Dallas Fort Worth Injury Lawyer Blog

A lawsuit by the widow whose husband died of lung cancer is headed to trial again. Nearly two months after ending in a mistrial, the first of about 8,000 cases against tobacco companies in Florida is scheduled to head to trial again in Florida.

Elaine Hess is suing cigarette maker Philip Morris, alleging her husband's death was caused by his addiction to cigarettes containing nicotine. Stuart Hess, a locksmith, died of lung cancer at age 55 in 1997.

The case originally went to trial in December, but ended on the second day of testimony after an expert witness for Hess used a racial slur.

Continue reading " Florida Tobacco Lawsuit To Restart " »

On Dec. 12, 2008, a pipefitter recovered $90,780 after a jury found that he was partially responsible for injuries he sustained in an accident at a refinery in Port Arthur.

In 2005, James Levine was working on a scaffold owned and erected by United Scaffolding when a piece of plywood covering a hole in the scaffold moved. He fell into the hole but caught himself with his arms. He was later diagnosed with neck injuries allegedly caused by the incident.

Continue reading " Pipefitter Injured in Fall Recovers $90,780 " »

In 2004, a 24-year-old mother found blood in her stool and kept having pain when she went to the bathroom. When she went to her local doctor, she was repeatedly told that she was merely suffering from hemorrhoids.

Seven months after she visited the doctor, she was rushed to University Medical Center's emergency room because of major pain. Shortly after that, she was diagnosed with colon and rectal cancer. She died in 2007 at the age of 27.

The Las Vegas District Court jury awarded her family $2.5 million in a medical malpractice lawsuit. The suit contended that the doctor and a nurse at the family practice, were negligent and did not examine her properly.

The jury determined that the doctor was mostly responsible for the negligence that contributed to the woman's death and that he "fell below the standard of care," according to the verdict.

If she had been properly diagnosed when she first visited her doctor, her chances of surviving the cancer would have been 97 percent. Her chances dropped to 50 percent by the time she was diagnosed in December 2004.

Continue reading " NV Jury Finds For Family $2.5 M in Med Mal Case " »

High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, according to the Wisconsin Supreme Court.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

Continue reading " Wisconsin Ruling Limits Cheerleader Injury Suits " »

The plant in Georgia that produced peanut butter tainted by salmonella has a history of sanitation lapses and was cited repeatedly in 2006 and 2007 for having dirty surfaces and grease residue and dirt buildup throughout the plant, according to health inspection reports. Inspection reports from 2008 found the plant repeatedly in violation of cleanliness standards.

Continue reading " Peanut Butter Update " »

A new study finds that hundreds of young children in the Washington D.C. area experienced potentially damaging amounts of lead in their blood when lead levels were rising in the city's tap water.

In some neighborhoods, the number of toddlers and infants with blood-lead concentrations that can cause irreversible IQ loss and developmental delays more than doubled after lead began leaching into the city's drinking water in 2001, according to the findings to be published in Environmental Science and Technology journal.

Continue reading " Washington D.C. Water With High Lead Levels " »

The U.S. Supreme Court declined to hear the case of a former Colleyville woman who says that a forced traumatic exorcism left her so physically bruised and emotionally scarred that she later tried to commit suicide.

Attorneys for Laura Pearson filed an appeal before the court arguing that the Texas Supreme Court was wrong in tossing out her case against the Pleasant Glade Assembly of God in Colleyville.

In the appeal, Pearson's attorneys argued that the Texas ruling "dramatically and dangerously departs" from the Supreme Court's earlier decisions, and that someone's religious beliefs do not excuse them from being held accountable under valid state laws that prohibit such things as assault and false imprisonment.

Continue reading " U.S. Supreme Court Declines Colleyville, Texas Exorcism Case " »

Workers who cooperate with their employers' internal investigations of discrimination may not be fired in retaliation for implicating colleagues or superiors, according to a unanimous Supreme Court ruling.

The court voted to reverse the 6th U.S. Circuit Court of Appeals' ruling that the anti-retaliation provision of Title VII of the 1964 Civil Rights Act does not apply to employees who merely cooperate with an internal probe rather than complain on their own or take part in a formal investigation.

Continue reading " Supreme Court Rules For Worker Over Retaliation " »

The family of a Wisconsin teenager killed on a 2007 amusement park ride will be paid $1 million in the settlement of their lawsuit against the operators.

The girl aged 16, died July 14, 2007, in a fall from a giant swing ride at Lifest 2007 when her safety harness was improperly secured.

The parents, named Life Promotions and Air Glory Inc. in a wrongful-death suit and reached an agreement, according to their attorney.

Continue reading " Amusement Park Operators Settle Wrongful Death Suit " »

An Army investigation called the electrocution death of a U.S. soldier in Iraq a "negligent homicide" caused by military contractor KBR Inc. and two of its supervisors.

Staff Sgt. Ryan Maseth, 24, of Pittsburgh, died as a result of negligent homicide because the contractor failed to ensure that "qualified electricians and plumbers" worked on the barracks where the soldier died.

Continue reading " Report: KBR Negligent in Soldier Electrocution " »

More than 125 products have been recalled in a salmonella-and-peanuts investigation that keeps getting bigger, according to federal health officials.
The list ranges from goodies like cookies and ice cream to energy bars. Even food for dogs may not be entirely safe, with a national company recalling some of its dog treats.

Continue reading " FDA: Products Recalled in Peanut Salmonella Outbreak " »

On Dec. 8, 2008, a jury awarded $873,000 to an insurance adjuster who claimed he was fired for cooperating with an FBI investigation.

In 2003, the FBI began investigating fraud allegations made against one of Fred Klecka's co-workers. Klecka claimed that when his managers learned he was cooperating with the FBI, he was told he would be fired if he continued.

Klecka refused to obey his managers and within a few months began receiving poor job evaluations. He alleged he was wrongfully terminated in 2005 for refusing to obstruct the investigation.

Allstate denied that Klecka was told not to cooperate with the FBI and argued he was fired for poor performance.

Klecka v. Allstate Insurance Co., No. 2006-CI-08400

Court: 150th District Court, Bexar County

The Food and Drug Administration said that salmonella was found in a package of peanut butter sandwich crackers made by Kellogg.
Kellogg said that a previously recalled peanut butter-sandwich cracker tested positive for salmonella.

The outbreak has led to 474 reported illnesses and may have caused six deaths, according to the Centers for Disease Control and Prevention.

Continue reading " FDA Confirms Salmonella in Peanut Butter Crackers " »

On Dec. 12, 2008, a jury sided with a neurosurgeon accused of failing to perform the appropriate procedure on a patient with spinal injuries.

In May 2004, Dr. Walter Loyola performed a two-level fusion on Melinda Lynch's neck. She had a second fusion in late July, but her problems persisted. She ultimately underwent a 360-degree fusion performed by another doctor three months later.

Lynch sued Loyola for malpractice, alleging the two-level fusions failed and that she wouldn't have needed the third surgery if Loyola had initially performed a 360-degree fusion instead.

Loyola argued that he believed the two-level fusion would be successful and would have allowed Lynch a greater degree of mobility than the other procedure. He also claimed Lynch didn't allow for the 12 weeks he told her it would take for her spine to fully fuse.

Lynch v. Loyola, No. 296-2359-06

Court: 296th District Court, Collin County

On Dec. 4, 2008, a jury awarded $49,098 to a mother and two children injured in a rear-end collision in Dallas.

In 2004, Silvia Dominguez and her children Teresita and Erick Hernandez were passengers in a vehicle struck from behind by a van driven by Raul Romero and owned by Champ Transportation Services.

Dominguez sustained back injuries and underwent chiropractic treatment, a diskogram and disk resection at L4-5. However, she claimed her pain still persists and she may need a lumbar fusion in the future.

The children also had minor injuries and were treated at the emergency room after the crash.

The defendants admitted liability but argued Dominguez's back problems were due to her job as a warehouse worker and disputed the need for future treatment.

Dominguez v. Romero, No. DC-06-03870

Court: 160th District Court, Dallas County

On Nov. 25, 2008, a jury determined that dogs were not to blame for an accident that injured a motorcyclist.

In 2002, Ronald Ashley was riding his motorcycle in Midlothian when he claimed two dogs ran into his path and caused him to fall. He sustained five fractured ribs and a collapsed lung in the incident.

Seeking $50,000 in damages, Ashley sued the dogs' owners, Cathy and C.L. Smith, alleging they violated the city's leash law.

The Smiths denied negligence, contending that Ashley waited two years before notifying them of the alleged incident.

The defense also argued that there were inconsistencies between the medical records and Ashley's testimony about how the accident happened, noting that there was no mention of the dogs in the records.

Ashley v. Smith, No. 67850

Court: 40th District Court, Ellis County

The Centers for Disease Control and Prevention confirmed a link between peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states.

Continue reading " CDC and Peanut Butter Salmonella Link " »

CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

Continue reading " California to Rescue Good Samaritans " »

On Dec. 4, 2008, a jury ordered a computer parts distributor to pay $247,000 in damages after one of its laptop batteries short-circuited, resulting in a house fire.

In 2006, Rodger Hill was using his Hewlett-Packard laptop computer, which contained a battery distributed by Kahlon Inc., at his home in Southlake when the battery short-circuited.

The computer caught fire and quickly spread to the rest of the house. Hill blamed Kahlon, alleging the battery was defective.

The fire caused thousands of dollars in damage and rendered Hill's home uninhabitable for a year. He sought $251,000 for property damage, repair costs and loss of use. Kahlon argued the fire was caused by a defect in the laptop, not the battery.

A suit against Hewlett-Packard settled before trial.

Hill v. Kahlon Inc., No. 217446-06

Court: 348th District Court, Tarrant County

Hospital companies in Texas, many of which collect millions in state and federal funds, operate with minimal public disclosure of deficiencies. The state keeps information on complaints and inspections largely private because influential health care corporations want it that way, and Texas legislators have obliged.

As a result, it is next to impossible for the public to determine whether state enforcement works properly. Hospital lobbyists designed much of this system.

The Texas Department of State Health Services provides, on its Web site, a small amount of data on hospital fines. The department also furnishes limited and heavily redacted violation records to anyone who makes a formal open-records request, pays in advance and sometimes waits months for delivery.

Continue reading " State of Neglect: Texas Law Lets Hospitals Hide Problems " »

According to city officials the parents of a teenager who was killed in a confrontation with Huntington Beach police in 2006 will receive $125,000 from the city in a settlement of their wrongful-death lawsuit.

The victim aged 18, was shot by two Huntington Beach police officers after they responded to 911 reports of a woman holding a 4-inch knife walking near a park.

The parents filed a lawsuit accusing the two officers of excessive and unreasonable force. The suit sought at least $40 million in compensatory and punitive damages for each parent.

Investigations by the Orange County Sheriff's Department and the district attorney's office cleared the officers of wrongdoing, saying they were forced into a split-second decision to kill a woman they believed to be dangerous.

Continue reading " Huntington Beach CA to pay $125,000 in Wrongful Death Lawsuit " »

Harris County is the most dangerous county in Texas for railway accidents, according to a recently released report.

There were 1,376 reported incidents including derailments, collisions, pedestrian trespassing and hazardous material releases from 1998 through 2007 in the county, according to the Texas Rail Relocation and Improvement Association. The accidents killed nearly 100 people and left more than 1,100 injured, the group said.

Nationally, Texas — with more railroads than any other state and more miles of track — ranks No. 1 for train-vehicle collisions and deaths at rail crossings, the group said.

There were 12,271 rail accidents in Texas from 1998 to 2007 — the most recent figures available — leading to 853 deaths and 7,203 injuries, according to the association.

Continue reading " Tarrant County Texas Train Accidents " »

The Dallas VA medical center's psychiatric wing, where two patients committed suicide last year, reopened fully after a nine-month closure.

The wing has been renovated, with new technologies to help safeguard patients and alert hospital personnel about potential problems.

Continue reading " Dallas VA Hospital Opens Remodeled Psychiatric Unit " »

Six veterans who allege they were exposed to dangerous chemicals, germs and mind-altering drugs during Cold War experiments sued the CIA, Department of Defense and other agencies, in San Francisco Federal Court.

The vets volunteered for military experiments they say were part of a wide-ranging program started in the 1950s to test nerve agents, biological weapons and mind-control techniques.

They allege in their lawsuit that they were never properly informed of the nature of the experiments and are in poor health because of their exposure. They are demanding health care and a court ruling that the program was illegal because it failed to obtain their consent.

The lawsuit seeks class action status on behalf of all participants allegedly exposed to harmful experiments without their knowledge.

The lawsuit said that at least 7,800 U.S. military personnel served as volunteers to test experimental drugs such as LSD at the Edgewood Arsenal near Baltimore, Md., during a program that lasted into the 1970s.

Continue reading " Vets Sue US Over Military Experiments " »

A class action suit against the maker of a blood thinning Heparin drug claims the company is substituting safer ingredients - cooked, dried pig intestines - with more dangerous ones.

Joyce Ann Osteen of Illinois is suing Baxter over its anticoagulant drug Heparin in St. Clair County Circuit Court.

She claims the company began substituting a more dangerous ingredient to "reap greater profits as a result of utilizing cheap component parts."

Baxter began making the drug from enzymes found in pork intestines, according to the complaint filed Jan. 5.

Continue reading " Baxter Contaminated Heparin Class Action Lawsuit Filed " »

On Sept. 24, a jury rejected a family's claim that its elderly patriarch died as a result of injuries sustained when he fell at a Family Dollar Store.

The family of Warren Tiner, 84, alleged he was shopping at the Tyler store when he tripped over a box left out in an aisle.

Complaining of back pain, he checked into a hospital eight days after the September 2006 incident. His condition worsened, and he developed other health issues, including pneumonia, heart problems and eventually paralysis from spinal cord compression.

Tiner's family claimed his death in July 2008 was related to injuries from the fall. Family Dollar denied that a box was in the aisle and contended that even if it were, Tiner should have seen and avoided it.

The defense also argued that Tiner suffered from chronic health problems prior to the incident.

Tiner v. Family Dollar Stores of Texas L.P., No. 07-1759-C

Court: 241st District Court, Smith County

On Sept. 30, a driver and his passenger netted a total of $1,456,874 for injuries they sustained in a collision with a tractor-trailer.

In 2006, Ronny Martinez, then 35, was traveling with Kenneth O'Neal, then 48, when an 18-wheeler owned by Celadon Trucking Services veered into their lane. Martinez swerved, but gravel off the roadway caused him to lose control and drive back onto the interstate.

He collided with the truck, causing his car to flip and roll several times. Martinez, a restaurant manager, sustained a fractured vertebra and was unable to work for two months.

O'Neal, a retail store manager, suffered a minor brain injury and torn ligaments in his knee. He underwent a knee replacement and has not worked since the accident.

Celadon acknowledged that its driver contributed to the accident but argued that Martinez overreacted. The jury found Celadon 80 percent liable and Martinez 20 percent liable.

Martinez v. Celadon Trucking Services Inc., No. 72596

Court: 40th District Court, Ellis County

On Oct. 1, a jury found that neither party was to blame for a collision that resulted in neck and back injuries for one driver.

In 2004, Christy Chaney's car was struck by a vehicle driven by Alan Sunberg as both drivers were traveling in opposite directions on Hwy. 190 near Heidenheimer, Texas.

Chaney alleged Sunberg caused the crash when he entered her lane as he attempted to maneuver around a truck that was turning left in front of him.

She said the injuries she sustained required three months of chiropractic treatment. She also claimed experiencing headaches and that an MRI showed possible bursitis from the jarring impact, but she has not received any further treatment.

She sought $75,000 in damages. Sunberg argued that he had to go into Chaney's lane to avoid hitting the truck.

Chaney v. Sunberg, No. 219-964-B

Court: 146th District Court, Bell County

On Sept. 19, a jury sided with a doctor accused of failing to prevent a patient's heart attack.

In 2004, Phyllis Jackson, then 49, underwent a hysterectomy, which had been recommended by her doctor, Suvij Upatham.

The day after the procedure, Jackson complained of chest discomfort and tests showed an elevated heart rate. A nurse notified Upatham, who ordered a number of interventions but did not order an EKG.

Hours later, Jackson went into respiratory distress, and an EKG revealed she had a heart attack. She now suffers from congestive heart failure and is unable to work.

She blamed Upatham, claiming he did not properly test her heart prior to the hysterectomy and that he failed to notice the heart attack symptoms following the procedure.

Upatham argued that Jackson underwent proper testing before the surgery and that her post-operative discomfort was not unusual.

Jackson v. Upatham, No. 70620

Court: 354th District Court, Hunt County

FORT WORTH — A man had walked his southeast Fort Worth neighborhood for years without any problems from dogs. Until Tuesday morning.

A pit bull terrier mauled the 61-year-old man in a vacant field as he strolled home from a neighborhood convenience store.

"He charged straight at me," the man said Wednesday afternoon from home, where he was nursing his injured hand and leg. "If there had been a rock or something, I could have done something."

But a 76-year-old man, whom police described as a good Samaritan, came to victim’s rescue. The man heard the attack and managed to pull the dog off victim’s left arm.

The injured was taken to John Peter Smith Hospital in Fort Worth with injuries to his left hand and right leg. He was released shortly after the incident.

Continue reading " Fort Worth Man Mauled by Pit Bull " »