Texas Disciplinary Rule of Professional Conduct 7.02 prohibits Texas law firms from disclosing the gross amounts of verdicts and settlements unless the disclosure also states the net amount received by the client, after deducting for offsets, reductions on appeal, attorneys' fees, case costs and expenses. We consider information regarding amounts actually received by our clients to be privileged and confidential and feel that public disclosure of such information would be a violation of our client's right to privacy. Additionally, as a result of the values involved, numerous settlements reached by our firm are subject to confidentiality clauses which prohibit public disclosure. Accordingly, we are only able to report the following information regarding cases of interest that were handled by attorneys with our firm. Please keep in mind that all cases are unique and the following results are not intended as a guarantee of future results.
Cases of Interest
Petty v. BNSF Railway Co., (District Court, Montgomery County, Texas). Wrongful death suit filed on behalf of minor child as a result of the death of his father, a pedestrian, who was struck and killed by commercial truck owned by the BNSF Railway Co. Evidence in the case suggested that the driver of the truck had fallen asleep and drifted across the roadway after working a 21-hour shift the previous day. The case was settled on the first day of trial.
Huffman v. Union Pacific Railroad Co., (United States District Court—Eastern District of Texas). Suit filed under the Federal Employer’s Liability Act (FELA) by an injured railroad worker against his railroad employer. Plaintiff was a railroad conductor who sustained cumulative trauma injuries in both knees as a result of years of getting on and off moving equipment and from walking on railroad ballast. The jury returned a verdict in favor of Plaintiff.
Powers v. Union Pacific Railroad Co., (United States District Court—Eastern District of Texas). Suit filed under the Federal Employer’s Liability Act (FELA) by an injured railroad worker against his railroad employer. Plaintiff was a railroad switchman who sustained carpal tunnel syndrome as a result of occupational exposure to ergonomic risk factors while employed by the railroad. The case was settled on the second day of trial.
Guerro v. Flores, (County Court, Harris County, Texas). Personal injury suit filed as a result of a motor vehicle collision. Plaintiffs were struck from behind when Defendant’s vehicle struck another vehicle and pushed it into Plaintiffs’ vehicle. The jury returned a verdict in favor of Plaintiffs.
Yarbrough v. Union Pacific Railroad Co., (District Court, Harris County, Texas). Personal injury suit filed under the Federal Employer’s Liability Act (FELA) by an injured railroad worker. Plaintiff was a track laborer for the Union Pacific Railroad who suffered a bulging disc and rotator cuff injury as a result of cumulative and/or repetitive trauma at work. Plaintiff alleged the Union Pacific failed to adopt and implement proper ergonomic programs to prevent these types of injuries. The jury returned a verdict in favor of Plaintiff.
Wright v. Bronco Drilling Co., (United States District Court--Eastern District of Texas). Oilfield injury case filed on behalf of 24-year old worker whose leg was amputated when a section of the drilling platform rolled over on him while being unloaded by forklift. Evidence developed in the case showed that the tool pusher on the rig, who had responsibility for safely coordinating the work, had several prior alcohol related incidents and was absent from the rig at the time the incident occurred. The case was settled just before trial.
Tarrant v. Union Pacific Railroad Co., (United States District Court—Eastern District of Texas). Suit filed under the Federal Employer’s Liability Act (FELA) by injured railroad worker to recover damages as a result of carpal tunnel syndrome caused by ergonomic risk factors including setting handbrakes and lacing air hoses on railcars. Plaintiff alleged the Union Pacific failed to adopt and implement proper ergonomic programs to prevent these types of injuries. The jury returned a liability verdict in favor of Plaintiff.
Willis v. White, (County Court at Law, Harris County, Texas). Auto collision case filed on behalf of an 18-wheeler driver who was struck by drunk driver. Plaintiff sustained injuries to his neck and back. The jury returned a verdict in favor of Plaintiff and awarded punitive damages against the Defendant.
Grisham v. BNSF Railway Co., (District Court, Hardin County, Texas). Suit filed under the Federal Employers' Liability Act (FELA) on behalf of a railroad conductor/switchman who was diagnosed with Chronic Lymphocytic Leukemia ("CLL") as a result of his occupational exposure to bezene while involved in switching railroad tank cars. Case was resolved for a confidential amount prior to trial.
Hernandez v. Star Disposal Systems, (County Court at Law, Harris County, Texas). Personal injury suit resulting from motor vehicle collision. Plaintiffs sustained serious injuries including herniated discs when their vehicle was struck by a commercial vehicle. At trial evidence showed that the company was negligent in employing a driver who’s commercial license had been suspended as a result of vision problems. The jury returned a verdict in favor of Plaintiffs.
Norwood v. Holmes, (County Court at Law, Harris County, Texas). Negligence case filed to recover for personal injuries and damages sustained as a result of a motor vehicle collision. The jury returned a verdict in favor of Plaintiff.
Harper v. Derk Harmsen Construction Co., Inc., (District Court, Harris County, Texas). Construction injury case filed to recover personal injuries and damages sustained by a painter who was injured when he fell from a scaffold on the jobsite. Evidence in the case showed that general contractor who had set up the scaffold failed to properly install the side rails. Despite this fact, the jury only attributed 40% fault to the general contractor. As a result, under Texas law, the Plaintiff recovered nothing.
Edwards v. Kansas Fire & Marine Ins. Co., (District Court, Lubbock County, Texas). Personal injury and insurance bad faith claim filed against Plaintiff’s insurance company for failure to pay underinsured motorist claim. Case was settled for policy limits on second day of trial and subsequent claim for extra-contractual damages were settled shortly thereafter.
Smith v. Cavalier Manufacturing Co., (American Arbitration Association). Product liability claim filed against mobile home manufacturer. Plaintiff severely injured his knee when he stepped on an air conditioning vent that had been carpeted over in a brand new mobile home manufactured by Defendant. Suit was filed in federal court, but as a result of an arbitration provision in the purchase contract, the parties were forced to binding arbitration. The arrbitrator found in favor of Plaintiff.
Ruiz v. Medina, (County Court at Law, Harris County, Texas). Personal injury suit filed to recover damages sustained when Plaintiff’s vehicle was struck by a vehicle operated by a drunk driver that had run a red light. The jury returned a verdict in favor of Plaintiff and awarded punitive damages against the Defendant.
Moores v. Shark Trucking, Inc., (District Court, Harris County, Texas). Malicious prosecution case filed by truck driver against former employer for damages resulting from his false arrest and imprisonment. Plaintiff was arrested as a result of a false police report filed by owners of trucking company, who later admitted on audio tape to a court appointed private investigator that they had falsified the report. Based on the audio tape, the District Attorney dismissed the charges against the Plaintiff who had been in jail five months pending a trial date. Upon release Plaintiff filed a civil suit to recover damages. The jury returned a verdict in favor of Plaintiff.
Wimberly v. Buffalo Construction Co., Inc., (District Court, Harris County, Texas). Personal injury suit filed by Plaintiff against general contractor of construction site as a result of personal injuries sustained when he was severly shocked by live electrical wires running across the construction site. Despite the fact that plaintiff did not appear live at trial, and had to testify by prior deposition, the jury returned a verdict in favor of Plaintiff.
Chavez v. Kellogg Brown & Root, (District Court, Cameron County, Texas). Personal injury suit filed as a result of the death of decedent from Mesothelioma as a result of occupational exposure to asbestos while employed by Defendant. The jury returned a verdict in favor of Plaintiffs.
Lehr v. Drabek, (County Court at Law, Harris County, Texas). Personal injury suit filed as a result of injuries sustained in a motor vehicle collision allegedly resulting from “road rage” by the Defendant. The jury returned a verdict in favor of Plaintiff.
Elrod v. Jain, (District Court, Brazoria County, Texas). Personal injury suit filed as a result of injuries sustained in a motor vehicle collision. Plaintiff claimed she injured both knees when her vehicle was struck from behind by Defendant. Defendant alleged injuries were the result of pre-existing condition resulting from skiing accident several years before. The jury returned a verdict in favor of Plaintiff.
Logullo v. Ramirez, (District Court, Harris County, Texas). Personal injury suit filed as a result of injuries sustained in a motor vehicle collision resulting from Defendant’s failure to stop at a stop sign. Plaintiff sustained TMJ and tinnitus as a result of the collision. The jury returned a verdict in favor of Plaintiff.
Martinez v. Ryland Homes, Inc.,et al. (District Court, Harris County, Texas). Personal injury suit filed as a result of injuries sustained on a construction site. Plaintiff suffered severe injuries to his hand when the circular saw he was using kicked back. The safety guard on the saw had been pinned back by the employer to speed up work on the jobsite. Claims against the general contractor were settled prior to trial and the case proceded to trial against the non-subscriber employer. A verdict was returned in favor of Plaintiff.