Glasheen, Valles & Inderman has won many cases that have significantly affected our clients’ lives and future. We have recovered well over $100 Million put into our clients’ pockets. Listed below is a small sample of cases that illustrate our firm’s capability and commitment to our clients.
Results obtained depend on the specific, unique facts of each case. Every case is different and there are no guarantees. Medical expenses not listed. Net-to-client amounts are listed within each result.
NtC: Net-to-Client; AF: Attorneys Fee; E: Expenses
$65 Million Verdict – Train Wreck, Wrongful Death (NtC: $13.5 Million; AF: $7,333,333; E: $1,166,667)
Our minor clients were left orphaned after their parents and one sibling were killed in a railroad crossing when the train failed to sound a whistle warning. Through expert witnesses and photographic and video evidence, we were able to demonstrate that the crossing was unsafe and should have had lights and gates.
A key element in the case was a document that we forced the railroad to produce – the information from the “black box”. The black box device records things such as train speed, braking and whether a whistle was sounded or not. At trial, there was conflicting witness testimony regarding the sounding of the locomotive whistle. Railroad management testified that there was not a “black box” on the lead locomotive; however, an internal document obtained in discovery indicated information had been downloaded. We obtained a written instruction from the Court to the jury that told them, if they believed evidence had been destroyed, they could infer that such evidence would have been unfavorable to the defendant railroad.
Another component of the case was that the morning sun was coming directly out of the same direction from which the train was traveling. With the help of photographs taken at the collision site at the same time of day that the collision occurred, our expert witness on visibility issues was able to demonstrate to the jury that the train could not be seen by the driver of the vehicle. This made the sounding of the horn a critical issue in the case. Kevin Glasheen was lead counsel at trial, and the case was settled on appeal after a favorable jury verdict.
The original jury verdict was for $16,525,063.00 in actual damages for our clients, plus an additional $43,927,000.00 in exemplary damages. By the time the judge entered the judgment on the jury verdict, the sum had accrued an additional $5,282,655.30 in pre-judgment interest. The defendants in the case appealed the judgment, and due to the risk of an appellate court overturning the judgment (especially the exemplary damages), we decided it best to settle the case with the defendants before the appeal was completed, for a total of $22 million. (Tx SB File # 34334)
Final Settlement Amount — $22,000,000
Attorney Fees — $7,333,333
Expenses — $1,166,667
Net-to-Client — $13,500,000
Our clients’ child was killed when a train struck a car at a railroad crossing. The railroad had failed to control the vegetation around the crossing and the high weeds obstructed the view of the approaching train.
The jury awarded $46 Million, but the case was settled based on a high-low settlement agreement that provided that the clients would receive one million dollars regardless of what the jury awarded or would receive whatever the jury awarded up to 8 million but then would limit the clients’ recovery if the jury verdict exceeded that sum. The settlement was paid within 30 days of trial with no appeals. (Tx SB File # 34334)
Final Settlement Amount — $8,000,000
Attorney Fees — $3,200,000
Expenses — $200,000
Net-to-Client — $4,600,000
$10 Million – Oilfield Explosion/Drowning Wrongful Death (NtC: $5,653,610; AF: $3,991,642; E: $329,347)
Our client was working in eastern New Mexico in a shallow pit in the ground with another worker to cut a 12″ pipe. The pipe, normally under extremely high pressure, had been depressurized and sealed off from the pressure further down the line. Without warning, the pipe exploded, flooding the pit with water and deadly gas. The other worker was able to escape, but our client’s harness got stuck, and he was unable to escape.
Through an extensive investigation, we were able to prove that the company in charge of isolating the pipe did not follow common safeguards—namely double block and bleed—and that the failure to do so exposed the two workers to an extremely high risk of exactly what ended up happening: the pipe bursting. After numerous depositions of safety experts and copmany representatives, we were able to reach a favorable settlement for our client’s family. (Tx SB File # 72285)
Attorney Fees — $3,991,642.50
Expenses — $329,347.94
Net-to-Client — $5,653,610.91
$9.9 Million – Motorcycle/18-Wheeler Truck Wreck, Brain Injury (NtC: $5,000,000 AF: $3,266,667; E: $247,148)
Our client was driving a motorcycle when a truck ran a stop sign in front of him. Our client suffered significant brain injury. One of the difficult questions in the case was whether a helmet would have made a difference.
We were able to hire one of the nation’s leading experts in helmet safety issues and showed that, due to the velocity that our client hit the ground and the location of his head injury, a helmet would not have prevented the brain injury he suffered.
We helped our client obtain the best possible medical and rehabilitation care. This aggressive medical treatment helped ensure that our client could make the best possible recovery. (Tx SB File # 43327)
Attorney Fees — $3,266,667
Expenses — $247,148
Net-to-Client — $5,000,000
Our client was driving on Interstate 10 in southwest New Mexico near Lordsburg when a dust storm kicked up due to high winds. This seven-mile stretch of I-10 is infamous for dangerous dust storms, so much so that large warning signs line the highway telling drivers to slow down if a storm kicks up. Our client slowed at the same rate as the traffic in front of her when out of nowhere, she was rear-ended by an 18-wheeler who ignored the warning signs. This crash turned into a large pileup involving multiple vehicles. A fire ignited and burned all of the vehicles. Several people died in the crash.
We were able to prove that the drivers of several semi trucks were negligent by failing to slow down, and we were able to recover a favorable settlement for our client’s two adult children. (Tx SB File # 73165 Pending)
Attorney Fees — $1,831,249.99
Expenses — $230,441.27
Net-to-Client — $7,201,375.93
Our client—a young, pregnant mother of two—was a passenger in a vehicle being towed on a highway late one night. A semi-truck approached from behind. The weather was clear, the road surface was dry, and the road was straight and level. The semi-truck crashed into the back of the vehicle that our client was in, crushing it and flinging it to the side of the road. Our client was extracted from the vehicle with the jaws of life. She suffered a fractured vertebra and severe spinal cord injury, preventing her from walking for the rest of her life.
During the discovery portion of the lawsuit that followed, the truck driver testified that he saw the vehicle being towed approximately one to two miles before he reached it, and he saw the hazard lights flashing on the vehicle. Yet he gave no explanation why he never braked, disengaged cruise control, changed lanes, or otherwise took any other evasive maneuver. (Tx SB File # 71047)
Attorney Fees — $2,126,000.00
Expenses — $1,203,180.57
Net-to-Client — $5,030,819.43
$7.6 Million – 18-Wheeler Head-On Collision, Wrongful Death (NtC: $4,927,938; AF: $2,405,066; E: $266,994)
Our client was driving an 18-wheeler along a two-lane highway in eastern New Mexico when suddenly, another 18-wheeler driving in the opposite direction appeared in his lane. The other truck was attempting to pass a vehicle that was slowing down to turn right. Our client had no time to react, and the two trucks crashed into each other head-on at nearly full speed. Both drivers were killed instantly, and the contents of the trucks—highly-flammable fuel—ignited and was thrown several hundred yards.
We were able to prove from both eyewitness testimony and an accident reconstructionist that the defendant truck driver was at fault for making an unsafe passing attempt. We were able to make a sizeable recovery for the driver’s family. (Tx SB File # 71046)
Attorney Fees — $2,405,066.68
Expenses — $266,994.37
Net-to-Client — $4,927,938.95
In the early morning hours, our clients awoke to the roar of a 400-foot-tall fireball caused by the eruption of a gas line less than 100-yards from their home. Three of the four members of the family received burns, and two received skin grafts and scar revision surgeries. For a year-and-a-half, we helped the family back on to their feet, helping them with medical bills and living expenses while the case was pending. This is allowed under Texas law.
We aggressively pursued our clients’ claim against the gas company that owned the line. From preserving the evidence at the outset to hiring first-rate experts to aid us in the case, we covered all the information in our search to prove the gas company’s negligence.
The gas company claimed that it was impossible to establish the cause of the pipeline rupture and therefore impossible to prove negligence. We were able to show that the failure occurred at a branch line connection that used a particular type of reinforcement that was known to fail. The gas company claimed it was not feasible to dig up and replace all such branch line connections. We showed that the company could have identified the at-risk connections that were near residential areas but had not done so.
We conducted mock trials to show the gas company that a jury was likely to find negligence and award significant damages. The case settled before trial, and the settlement will provide for the family’s future and allow them to complete the rebuilding of their lives. (Tx SB File # 49668)
Attorney Fees — $2,500,000.00
Expenses — $189,342.22
Net-to-Client — $3,897,432.79
$6.25 Million – Oilfield Truck Wreck, Multiple Fractures & Orthopedic Injuries (NtC: $3,817,398; AF: $2,083,333; E: $349,268)
Our clients were school children injured in a wreck with an oilfield service truck. The driver had been working twelve hour days, day after day. We were able to show that the oilfield truck driver company was violating the Department of Transportation limitations on hours for service truck drivers and were not exempt from the requirements as they claimed.
We hired sleep deprivation experts and truck driving experts to show the nature and dangers of driving while fatigued. We located several former employees of the defendant who testified that driving fatigue was a regular problem that went unaddressed.
With the help of our team, our clients received the best orthopedic medical care and therapy. We helped our clients structure the settlement to ensure that the children will have an opportunity to attend any college and helped them establish a secure lifetime income. (Tx SB File # 57238)
Attorney Fees — $2,083,333.33
Expenses — $349,268.61
Net-to-Client — $3,817,398.06
$6.18 Million Verdict – Industrial Injury, Amputated Arm (NtC: $1,906,362; AF: $1,194,866; E: $92,668)
Our client was a client working at an occupational program when he lost his left arm below the elbow in a paper baler. The program was being run in association with a recycling company, who was responsible for maintaining and repairing the equipment.
Our client testified that he was loading scrap paper into the baler when the compacting machine activated and severed his arm. The evidence showed that the baler should not have functioned with the loading gate open and that employees of the recycling company deliberately overrode the safety mechanisms originally on the equipment.
At mediation, the insurance company for the defendant offered $150,000 to settle the case. Our advice was “take it to a jury.”
The jury found that occupational program was 50% responsible, and the recycling program was 50% responsible for the injury. Although the jury awarded over $6,000,000.00, our client only recovered half the amount awarded. The portion of responsibility assessed against the client’s employer will not be recovered, because they had worker’s compensation insurance. (Tx SB File # 58544)
Final Settlement Amount — $3,319,073.12
Attorney Fees — $1,194,866.32
Expenses — $92,668.92
Net-to-Client — $1,906,362.88
Three generations of a family were devastated after a tractor trailer – fully loaded with cargo – ran a stop sign and slammed into the driver’s side of our clients’ pick-up truck. The defendant driver was acting in the course and scope of his employment and admitted to being familiar with the intersection. The intersection was dry, and visibility was clear in all directions the day of the wreck.
The defendant was not injured but claimed that he could not remember the wreck. The defendant also admitted that he often intentionally disregarded rural stop signs. His actions killed two people, severely injured three others and tore a family apart forever. (Tx SB File # 58544)
Attorney Fees — $1,462,500.00
Expenses — $56,820.11
Net-to-Client — $4,222,431.39
$5.8 Million – Commercial Vehicle Crash, Brain Injury and Wrongful Death (NtC: $3,257,769; AF: $2,322,739; E: $79,108)
Our clients, a married couple, were passengers in a vehicle driving down a highway. A pickup truck driver ignored a stop sign and t-boned our clients’ vehicle. Four of the five occupants in our clients’ vehicle were killed. We represented the lone survivor individually and as a representative of her husband, who was killed. Our surviving client suffered a severe brain injury in the crash, as well.
Through our investigation, we were able to prove that the at-fault driver ignored the stop sign and caused the crash. (Tx SB File # 66789)
Attorney Fees — $2,322,739.50
Expenses — $79,108.95
Net-to-Client — $3,257,769.20
Our client was injured in a rear-end collision when the defendant attempted to pass at an excessive rate of speed. When the defendant tried to pass our client on the left he struck our client’s vehicle causing both vehicles to lose control. Our client was wearing his seatbelt at the time of the wreck, but the force of the collision ejected him from the rear window of his vehicle. We were able to prove that at the time of the collision, the defendant was driving while intoxicated, with a blood alcohol content of .281 percent, more than three times the legal limit in Texas. The defendant also tested positive for marijuana.
Our client came to us after contacting several other attorneys and having his case rejected. Among the reasons given for rejecting his case our client was told that there would be inadequate insurance to take care of his past and future medical bills.
As a result of the collision, our client suffered a head injury and was left a quadriplegic. In our investigation we were able to determine that there were actually millions of dollars in insurance coverage available as the drunk driver’s vehicle belonged to an insurance agent who had primary insurance coverage and umbrella coverage.
We also hired an accident reconstruction expert who surveyed the scene. From the evidence gathered at the scene, our reconstruction expert was able to calculate that the drunk driver was traveling approximately 94 miles an hour in a 45 mph speed zone.
We helped our client obtain assistance from one of the nation’s leading brain injury rehabilitation facilities. We documented his therapy and progress on video which made for a compelling presentation to the drunk driver’s insurance company. We presented the reconstruction, as well as the video and photos documenting our client’s injuries to the insurance company, and the case settled before trial. As a result of the settlement, our client’s future medical needs are being met. (Tx SB File # 43327)
Attorney Fees — $1,750,000.00
Expenses — $40,124.84
Net-to-Client — $2,838,017.12
Our client was working as part of a workover crew with a company at a well site. Also at the site was a company that was hired to “snub” the well, which means to force piping into the well against high pressure. A critical step in this snubbing process is to maintain well pressure. During the snubbing process, a supervisor for the snubbing company left his workstation to get a drink of water. This manager had less than three years’ experience in the oilfield. Rather than pausing the snubbing while he stepped away, he let the even-more-inexperienced workers continue the snubbing. Almost immediately they lost control of the pressure, and the well blew out, causing a massive fireball and a tall flame. Our client was tethered to the top of the rig, and was burned by the flames. (Tx SB File # 61011)
Attorney Fees — $2,080,000.00
Expenses — $253,144.48
Net-to-Client — $2,743,459.29
$4.92 Million – Train Crossing Collision, Brain Injury (NtC: $2,828,000; AF: $1,641,667; E: $285,985)
In the early morning hours, our client was driving to work when he collided with a railroad car that was improperly parked over a public crossing. In the pitch dark, the crossing had no warning signs or lights, and the railcars were painted in a flat grey paint with no reflective material or lighting to assist a motorist in detecting them. As a result of the collision, our client suffered a massive brain injury which resulted in permanent impairment.
Our client originally hired another attorney to represent him but after a year of work, the railroad denied liability and the case was referred to our firm for further investigation. Our team investigated and found evidence of violations of numerous operating rules and laws governing the signage necessary to be displayed on public crossings.
In preparation for trial, we created an animation which showed what a driver would have seen if they were approaching the crossing at night. We also conducted numerous mock trials to learn how jurors reacted to the facts we uncovered and the railroad company’s explanations. We worked vigorously to make sure no detail was left uncovered. The case was settled two weeks from trial. (Tx SB File # 58544)
Attorney Fees — $1,641,667
Expenses — $285,985
Net-to-Client — $2,828,000
Our client was working as a welder on an oilfield gas pipeline collection system in Texas. The welding company he was working for had received a “hot work” permit from the operator of the pipeline system which assured them that the valves on the gas wells had been shut off so they could do their maintenance on the gas lines. However, the operator of the gas wells had not turned off the automatic timer that opened the gas well valves at regularly scheduled intervals. While our client was welding a pipe, the automatic valve from a gas well opened, releasing natural gas into the pipe that our client was welding. The gas ignited and our client suffered burns to his face and hands. The defendant accepted responsibility for the case and after our investigation, the case was settled early in litigation. (Tx SB File # 34334)
Attorney Fees — $1,800,000
Expenses — $200,000
Net-to-Client — $2,500,000
$4.07 Million – Car/ Commercial Vehicle Wreck, Wrongful Death (NtC: $2,483,960; AF: $1,522,333; E: $63,655)
Even when drivers are cautious and observant on the road, the negligence of other drivers can still overpower safe driving. That is what happened to our client when he collided head-on with another driver that ultimately led to his death.
On the way home from a long day of work, our client was traveling with other coworkers when another driver veered across the yellow line into their lane. Unfortunately, the collision was unavoidable despite our client’s best effort of pulling to the side of the road and hitting his breaks. The other driver crossed into our client’s lane of traffic causing a violent head-on collision.
The other driver worked for a commercial company and was traveling that morning to begin his shift. Under the theory of “respondeat superior”, an employer can be held legally responsible for the wrongful acts of an employee or agent if the acts occur within the scope of the employment. In this case, we were able to make claims against the defendant driver’s employer because the driver was acting in the course and scope of his work.
Our client left behind two young children and a young wife. We helped them get the care they needed, including a psychologist to help cope with their loss and an economic expert to evaluate the future economic loss.
Although money will never be a fair compensation, the recovery will help the family with the economic and non-economic damages that resulted from the wreck and will help as they begin to rebuild their lives. (Tx SB File # 58544)
Attorney Fees — $1,522,333.32
Expenses — $63,655.81
Net-to-Client — $2,483,960.87
Our 26-year-old client sustained a traumatic brain injury when a valve exploded, striking him in the head, at an oil well. After substantial rehabilitation, our client was released to live with his mother due to his diminished capacity and inability to obtain competitive employment.
After a year-long fight, we helped our client reach a multimillion-dollar settlement. The settlement is structured to take care of all financial needs for the rest of his life. Our client now has the freedom to live with his children, in his own home, and free of financial uncertainty. (Tx SB File # 55098)
Attorney Fees — $1,350,000.00
Expenses — $127,240.10
Net-to-Client — $2,515,759.90
$4 Million – Train Wreck, Wrongful Death & Child Brain Injury (NtC: $2,057,570; AF: $1,800,000; E: $142,429)
Our client was an infant passenger in a vehicle struck by a train. The mother of the child was killed, and another person was severely injured. Years prior to the wreck, the railroad company had been notified by state officials that this crossing was set to be signalized because it met all of the criteria of a hazardous crossing. However, that signalization never took place. Additionally, even though the crossing was a public crossing, the railroad had the authority to close the crossing as there were other crossings in close proximity that were signalized with lights and gates. Railroad executives testified that it was the railroad’s policy that it would not spend its own money to put lights and gates at public crossings. Their policy was to wait for state or federal officials to provide the funds to signalize those crossings. Through our investigation, we were able to demonstrate that the crossing was dangerous and should have had lights and gates to protect motorists. This case settled before trial. (Tx SB File # 57238)
Attorney Fees — $1,800,000
Expenses — $142,429
Net-to-Client — $2,057,570
Our client was working at a gas compression station when a chemical company came to deliver acid to a 500-gallon tank. Our client went out to sign a purchase receipt for the delivery when the driver, who was standing on a 5-gallon bucket and holding the hose above his head, asked our client to flip a switch on the truck to turn on the pump. When our client flipped the switch, the delivery driver fell off the bucket and sprayed our client with acid causing burns to his arms and back.
We discovered in litigation that delivery drivers for this chemical company had been complaining for two years that the acid tank did not have proper connections for their hose to make a safe delivery. Instead, they had to hold the hose over the head and top-fill the tank. The chemical company salespeople finally admitted that they knew the delivery system was unsafe but did not want to lose the customer so they continued to make deliveries, even though the tank did not have proper hose connections. (Tx SB File # 34334)
Attorney Fees — $1,333,333.33
Expenses — $88,250.00
Net-to-Client — $2,503,416.67
$3.5 Million – Commercial Vehicle Wreck, Wrongful Death (NtC: $2,281,690; AF: $1,166,666; E: $46,520)
Our client was tragically killed by an intoxicated driver of a commercial van. The defendant driver lost control of the vehicle and swerved into the left turning lane causing a violent collision with our client’s vehicle. The crash should have been foreseeable by the defendant’s employer as the defendant had been caught twice before operating company vehicles while intoxicated. Unfortunately, the employer continued to allow the defendant to operate company vehicles.
We obtained a substantial multimillion dollar recovery for our client’s family. Although a monetary settlement can never replace a loved one, it does help demand justice from such a tragic wreck. (Tx SB File # 55098)
Attorney Fees — $1,166,666.66
Expenses — $46,520.71
Net-to-Client — $2,281,690.13
Near Amarillo, Texas, an 18-wheeler ran a stop sign in front of a pickup truck where our client was a passenger. The pickup truck went underneath the tractor trailer causing serious brain injury to our client. We showed the truck driver’s logs were falsified and he had been driving in excess of the maximum hours allowed under DOT regulations.
We helped our client, who had been a Broadway actor, get treatment for his brain injury at a world renowned hospital in Denver, Colorado. (Tx SB File # 34334)
Attorney Fees — $1,166,666.67
Expenses — $633,333.40
Net-to-Client — $1,700,000.00
Our client’s husband was the supervisor for an oilfield services company that was testing pipe at a gas plant. The testing company used nitrogen gas to pressure up pipes to ensure that it was structurally sound before it was installed in a gas compression plant. While testing pipes our client’s husband over-pressured the pipe and it exploded, causing his death.
Even though our decedent was in charge of pressuring up the pipe, we showed that he had been working for over 20 hours straight without a break, in violation of hours of service rules. Also we showed that the pressures that were to be used were communicated poorly, and critical information was not being communicated methodically. The pressures to be used in the test were communicated verbally and written with chalk on the pipe. It was easy to see that the explosion was going to happen under these circumstances. (Tx SB File # 34334)
Attorney Fees — $1,000,000.00
Expenses — $39,835.26
Net-to-Client — $1,900,000.00
$2.87 Million – Commercial Vehicle Wreck, Wrongful Death & Orthopedic Injuries (NtC: $2,095,367; AF: $956,933; E: $84,810)
Our clients were traveling on the Interstate when their vehicle was struck from behind by an 18-wheeler truck causing it to lose control and roll. Despite many excuses and false defenses, we showed that the driver likely fell asleep. Failure to control speed, failure to make a timely application of the brakes and failure to keep a proper lookout were all shown as contributing factors.
This devastating wreck ripped a family apart and left horrifying images in those who lived. Our law firm also helped our clients get the medical attention they needed now and for the future. (Tx SB File # 57238)
Attorney Fees — $956,933.32
Expenses — $84,810.31
Net-to-Client — $2,095,367.63
$2.2 Million Verdict – Industrial Injury, Finger Amputation (NtC: $1,400,000; AF: $733,333; E: $66,667)
Our client was an employee at a meat packing plant in Texas. He worked in the trolley room where they washed the trolleys that carried the carcasses through the plant. To dry the equipment after it was washed, they had a blow dryer and a piece of pipe attached to the blower to direct the air. Our client was told by his boss to wipe out the pipe, which had oil, used to lubricate the blower, accumulating inside. When our client attempted to clean out the pipe, he had several of his fingers amputated.
The defendant did not carry worker’s compensation insurance and was “self-insured” which allowed us to make a claim against them for negligence. When an employer does not carry worker’s compensation, they are liable for 100% of the damages if the jury finds them 1% responsible for causing the injury. (Tx SB File # 34334)
Attorney Fees — $733,333
Expenses — $66,667
Net-to-Client — $1,400,000
$2 Million – Car/18-Wheeler Truck Wreck, Shoulder Injury (NtC: $1,192,388; AF: $666,666; E: $35,520)
Our client was driving on the highway, hauling over 120 barrels of water when another driver from oncoming traffic veered into our client’s lane and collided head-on at highway speeds.
Our client suffered bilateral shoulder injuries that required surgery. We were able to show that our client’s permanent impairment prevented him from being able to return to truck driving. With this recovery, our client was able to maintain financial comfort even at a lower paying job. (Tx SB File # 58544)
Attorney Fees — $666,666.67
Expenses — $35,520.47
Net-to-Client — $1,192,388.75
Our client was working on a trench for a sewer line for a new commercial building when heavy rain delayed construction. When the trench had dried up enough to work, our client went into the trench and it collapsed, causing his death. Unfortunately, this trench did not have the required safety bracing required by OSHA to prevent collapses. (Tx SB File # 34334)
Attorney Fees — $760,000
Expenses — $140,000
Net-to-Client — $1,000,000
$1.77 Million – Forklift Injury, Partial Foot Amputation (NtC: $1,132,882; AF: $433,750; E: $57,682)
Our client was working at a convenience store when a distributor’s driver was unloading products for the store using a forklift. When the defendant’s forklift became high centered he asked our client to help push the forklift back onto an even surface. When the defendant dismounted the forklift, he left it in gear and, as the forklift was pushed onto an even surface, it spun around and ran over our client’s leg, severing his foot at the ankle. Our client underwent several surgeries and intense therapy but eventually suffered from cyanotic toes and had to have all five toes on his foot amputated.
Our team showed that the defendant failed to meet minimum OSHA regulations for driver training. Our client’s recovery helped cover past and future medical bills, time off of work, future wages and impairment. (Tx SB File # 57238)
Attorney Fees — $443,750.00
Expenses — $57,682.91
Net-to-Client — $1,132,882.25
Our client was an employee of an oilfield drilling company. The tool pusher had given the crew a ride home for a day off. Early the following morning, the crew was traveling back to the rig when the driver lost control of the company pickup truck, rolled it and ejected our client, causing his death. The driver had admitted in an interview that he had fallen asleep at the wheel. We were able to find evidence that the driver was traveling well over the speed limit.
Our client left a wife and minor child. There were disputed issues about whether our client was wearing a seat belt and whether the wreck was caused by a tire failure or the negligence of the driver.
Although money never replaces a loved one it does help the family with their economic loss. (Tx SB File # 34334)
Attorney Fees — $700,000
Expenses — $18,422
Net-to-Client — $970,488
Our client had several fingers amputated in a cotton gin due to the lack of appropriate guards on the lint cleaners. Prior to our client’s injury, OSHA had inspected and notified the gin in writing that it lacked the guards, but the gin did nothing to ensure the lint cleaners met OSHA standards.
An additional procedure gin companies can use is called lockout/tagout. The procedure requires the power source to the machine to be shut off and a lock is placed on the power source by every individual who is to work on the machine. In this case, the ginner and the gin manager testified they were aware of lockout-tagout but did not require their employees to follow the safety procedure.
Like many others in the region, this cotton gin did not carry worker’s compensation insurance, and we were able to make a claim directly against them and collect a fair amount to help our client maintain financial independence. (Tx SB File # 43327)
Attorney Fees — $640,000
Expenses — $27,582
Net-to-Client — $932,417.56
Our client was working at a construction site when a 700-800 pound pre-fabricated header fell and pinned him beneath it. The framing was not properly supported causing it to fall. Our client suffered permanent spinal cord injury. The defendants were responsible for the premises and construction activities.
The general contractor attempted to pass liability off to a subcontractor. We were able to use OSHA regulations and the construction contract to show that the general contractor was directly responsible for the dangerous procedures. (Tx SB File # 55098)
Attorney Fees — $499,666.67
Expenses — $39,938.74
Net-to-Client — $959,394.59
Our client was traveling on a two-lane divided highway when a hot-oiler truck collided with his motorcycle. We hired an accident reconstruction expert to reconstruct the collision. He stated that the defendant should have detected a motorcycle trying to pass before he made a left hand turn onto a private dirt road. This opinion was also based on the expert’s review of the Texas Commercial Motor Vehicles Drivers Handbook which states, “special situations require more than regular mirror checks. These are lane changes, turns, merges and tight maneuvers.”
We helped our client with his substantial medical bills, hired a consultant to evaluate his future medical expenses and hired an economics expert to determine lost wage-earning capacity. (Tx SB File # 43327)
Attorney Fees — $424,814.84
Expenses — $73,093.16
Net-to-Client — $776,536.53
Our client was killed working in the oilfield in Eastern New Mexico. A well exploded when a workover rig crew was attempting to plug and abandon a gas well for a large oil company. The explosion propelled the “christmas tree” – set of valves and fittings at top of well – high into the air. As the workers tried to run away, the equipment fell onto our client, killing him.
New Mexico law provides protection to the employer for its negligence. In spite of substantial evidence of misconduct by the employer, the firm was able to prove that the oil company and another of its contractors ignored safety concerns leading up to the explosion. A settlement was reached with the oil company and contractor before trial. (Tx SB File # 55098)
Attorney Fees — $451,177.45
Expenses — $36,694.59
Net-to-Client — $900,171.22
Our client’s husband was working as a federal grain inspector at a grain elevator. His job required him to inspect grain as it was being loaded into railroad cars. The grain elevator operator moved the train while our client was on top causing him to fall where he died beneath the wheels of the train. During our investigation we discovered that the grain facility had not trained its employees in the proper method of moving railcars at its facility. This was despite the fact that they did have written policies in place that specified the movement of such railcars. Even though our client’s employer carried workers’ compensation insurance, we were able to make a “third party” claim against the owner of the grain elevator. Our client was left a widow with three small children to raise on her own. The case was settled while in litigation, based on the negligence of the train operator of the grain elevator. (Tx SB File # 34334)
Attorney Fees — $416,666.67
Expenses — $57,819.82
Net-to-Client — $753,881.51
Our client was a wire line operator in the oilfield. While running test equipment on a well, the threads on a well head joint failed, causing the well head equipment to blast off the well head and strike him in the face. Our client suffered serious jaw and facial injuries.
We demonstrated that the oilfield equipment had an improper combination of tapered threads and straight cut threads which were a mismatch. The equipment had been supplied in a mismatched condition from an oilfield equipment supplier who was ultimately liable for the injury. (Tx SB File # 34334)
Attorney Fees — $433,333.33
Expenses — $108,692.66
Net-to-Client — $687,075.01
Our client was employed as a forklift operator for an industrial warehouse where his job required him to move large pallets of product in the refrigerator and freezer sections at the facility. During the morning of the accident, he was using a forklift in and around the freezer section of the facility. As on other occasions, operating the forklift in the freezer caused ice to build up on the forklift. As our client was operating the stand-up forklift he attempted to stop and get off the lift. As he did so he slipped on melted ice and/or water that had accumulated on and around the forklift. The concrete floor was slippery due to water dripping from other product. When our client slipped, his leg became pinned between the forklift and a metal pole. His employer did not carry workers’ compensation insurance, and were therefore unable to blame our client for any contributory negligence in causing his own injuries. (Tx SB File # 43327)
Attorney Fees — $333,333.33
Expenses — $18,572.93
Net-to-Client — $648,093.74