Dallas Fort Worth Injury Lawyer Blog

May 21, 2009

Conroe Texas Company Pays $175,000 to Former Employee

A Texas tubing company agreed to pay $175,000 to a former employee it fired less than a month after he complained of racially offensive comments.

The recent agreement settles a lawsuit that the Equal Employment Opportunity Commission filed against Maverick Tube Corp. in 2007 for retaliation, according to the consent decree.

Maverick Tube, which is a supplier of tubes to the energy industry, denies the allegations but entered into the settlement to avoid protracted litigation, according to the agreement.

Karen Gillen Allen, said the allegations were made by a former employee who was dismissed.

May 20, 2009

Ex-deputy Fights Harris County, Texas in Discrimination Case

by Dr. Shezad Malik

The late Harris County Constable Glen Cheek regularly referred to women in derogatory and obscene terms, made female employees do his personal shopping, did not properly promote them and fired a female deputy constable for something he would have forgiven a man.

But jurors in the federal sexual harassment and discrimination lawsuit filed by Kimberly Owen also heard Harris County attorney Lina Garcia say Owen was fired solely because she was charged with drunken driving. Garcia said Owen raised the gender allegations later because she won’t take responsibility for her own actions.

Opening statements were made in the case before U.S. District Judge Vanessa Gilmore Monday afternoon. Scott Newar, Owen’s lawyer, said this lawsuit against Harris County is about the way woman are treated in law enforcement throughout the county.

May 19, 2009

Providence man Awarded $4 M in Medical Malpractice Case

by Dr. Shezad Malik

A Superior Court jury awarded a former truck driver $4 M, concluding that negligence by his orthopedic surgeon caused him mental and physical suffering.

Robert T. Baird Jr., of Providence, filed a medical malpractice suit against Dr. Kenneth J. Morrissey in 2002, alleging the Cranston doctor’s negligence. Morrissey denied the complaints.

The jury awarded Baird $1.5 million for physical pain, $1.5 million for mental suffering, $500,000 for disfigurement and $500,000 for lost wages, according to David Morowitz, Baird’s lawyer.

Baird worked as a truck driver for The Providence Journal from 1981 until he began experiencing extreme pain in his right arm in 1999. He went to Morrissey, who operated to improve his movement and in the process removed a benign tumor.

May 18, 2009

Unread X-ray leads to $2 M Malpractice Award

by Dr. Shezad Malik

Zachary James died at at a North Philadelphia hospital when his heart stopped beating on April 20, 2006.

The next day, his wife learned that his death may have been preventable, if someone had just looked at his X-rays before he died.

Following a 10-day trial, a jury awarded Rosalyn James, Zachary’s widow, $2.185 million in a malpractice suit against St. Joseph’s Hospital and two emergency-room physicians.

“I know it would never bring him back,” she said. “But now he’s at peace because I fought for him.”

May 17, 2009

Texas Widower Seeks to sue Operator of Pig Farm

by Dr. Shezad Malik

A Texas court petition seeking answers in a Cameron County teacher’s swine flu death accuses a Virginia-based company of having “horrifically unsanitary conditions” at its pig farm in Mexico and wants to discover what role the farm might have played in the outbreak.

The petition was filed in Texas state District Court in Cameron County by Steven Trunnell of Harlingen on behalf of his wife, Judy Dominguez Trunnell, a 33-year-old special education teacher who died May 5 after delivering a healthy baby girl by cesarean section days earlier.

She was the first U.S. citizen to die of swine flu; a toddler from Mexico City died in Houston on April 27.

May 16, 2009

Denver Jury Awards Millions In Sumo Wrestling Lawsuit

by Dr. Shezad Malik

A Denver jury awarded $2 million to a woman who was injured at a Colorado Springs resort while participating in a mock sumo wrestling game with her coworkers.

Katherine Giles was attending her company’s retreat at Cheyenne Mountain Resort in September 2005 when the accident happened.

Mock sumo wrestling is sometimes used by companies as a team building exercise. It involves participants wearing enormous padded or inflatable suits and helmets.

May 15, 2009

Paralyzed Pole Vaulter Wins Lawsuit

by Dr. Shezad Malik

A young Connecticut man who was paralyzed from the chest down in 2002 while pole vaulting at Southern Connecticut State University has won $6.4 million in damages from the Connecticut affiliate of USA Track and Field.

Brandon White, 25, won the civil lawsuit from a six-member New Haven Superior Court jury.

May 15, 2009

Avandia Class Action Lawsuits Continuing

by Dr. Shezad Malik

GlaxoSmithKline, maker of Avandia, faces more lawsuits alleging that patients suffered from serious Avandia side effects. Among the more severe side effects is the reported link between Avandia and heart attacks. Some critics say the risk of a heart problem is too high, while patients file lawsuits alleging they were harmed by the use of Avandia.

One such lawsuit was filed in Texas, alleging the plaintiff, Frank Casteel, took Avandia for 5 years and then underwent heart bypass surgery. According to the Southeast Texas Record, the suit was filed against Smithkline Beecham Corp., doing business as GlaxoSmithKline. The plaintiff claims that GlaxoSmithKline knew its drug was unreasonably dangerous, knew that patients were not informed about the risks associated with Avandia and still marketed and distributed the drug. Furthermore, the suit alleges that the pharmaceutical maker disclosed positive information about Avandia, but concealed or withheld any negative information about the drug’s safety.

May 14, 2009

Family of Child Killed by Falling Gate Settles Lawsuit

by Dr. Shezad Malik

The family of an 11-year-old boy killed when a 1,600-pound metal gate fell on him while he played at a Boston, Methuen school will receive a $600,000 settlement from the city.

The city had previously admitted that it was liable for leaving the unsecured iron gate in an area children could access. The settlement is the maximum amount allowed under state law.

Timothy DiLeo was killed and his younger brother injured when the unhinged gate at the Tenney Grammar School fell on them on Labor Day 2007.

May 13, 2009

Jury Rules Against Hyundai for Sexual Harrassment

by Dr. Shezad Malik

A federal jury in Montgomery returned a $5.79 million verdict against Hyundai Motor Manufacturing Alabama and a mid-level manager for sexual harassment, negligence and retaliation.

“The jury awarded double what we were asking for,” said Birmingham attorney Alicia Haynes, represented former Hyundai employee Tammy Edwards. “They were upset at the negligence.”

The jury, which returned its verdict, awarded $795,000 in compensatory and $5 million in punitive damages against Hyundai. The jury also returned a $10,000 punitive verdict against manager Mike Swindle after a nearly two-week trial before the U.S. District Court.