Dallas Personal Injury Lawyer Blog

Customer's Slip and Fall In Store Results In Plaintiff's Verdict

A jury awarded $856,855 to a man who claimed he sustained severe back injuries when he fell in a grocery store. Candelario Becerril bumped against the chrome rail separating the check-out lines as he was shopping at a Brookshire's grocery store in Pittsburg back in 2006. The rail collapsed, sending him to the floor. He said he sustained lumbar disc injuries. A year later, he underwent a laminectomy, discectomy and fusion surgery, but he said he continues to need pain medication and epidural injections. Becerril sued Brookshire's, alleging the store failed to properly maintain and inspect the area where he fell. Brookshire's argued Becerril's injuries were caused by an on-the-job accident a few years earlier. 

 

Workplace Safety Accident Results in 4.9M Verdict

 

A welder who was burned by hot metal and was returned to work by a company-approved doctor recovered $4.9 million. Ignacio Llamas was welding when hot metal dropped into his boot. He went to the emergency room and was prescribed antibiotics, but Llamas claimed the project safety manager told him not to fill it. The manager then took him to another doctor, appointed by a defendant, who returned him to work without restrictions or prescriptions. Llamas developed a severe infection. He blamed contractors Certified Safety Specialists, AltairStrickland, and several others for covering up the severity of his injuries so they could avoid reporting it to OSHA. The jury found the two contractors liable, as well as his employer who wasn't at trial. He was awarded $8.4 million, but it was reduced due to liability apportionment, a high-low agreement and a court reduction.

Surgical Center That Used Unsterlized Instruments Must Pay Patient

 

Surgical Center That Used Unsterilized Instruments Must Pay Patient $200,140

On Oct. 14, a jury determined that a surgery facility must pay $200,140 for using unsterilized instruments on a patient.

In 2007, doctors at Corpus Christi Outpatient Surgical Center performed shoulder surgery on Brian Jacobs. By the end of the procedure, the facility realized that the instruments hadn't been sterilized and the surgeon notified Jacobs in the recovery room.

Jacobs then underwent a debridement using sterilized instruments. As a result of the error, Jacobs had to be on antibiotics for two weeks and undergo testing for hepatitis C and HIV for a year; his results were negative.

He claimed that during the year following the incident, he was afraid of getting sick and potentially infecting his wife and children. He sought $390,000 for his mental anguish and pain and suffering.

The facility conceded liability, but it argued that it informed Jacobs five days after the incident that the unsterilized tools had not been used on anyone who had a communicable disease.

School District Must Pay For Rear-End Collision With Car

 
A man who claimed he sustained multiple disc injuries in a collision with a school district-owned vehicle recovered $61,113 after a jury trial. In 2006, Russell Durst, then 40, was rear-ended by a vehicle owned by the United Independent School District of Laredo and driven by district employee Eduardo Botello. Durst said he suffered four herniated cervical discs and two bulging lumbar discs. He sought $110,000 in damages for his medical expenses and pain and suffering. The defense disputed Durst's injury claims, arguing that he was still able to lift weights following the accident. The defendants' medical expert opined that Durst only sustained soft-tissue injuries which should have resolved in two or three months.

Jury Awards 100k To Woman As A Result of Car Accident

A jury awarded $100,000 to a woman who claimed she will have to eat puree for the rest of her life due to injuries sustained in a motor vehicle accident. In 2006, Ann Martin was a passenger in a car when it was rear-ended on Highway 35 in Waco. The impact caused the airbag to deploy and hit Martin's jaw. She sustained a temporomandibular joint (TMJ) injury and damage to her right knee. She underwent knee surgery a year later, but claimed the TMJ injury has permanently affected her ability to eat solid foods. Martin brought an underinsured motorist claim against Allstate Indemnity Company, her driver's insurance carrier, seeking compensation for her injuries. Allstate contended that Martin's injuries weren't as severe as she claimed. 

 

CPSC RECALLS ALL ROMAN AND ROLL-UP BLINDS DUE TO DEATHS

The U.S. Consumer Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) are announcing today a voluntary recall to repair all Roman shades and roll-up blinds to prevent the risk of strangulation to young children. This recall involves millions of Roman and roll-up blinds. About five million Roman shades and about three million roll-up blinds are sold each year.

CPSC has received reports of five deaths and 16 near strangulations, since 2006, in Roman shades and three deaths, since 2001, in roll-up blinds. Strangulations in Roman shades can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. Strangulations in roll-up blinds can occur if the lifting loop slides off the side of the blind and a child’s neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.

“Over the past 15 years, CPSC has been investigating window covering hazards and working with the WCSC to ensure the safety of window coverings. We commend the WCSC for providing consumers with repair kits that make window coverings safer and look forward to future steps to eliminate these hazards,” said Inez Tenenbaum, CPSC Chairman.

Over the years, CPSC has been investigating deaths associated with different types of window coverings and has worked with the WCSC to address the hazards posed by them. In 1994 and in 2000, CPSC and WCSC announced recalls to repair horizontal blinds to prevent strangulation hazards posed by pull cord and inner cord loops. As a result of CPSC investigations, the industry has modified its products and provides free repair kits for existing horizontal blinds and other window coverings. In October 2009, CPSC issued a new safety alert to warn parents about the dangers associated with window coverings.

Consumers that have Roman or roll-up shades in their homes should contact the WCSC immediately at www.windowcoverings.org or by calling (800) 506-4636 anytime to receive a free repair kit.

To help prevent child strangulation in window coverings, CPSC and the WCSC urge parents and caregivers to follow these guidelines:

• Examine all shades and blinds in the home. Make sure there are no accessible cords on the front, side, or back of the product. CPSC and the WCSC recommend the use of cordless window coverings in all homes where children live or visit.

• Do not place cribs, beds, and furniture close to the windows because children can climb on them and gain access to the cords.

• Make loose cords inaccessible.

• If the window shade has looped bead chains or nylon cords, install tension devices to keep the cord taut.

 

Jury Awards 1M For Car Crash With Sleeping Driver

 

A jury awarded $1,077,531 to five men injured in a collision with a driver who fell asleep at the wheel. In 2006, the men, landscapers ranging in age from 19 to 40, were on their way home from work when a pickup driven by John Paul Gonzales and owned by Republic Waste Services struck them head-on. All five men were injured and together their medical expenses totaled $343,230. At the time of the crash, Gonzales had been awake for 19 hours after working a full shift and attending a baseball game with other Republic Waste employees, including a supervisor who had dropped Gonzales off at the company truck after they had spent approximately four hours at a bar following the game. Gonzales admitted falling asleep at the wheel, but denied allegations that alcohol played a role. The jury found Gonzales 70 percent and Republic Waste 30 percent negligent.

Woman Awarded 1 Million for Gym Accident

 

A woman who fractured both wrists when she fell off a balancing device at her gym recovered $1 million. In 2005, Valerie Ann Skrine, then 49, fell off a BOSU Balance Trainer during a session with personal trainer Tony W. Hall at Victory Gym and Fitness in Cedar Hill. Skrine said she suffers from complex regional pain syndrome as a result. She sued Hall and the gym, claiming the trainer had her use the exercise equipment in an improper manner. She also blamed Fitness Quest, the maker of the BOSU device, alleging that its warnings were inadequate. The jury found Hall and the gym 85 percent liable and Skrine 15 percent liable; Fitness Quest was exonerated. The jury awarded $2.1 million but a high-low agreement capped the award at $1 million.