) While working for the Defendants the deceased, Luis David Lara, was in a wooden box constructed with Associated Truss Company, Inc’s Lumber and lifted into the air by an Associated Truss Company, Inc.  Skytrak operated by Juan Molina of Frontier Framing, Inc. to a second floor level in order to nail in some wood at the roof line.  The box began to tilt causing the forklift to drop the box onto the ground severely injuring Luis David Lara and another employee.  Immediately beside the wall of this building being constructed were a pair of large steel beams that had been left at the site since an earlier phase of the building’s construction.  The beams were surplus and were not going to be used in the building.  The other employee who fell did not land on the beams and survived the fall, Mr. Lara unfortunately landed on the beams and suffered blunt force trauma to the head.  Some time latter Mr. Lara succumbed to his injuries.  The work site is located at 1616 N. Galloway in Mesquite, Texas, and was under the exclusive control and directions of CME who was the general contractor I charge of safety. $440,000 $242,099
Jaime Martinez.  On or about September 20, 2005, Plaintiff Jaime Martinez was working as a framer on premises located at 9765 Buckhorn Dr., Frisco, Denton County, Texas 7503, which were owned at that time by Defendants Landstar Homes Dallas, Ltd. and/or LHD, Inc d.b.a LHD Development, Inc. and which they were having a house constructed.  For this purpose, Defendants Landstar Homes Dallas, Ltd. and/or LHD, Inc d.b.a LHD Development, Inc. had hired defendants Jose Ortiz, Donald Hugh Harbour, Jr., and Plaintiff Jaime Martinez, within Plaintiffs’ information and belief.  At all relevant times, Plaintiff Jaime Martinez was an independent or subcontractor and/or borrowed servant of Defendants Landstar Homes Dallas, Ltd., LHD, Inc d.b.a LHD Development, Inc., Jose Ortiz, and/or Donald Hugh Harbour, jr. At all relevant times, Defendant LHD, Inc. was the general partner of Defendant Landstart Homes Dallas, Ltd., a limited partnership.  Defendants Landstar Homes Dallas, LTC., LHD Inc. d.b.a LHD Development, Inc., Jose Ortiz, and Donald Hugh Harbour, Jr. are jointly and severally liable since they were involved in a joint enterprise or, in the alternative, a joint venture.  In addition, at all times, Defendants Landstar Homes Dallas, LTD., LHD., INC d.b.a LHD Development< inc., and Jose Ortiz had actually control and supervision of the job site, sub- and independent contractors, employees of su- and independent contractors, and other workers there.  Defendants Landstar Homes Dallas, LTC., LHD Inc. d.b.a LHD Development, and Jose Ortiz’s job superintendents and employees were at all times responsible for the supervision and safety of all workers on that job site.  Plaintiff Jaime Martinez was standing on aboard approximately 14 feet about the concrete floor of the house being constructed on those premises when he fell onto that concrete floor because that board was negligently erected and placed on that job site.  This caused Mr. Martinez to suffer major head trauma and spinal cord injury, which have rendered him a quadriplegic and permanently disabled him.  Prior to this accident, that scaffold or landing had not been properly secured, rendering it unsecure and unable to hold Plaintiff Jaime Martinez’s weight.  Nonetheless, Defendants and their respective supervisors and agents ahd to instructed Mr. Martinez to work on that scaffold or landing, even thought it was not safe to do so and inherently or intrinsically dangerous work were non-delegable by Defendants and could not be delegated to any other party with regards to Mr. Martinez.  Since the premises were being managed, controlled, and supervised by Defendants Landstar Homes Dallas, LTC., LHD Inc. d.b.a LHD Development, and Jose Ortiz at that time, those premises were under their control, and hazards which would be discovered with a reasonable inspection.  Defendants’’ employees, supervisors, and/or authorized agents negligently failed to provide any warning to Plaintiff Jaime Martinez about the unsafe condition of that scaffold or landing prior to instructing him to work on it.  As a result, Mr. Martinez suffered a severe head trauma, which has left him with the mental abilities of a two-year-old child. $4,000,000 $2,288,760
Katherine Frances.  On or about Sunday, December 3, 2006, the decedent, Katherince Frances, a six-year-old minor, who was a temporary guest at her foster home and was left unattended without any adult supervision, when she was intentionally and savagely beaten at her foster home.  Specifically, Katherine Frances was violently struck and body slammed onto the ground at least four times at that foster house.  The beating resulted in severe injuries and head trauma, and Katherine Frances subsequently died from these injuries.  This terrible and brutal beating was done while Katherine Frances minor siblings Alexander, Leslie and Karla watched in horror.  Additionally, it is in Plaintiff’ information and belief that his was not the first beating that Katherine Frances had endured in that foster home.  In fact, on or about November 25, 2006, the children were removed from foster care, only to be returned, knowingly, to the same abuse, neglect, and violence at that foster home.  It is for the injuries suffered by Katherine Frances, and her subsequent death, and the mental injuries sustained by her siblings Alexander, Leslie, Karla and mother for which the Plaintiff’ assert their claims herein.  Katherine was pronounced brain dead shortly after arrival at the hospital and two days later life support was discontinued under the mindful and worried eyes of her mother Marbella Frances and her siblings Alexander, Leslie, and Karla.  Katherine Frances died while in the arms of her mother on Tuesday, December 5, 2006, as a result of the injuries sustained in her foster home.  At all relevant times, Katherine Frances her three minor sibling were under the care, supervision, and control of Defendants, who had placed them in that foster home  Moreover, it is in Plaintiff’ information and belief that Defendant Mesa Family Services, Inc., though purportedly dissolved, is still actively participating in foster care by maintaining the same employees. $1,000,000 $515,309
Nicasio Amador.  On or about December 4, 2006, Plaintiff Nicasio Amador, while in the course and scope of his employment with a construction company, was assisting in the removal of a utility pole located in front of the Presbyterian Hospital of Dallas at Walnut Hill Lane and Greenville Avenue in the City of Dallas.  During this effort, it became necessary for Plaintiff Nicasio Amador to adjust a strap that was being used in conjunction with a track hoe to remove this utility pole.  Prior to making this adjustment, the track hoe operator, Ronnie Garcia, was aware that Mr. Amador and another worker were within the swing radius of the track hoe while trying to attach a strap from the light pole to the bucket on the track hoe.  At the time of the accident, the swing radius of the track hoe was not protected, and Mr. Garcia was operating the track hoe without a spotter in violation of OSHA regulations and industry customs.  Mr. Garcia was in the course and scope of this employment with Defendant at the time, and the track hoe belonged to Defendant.  Unfortunately, the operator Garcia got up from his seat to either see where the strap was being placed or to give some instruction to Mr. Amador and the other worker, and, when he sat back down in his seat, he hit a control lever and thereby caused the bucket of the track hoe to move forward without warning and to severely injure Plaintiff and cause Plaintiffs to incur damages.  Further, the operator Ronnie Garcia was either not using the safety neutralizer, or it was not working on that track hoe – both violations of OSHA and industry standards.  Said device would have would have prevented this incident.  Also, Ronnie Garcia did not turn off the track hoe while Mr. Amador was within the swing radius.  Had he done so, the incident would have occurred.  As a result of this entirely avoidable incident, Mr. Amador’s left arm was all but severed by the bucket between the shoulder and elbow.  A small strip of skin kept the appendage attached, however, until it was amputated due to massive tissue and bone damage.  At all times material hereto, the aforementioned Ronnie Garcia and his supervisor Robert Armstrong were in the course and scope of their employment with Defendant.  Defendant is responsible for the negligence of its employees under the doctrine of Respondeat Superior.  Defendant is also liable to Plaintiffs for negligently hiring and retaining Mr. Garcia and other employees who caused and/or contributed to Plaintiffs’ damages. $2,867,500 $1,608,983

 

 

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