Dallas Personal Injury Lawyer Blog

Construction Company Must Pay For Death In Work-Related Accident

 
A construction company agreed to pay $400,000 to the family of a worker who died when the street sweeper he was operating tipped over. Everado Reyes, a married father of two, was employed as an equipment operator for Madden Contracting Co. However, his family claimed he didn't have a driver's license and wasn't qualified to operate the sweeper. They blamed Madden for his death, alleging the company failed to train him properly and didn't adhere to its own regulations regarding seat belt use and licensing. Madden argued Reyes was at fault for turning a corner too sharply and failing to wear a seat belt. It contended Reyes was instructed on how to use the sweeper by other employees. Reyes' family also had a products liability suit against the maker of the street sweeper, which settled for a confidential amount.

Government Ordered to Pay As A Result of Death in Car Crash in Texas

 
A judge awarded $990,000 to the parents of a man killed in a collision with a federal government-owned vehicle. In 2008, Shane Morgan and his 12-year-old daughter were killed when Luis Joel Miramontes, a Navy officer, attempted to a pass another vehicle in a no-passing zone and collided with Morgan's car. Miramontes was later found guilty of manslaughter. Morgan's wife sued the federal government, alleging it was responsible for Miramontes' negligence. Morgan's parents, Larry and Linda Morgan, joined the suit as intervenors, and made loss of consortium and mental anguish claims. The government settled with the wife and surviving child, but it argued there was no evidence that Larry or Linda Morgan suffered from depression or significant adjustment problems. Judge David Folsom disagreed and awarded each parent $495,000.

Jury Awards 9.7 Million for Wrongful Death at Workplace

 

A jury awarded $9.7 million to the family of a man who died while working inside a tank at a landfill gas facility in Houston. On Feb. 22, 2005, Adan Padron, 41, was sent inside the gas tank to manually remove spent iron sponge. Minutes after entering, a piece of sponge fell from the wall and struck Padron, fracturing his neck. He was pronounced dead upon arrival at the hospital. Padron's wife blamed GSF Energy LLC, the contractor and operator of the facility, alleging it knew the tank was hazardous. She further contended that GSF Energy didn't conduct a full hazard analysis before approving a permit to allow workers into the tank, in violation of OSHA and company policies.

Bar Ordered to Pay 5.7 Million for Drunk Driving Death

 

The parents of a woman who died in a car accident after a night of heavy drinking won $5,771,197 in a lawsuit against a bar they accused of over-serving her. In 2006, Jodi Sproles, 21, died as a result of injuries she sustained when she crashed her car into two trees. Prior to the collision, Sproles had been drinking at bars in Longview, including Player's Social Club. Sproles' parents alleged the bars directly contributed to their daughter's death because employees continued to serve her despite her obvious state of intoxication. Player's Social Club, which was represented at trial by its owner, argued it wasn't responsible for its employees' actions, nor was it to blame for Sproles' decision to drink and drive. Other establishments named in the lawsuit settled for a confidential amount prior to trial.

CHILD'S DEATH RESULTS IN SETTLEMENT

A couple who claimed better communication between hospital staff could have prevented their infant's death received a $250,000 settlement from their doctor and hospital. In May 2005, Jezel Elizarde gave birth to a daughter at Laredo Regional Medical Center. Within hours of her birth, the baby began to show signs of respiratory distress. However, Elizarde and her husband alleged the hospital nurse didn't properly inform Dr. Roberto Villegas, the neonatologist, about the seriousness of the baby's symptoms. The couple also claimed that when Villegas arrived, he failed to order the aggressive treatment needed to save the baby's life. She died 20 hours after her birth due to cardiopulmonary collapse. Villegas said he ordered the appropriate tests and blamed the nurse for failing to give him the proper information. The hospital denied negligence.