Plaintiff claimed that a corporate truck driver came into her lane as she was entering the interstate northbound causing her to lose control of her vehicle. The defense argued Defendant never left his lane and that Plaintiff changed lanes causing the collision. Plaintiff was diagnosed with four herniated discs and recommended to have a triple-level fusion surgery on her neck and surgery on her low back. The defense expert argued that Plaintiff did not have herniated discs, but she sought more than $270,000.00. The jury found for the defense on April 1, 2010.
Premise-Fort Worth, Texas – Slip and Fall- Defense Verdict
While caring for an in-house patient, a nurse slipped and fell on water inside the homeowner’s laundry room. The nurse complained that the wet floor was a dangerous condition while the defense argued that the Plaintiff knew the floor was wet and should have been able to avoid the fall. On April 4, 2010, the jury returned a defense verdict for the homeowner.
Employment Injury – Wise County, Texas- Broken Pelvis- Settlement
A derrick hand obtained a 9.5 million dollar settlement after he was pinned between two pieces of equipment when a rig driver backed too far. During the incident the employer sustained a broken pelvis and hips causing severe internal injuries. The employee is unable to continue oilfield work and can only work sedentary jobs. The settlement took place on April 2, 2010.
Employment – Dallas, Texas – Fatality – Settlement
Decedent employee was changing the mast of a forklift when he was pinned behind the cage and later died. His surviving family members obtained a $250,000.00 settlement alleging the employer was grossly negligent in allowing Plaintiff to repair the forklift in a manner inconsistent with the manufacturer’s repair manual. Employer argued that Decedent was not to conduct the repairs until his supervisor returned vacation. The OSHA report cited employer for not using the manufacturer’s method. The case was in trial and the jury found gross negligence against employer but the case settled before damages were determined.
Collision-Upshur County- Herniated Disc-Settlement
On March 8, 2010, Plaintiff and Defendants reached a settlement in the amount of $350,000.00. Plaintiff suffered a herniated disc at C5-6 with radiculopathy requiring 8 months of physical therapy and with a surgical recommendation. When the defendant pulled from a parking lot in front of Plaintiff, he was in the course and scope of employment.
Texas Supreme Court – Naturally Occurring Ice Is Not Unreasonably Dangerous
The plaintiff sued a hospital after he slipped and fell on ice on the hospital’s driveway. The Texas Supreme Court affirmed a summary judgment for the hospital holding that as a matter of law naturally occurring ice does not pose an unreasonable risk of harm. The Court rejected the plaintiff’s argument that the ice was not “naturally occurring” holding that salting, shoveling, or applying deicer to a natural ice accumulation does not transform it into an unnatural one. Scott and White Memorial Hospital et al v. Fair, __ S.W.3rd __ (Tex. May 7, 2010).
Fort Worth, Texas – Slip on Milkshake – Verdict
A Dallas County jury awarded the plaintiff $486,402.00 on March 12, 2010. The plaintiff claimed he was knocked unconscious, suffered a broken finger and sustained brain damage after falling on a milkshake at a McDonald’s restaurant. He also claimed changes in his personality, anxiety, depression, blurred vision, memory loss, a speech impediment and ringing in his ears. He alleged the milkshake created a dangerous condition and that employees failed to clean the mess or warn patrons.
Collision – Nacogdoches, Texas – Cement Truck – Defense Verdict
A Nacogdoches County, TX jury found a cement truck driver not liable in a “failure to yield right of way” case on April 1, 2010. The truck driver was alleged to have pulled out in front of the plaintiff’s vehicle striking the left side of her car. She and her passenger claimed to sustain neck injuries and herniated discs. The truck driver argued that he was not at fault and that the plaintiff struck his vehicle. The defense used cell phone records to show that the plaintiff had placed a call immediately before the incident. The plaintiff was found to be solely liable for the accident.
Collision – Franklin, Texas – Texting Driver – Verdict
A Franklin County jury returned a 21.8 million dollar verdict against a defendant who was reportedly texting while driving when he crossed the center line colliding head-on with a college student. The Plaintiff was killed and her friend traveling behind her flipped her car sustaining a concussion. Although the Defendant denied texting while driving, the jury returned over 20 million dollars in punitive damages.
Dallas, Texas – Slip on Milk – Defense Verdict
A Dallas County jury returned a defense verdict on February 25, 2010 against a plaintiff who slipped on a puddle of milk partially tearing the meniscus in her left knee. The defense argued that the plaintiff was not looking where she was walking while Plaintiff’s counsel argued that G.E. Foodland failed to properly inspect and maintain the store and failed to warn plaintiff of the danger. The jury found the plaintiff 70 % at fault.