Case Results

Our client is the wife of a UPS delivery driver. The defendant, in this case, was a utility company that was transporting and installing new utility poles. The driver for the utility company pulled across the highway and stopped when entering a private drive. The driver allowed the utility pole he was transporting to remain stretched across the highway lanes of traffic. It was nighttime and the utility pole was not lit or attached with any reflective device. Our client’s husband was traveling on the highway and was unable to see the utility pole. He clipped the utility pole causing him to lose control of his vehicle. He impacted the gasoline pump at a convenience store and was doused with gasoline which explosively ignited. Our client’s husband suffered significant third-degree burns over the majority of his body as well as numerous traumatic injuries. He survived three months in intensive care before finally succumbing to his injuries.

Outcome: 

Our client presented to his doctor with ringing in his ears and balance problems. The doctor diagnosed him with tinnitus or ringing in his ears. Six months later, he was again seen by his doctor and, despite his worsening condition, he was not referred for further evaluation. Subsequently, he was seen by another doctor and immediately hospitalized. He was diagnosed with a brain tumor. The young man died subsequent to trial at age 15.

Outcome: 

At the age of four, a young girl was diagnosed with myocarditis and eventually required a pacemaker implant. Her pacemaker was regularly monitored with a 24-hour Holter Monitor. At age 11, the girl collapsed on the playground at school as a result of her pacemaker failing to properly function. She was revived but suffered permanent and severe brain damage resulting in her death nine months later.

The girl’s parents brought an action for the wrongful death of their child alleging that the doctors had been negligent in their reading of the testing on the Holter Monitor. Testing showed that there were periods of time where the pacemaker was not functioning as evidenced by a flat line on the EKG strip. This finding was read by the physicians as “pacemaker functioning normally.”

Outcome: 

Our clients were the parents of a young man who died in a single-vehicle rollover. The roof of the SUV collapsed into the passenger compartment pushing the young man’s head into his chest and trapping him in that position. This position prevented the young man from being able to breathe resulting in his death due to positional asphyxiation.

Outcome: This case was tried to a jury who found that the SUV's roof was defective and unreasonably dangerous and awarded our clients $15 million in damages.