Dallas Fort Worth Injury Lawyer Blog

December 4, 2009

Asbestos Mesothelioma Payout System is Being Questioned

Once upon a time, asbestos was practically everywhere. Because the material causes devastating forms of cancer and lung disease, huge product-liability litigation sprung up. That led to huge settlements, which led to the establishment of huge trusts, created to assure payment to millions of current and future claimants.

Some $20 billion now resides in these 40 or so trusts, set up by Johns Manville Corp., Owens Corning and other former makers and sellers of asbestos. But who’s overseeing the trusts? Is the money getting spent properly? In short, are the trusts working as designed?

December 3, 2009

La Salle to Pay $7.5 M to Brain-Injured Football Player

by Dr. Shezad Malik

The worsening impact of head injuries on football was underscored when it was revealed that La Salle University had agreed to pay $7.5 million to a severely brain-damaged player, an amount five times the school’s annual athletic budget.

Preston Plevretes, a sophomore linebacker, was severely injured in a Nov. 5, 2005, game against Duquesne, six weeks after suffering a concussion during an Explorers practice. His lawyers argued that because La Salle prematurely cleared him to return, without having him undergo proper testing or be seen by a doctor, the player became a victim of second-impact syndrome.

December 3, 2009

Supreme Court Allows $82.6M Award in SUV Rollover

by Dr. Shezad Malik

The Supreme Court has left in place an $82.6 million award to a woman who was paralyzed after her Ford Explorer rolled over.

The justices rejected Ford Motor Co.’s challenge to the portion of the award, $55 million, that was intended as punitive damages. Ford argued that it should not be punished because its design of the vehicle met federal safety standards.

A California state appeals court earlier rejected Ford’s contention and upheld the award to Benetta Buell-Wilson.

December 2, 2009

Jury Awards $89 M Against Drunken Driver for Wrongful Death Car Crash

by Dr. Shezad Malik

A jury has awarded $89 million in damages to the family of a man killed in a 2008 crash with a drunken driver, and to the man’s fiancée and daughter.

“The eye-popping numbers were the jury’s attempt to send a message the only way they could,” said attorney Mark Bronson, who won the case after a one-day trial in Franklin County Circuit Court.

He said he doubts his clients will ever see a fraction of the money. But he said the jury’s disgust with drunken driving was unmistakable.

December 2, 2009

Doctor Wins Employment Discrimination Lawsuit Against Cancer Institute

by Dr. Shezad Malik

A radiation oncologist who formerly worked for the University of Pittsburgh Cancer Institute won a $3 million verdict in federal court on charges that her employer retaliated against her for raising concerns about discrimination.

The jury recommended that Dr. Kristina Gerszten be awarded $1.5 million in back pay from the University of Pittsburgh Cancer Institute, which works with the UPMC Cancer Centers, as well as $827,292 in front pay. But according to Dr. Gerszten’s attorney, those amounts are only advisory.

It will be up to U.S. District Judge Arthur J. Schwab to determine what amount the defendant will have to pay.

December 1, 2009

WA Supreme Court Reinstates $8M Award Against Hyundai

by Dr. Shezad Malik

The state Supreme Court reinstated an $8 million default judgment against Hyundai Motor Co. in a lawsuit over the backward collapse of a front seat in a 1997 crash that left a man paralyzed.

In a 7-2 ruling, the high court reversed the Court of Appeals, which had overturned a trial court’s finding for Jesse Magana of Vancouver.

The justices said the South Korean automaker deliberately withheld documentation from Magana’s lawyers for too long concerning other crashes in which front seats collapsed backward.

“Trial courts need not tolerate deliberate and willful discovery abuse,” wrote the majority. “This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined.”

November 30, 2009

Federal Safety Regulators Announce New Crib Recall

by Dr. Shezad Malik

The head of the Consumer Product Safety Commission conceded that the agency “hasn’t been acting as quickly as it should” on crib safety problems.

More than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled following reports of four infant suffocations. The CPSC said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based. Sales of the cribs being recalled go back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo.

November 29, 2009

Federal Lawsuit Dismissed Over Merck’s Fosamax

by Dr. Shezad Malik

A federal judge has dismissed a lawsuit alleging that Merck osteoporosis drug Fosamax causes jaw damage, more than two months after a jury deadlocked in a case involving a similar claim.

U.S. District Judge John Keenan found that Bessie Flemings, 74, a Mississippi resident, failed to present enough evidence to show that her use of Fosamax caused osteonecrosis of the jaw, or the death of jawbone tissue.

Keenan said Flemings’ case was the second “bellwether” trial in nationwide litigation over Fosamax, which has spawned close to 900 lawsuits.

November 28, 2009

Appeals Court Upholds $6 M Strip-Search Verdict Against McDonald’s

by Dr. Shezad Malik

The Kentucky Court of Appeals upheld the $6.1 million jury award to strip-search victim Louise Ogborn, saying McDonald’s legal department was “fully aware” of hoax calls to its restaurants, yet its management made “a conscious decision not to train or warn employees or managers about the calls.”
In a unanimous decision, the court also said that the $5 million awarded to Ogborn in punitive damages for McDonald’s “reprehensible” behavior was justified because the evidence showed the company repeatedly “placed a higher value on corporate reputation than on the safety of its own employees” over the 10 years it knew about the hoax calls.

A three-judge panel also upheld the judgment for former assistant manager Summers, who claimed she was duped into executing the search because of the company’s failure to warn her about the hoaxes. But the court cut her $1 million punitive damage award to $400,000, saying the jury’s verdict was excessive. Summers was also awarded $100,000 in compensatory damages.

November 27, 2009

Jury Awards Man $6 M When a Tree Falls on his Car

by Dr. Shezad Malik

A Phillipsburg man was awarded nearly $6 million for injuries suffered when a large tree limb dropped onto their car in 2006.

Kenneth Matlock is permanently disabled and can no longer work as a truck driver, his career for more than 20 years.

On July 4, 2006 Matlock, his wife and three children were travelling on Route 29 when the limb from an oak tree, fell onto their car. Matlock and his wife suffered broken necks and he lost the use of his right hand after the limb fell from a height of about 20 feet. Kenneth Matlock, now 43, lost control of the SUV, which continued north 220 feet until hitting a guard rail on the opposite side of the road.