Verdicts and Settlements

Results Obtained Depend On The Facts Of Each Case.
Stanton Clients Italicized

Stanton Serbousek Law Firm, works diligently to obtain the best possible outcome for our clients. Below, you can read about some of the notable cases that our lawyers have handled — so you can be confident that you're choosing the right law firm

Cases are divided by legal field and/or client industry as follows:


Transportation

Style: Robin Ghio et al. v. Aida Maldonado, Swift Transportation Co. of Arizona, et al. (Feb. 2014)
Venue: District Court, Dallas County, Texas
Claims: Plaintiff Robin Ghio, while operating a Chevrolet Aveo with his two minor daughters as passengers, rear ended a rock hauler allegedly parked or stopped in the right lane of Interstate 30 waiting to enter a roadside construction area. Plaintiffs' vehicle hit the rock hauler and spun into the Swift Transportation's trailer in the lane to the right. The trailer went over top of the Plaintiffs' Aveo. Plaintiffs filed suit as a result of personal injury damages allegedly resulting from the accident. Plaintiffs alleged that Swift Transportation Co. of Arizona, LLC and its driver were negligent and this negligence caused and/or contributed to Plaintiffs' severe bodily injuries and traumatic brain injuries.
Result: After conducting written discovery as well as several depositions, Defendants Swift Transportation Co. of Arizona, LLC and its driver, Alford Brinkley, filed a No-Evidence Motion for Summary Judgment against Plaintiffs' claims of negligence. The trial court granted Defendants' No-Evidence Motion for Summary Judgment as there was no evidence of Defendants' negligence in causing this accident.

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Style: Sherman, Texas Suicide: Bob Stencel Trucking, LLC and Monty Roalson (Jan. 2014)
Venue: Pre-Litigation
Claims: In the evening of New Years' Day, an individual walked out into U.S. Highway 75 in Sherman, Texas in front of a Stencel Trucking tractor-trailer operated by Monty Roalson. The individual was pronounced deceased at the scene of the accident due to the impact with the tractor.
Result: Our firm provides 24/7 on-call accident service. Due to our quick response to this accident, we were able to work directly with the investigating officers while they conducted their investigation of the accident and actively perform our own investigation. The official police report deemed this accident to be a suicide.

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Style: Wayne Withers and Cathy Withers v. Schneider National Carriers, Inc. (Jan. 2014)
Venue: U.S. District Court for the Eastern District of Texas - Marshall Division
Claims: Plaintiffs Wayne Withers and Cathy Withers filed this lawsuit as a result of personal injuries allegedly incurred as a result of a collision between Wayne Withers, while operating a Harley-Davidson, and a Schneider National Carriers, Inc. tractor-trailer. Plaintiffs filed suit alleging negligence, negligence per se, negligent hiring and retention, and gross negligence and malice.
Result: Defendant aggressively defended against Plaintiffs' claims of negligence. In support of its defense, Defendant retained a motorcycle expert to recreate the stopping distance of Plaintiff's Harley-Davidson on the day of the accident. The clip of this video is shown below. Additionally, Defendant's deposition of the police officer who investigated this accident revealed the video of the officer's dashboard camera showing the approach to the accident scene on the day of the accident. Click below to view the clip of the approach to the accident scene. This called into question the liability of the construction company working in the area of the accident. As a result of Defendant's aggressive defense, the parties favorably settled Plaintiffs' claims pursuant to a confidential settlement agreement.

Recreated AccidentOfficer Dash Cam


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Style: Bessie Killingsworth and Stella Hobbs v. Penhall Company, Schneider National Carriers, Inc., Vernon Mathis, et al. (Sept. 2013)
Venue: District Court, Tarrant County, Texas
Claims: Plaintiffs Bessie Killingsworth and Stella Hobbs filed separate lawsuits asserting personal injury damages as a result of an air compressor falling into the path of Bessie Killingsworth's vehicle. Bessie Killingsworth swerved to avoid the compressor, hit the inside wall of the freeway, and collided with the Schneider National Carriers, Inc. tractor-trailer operated by Vernon Mathis. Defendants moved to consolidate Plaintiffs' lawsuits into one lawsuit.
Result: Defendants were able to cost-effectively and favorably resolve Plaintiffs' claims against Schneider National Carriers, Inc. and Vernon Mathis outside of formal mediation.

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Style: Isaiah Smith v. Schneider National Carriers, Inc. and Richard Thomas Bailey (Aug. 2013)
Venue: County Court, Dallas County, Texas
Claims: Plaintiff Isaiah Smith alleged permanent disabling injuries, including being paralyzed from the waist down, as a result of a rear end collision between Plaintiff's SUV and Schneider National Carriers, Inc.'s tractor-trailer operated by Richard Bailey. Plaintiff asserted claims for negligence, respondeat superior, negligent entrustment, and gross negligence. As a result of Plaintiff's injuries, Plaintiff sought damages in the amount of Twenty-Five Million Two Hundred Thousand Dollars ($25,200,000.00) from Defendants.
Result: Defendants aggressively defended Plaintiff's claims. As a result, Defendants conducted extensive written discovery as well as surveillance on Plaintiff, including monitoring of Plaintiff's social media accounts. Defendants also held two (2) mock-trial focus group sessions in preparation of mediation and trial. After two (2) mediations, Defendants favorably resolved Plaintiff's lawsuit.

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Style: Curtis and Rhonda Russell v. Micky Scott and Daryl Thomason Trucking, Inc. (Jun. 2013)
Venue: District Court, Dallas County, Texas
Claims: Plaintiff Curtis Russell alleged personal injury damages as a result of a rear end collision between the vehicle driven by Curtis Russell and the Daryl Thomason Trucking, Inc. tractor-trailer operated by Micky Scott. Plaintiff Curtis Russell alleged damages for medical expenses, property damages, lost profits, and non-economic damages as a result of injuries allegedly sustained during this accident. Plaintiff asserted claims of negligence and gross negligence against Defendants.
Result: Defendants aggressively defended against Plaintiff's claims of bodily injuries and lost profits, including noticing depositions to review Curtis Russell's significant lost profit claims for alleged jobs his construction business lost due to his injuries. As a result, the parties came to a resolution of Plaintiffs' claims outside of formal mediation and entered into a confidential settlement agreement.

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Style: Marcos Garza, Jr. v. Swift Transportation Co. of Arizona, LLC and Adrian Welch (May 2013)
Venue: U.S. District Court for the Eastern District of Texas-Tyler Division
Claims: Plaintiff alleged that Defendant Adrian Welch, while operating his tractor-trailer for Swift Transportation Co. of Arizona, LLC, rear ended Plaintiff's tractor-trailer on Interstate 20 in icy weather conditions. Plaintiff claimed he suffered personal injury damages, lost wages, and a loss of earning capacity as a result of this accident. Plaintiff asserted negligence claims and negligence per se claims against Defendants.
Result: Defendants immediately obtained written discovery from Plaintiff. After less than five (5) months in litigation, the parties successfully mediated this lawsuit before the Magistrate Judge which resulted in significant litigation cost savings for all parties.

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Style: Joseph C. Paez v. Vadim Gelboym and AMROS Solutions, Inc. (Oct. 2012)
Venue: U.S. District Court for the Eastern District of Texas - Sherman Division
Claims: Plaintiff, a resident of Chicago, Illinois, was traveling from Mexico to Chicago, Illinois when he was rear ended by Defendants' tractor-trailer at highway speeds. Plaintiff alleged that he suffered personal injuries and property damage to his Classic Mustang, Chris Craft boat, and trailer. Plaintiff demanded $282,000.00 to settle his claims.
Result: Defendants successfully and aggressively defended against Plaintiff's claims of personal injury damages and property damages through a three-day trial. The jury returned a verdict assessing Plaintiff with fifteen percent (15%) of the liability for this accident due to his failure to wear a seatbelt and an award of damages for $45,000.00. Defendants served an Offer of Judgment on Plaintiff's counsel. Plaintiff failed to exceed the Offer of Judgment and was assessed Defendants' reasonable costs. Additionally, Defendants successfully argued their Motion for Judgment as a Matter of Law and further reduced Plaintiff's award of damages to $25,500.

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Style: Christina Juhl v. Wal-Mart Transportation, LLC and Melvin Carraway (Feb. 2012)
Venue: District Court, McLennan County, Texas
Claims: Plaintiff Christina Juhl brought a personal injury lawsuit against Wal-Mart Transportation, LLC and its driver, Melvin Carraway, as a result of a high-speed collision between the Wal-Mart Transportation trailer and Ms. Juhl's vehicle. Plaintiff asserted negligence and negligence per se claims against Defendants.
Result: Wal-Mart Transportation, LLC successfully obtained favorable pre-trial rulings, including the exclusion of testimony from one of Plaintiff's expert witnesses. Prior to the start of trial, the parties entered into a favorable confidential settlement agreement.

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Style: Health Settings Leasing, Inc., and Donald Stadler d/b/a Bio-Tek vs. Gainey Transportation Services, Inc. , Sullivan Transfer Company, Inc., and Palo Duro Freight Services, Inc.
Venue: Dallas County, Texas
Claims: Plaintiffs sought to recover approximately $400,000.00 from defendants for damage to their MRI machine under the Carmack Amendment. Plaintiffs hired Sullivan Transfer to take the MRI out of a hospital in Dallas and transport it to Ohio. Sullivan hired Gainey through Palo Duro Freight Services. Gainey contended it was Sullivan's responsibility to load and secure the MRI in its trailer and that its driver performed a proper inspection of the load for defects in securement.
Result: The Court found Plaintiffs damages to be $80,000.00. The Jury awarded an additional $45,000 in special damages against Sullivan Transfer. The Jury also found Sullivan to be 95% responsible for the damages and Gainey to be only 5% responsible for the damages.

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Style: Jackie Funderburk and Amanda Funderburk-Fields vs. Schneider National Carriers, Inc., Bobby Haley and Aaron Grant Turner.
Venue: Hopkins County, Texas (Sulphur Springs).
Claims: Plaintiffs sought personal injury damages arising from a motor vehicle accident involving their vehicle and Defendants' tractor-trailer. Plaintiffs asked the jury to award property damage, medical expenses, lost wages, pain and suffering in the amount of $40,000.00.
Result: The jury found no negligence on Defendants and found that the negligence of Jackie Funderburk was the proximate cause of the accident.

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Style: Jean Hand and Howard Hand vs. Stevens Transport, Inc. Employee Benefit Plan.
Venue: Dallas County, Texas
Claims: Plaintiffs sought recovery of health care benefits under an Employee Benefit Plan provided by Howard Hand's employer, Stevens Transport. The Plan paid only 50% of Jean Hand's medical bills because she received treatment at a non-network hospital. The Hands filed an ERISA claim against the Plan, seeking to recover the unpaid portion of the medical bills.
Result: The trial court granted summary judgment in favor of Stevens Transport, Inc. Employee Benefit Plan, finding that Plaintiffs' claims were barred by the contractual limitations period in the Plan, because such claims were not filed within 27 months of the date the medical bills were incurred. Plaintiffs appealed, and the trial court's summary judgment was affirmed by the Dallas Court of Appeals. The Court of Appeals' opinion is reported at 83 S.W.3d 286.

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Style: Nick R. Pappajohn vs. Edward R. Evetts and Schneider National Carriers, Inc.
Venue: Tarrant County, Texas (Fort Worth)
Claims: Plaintiff sought to recover personal injury damages allegedly suffered from a motor vehicle accident in which he struck the back of trailer being hauled by Edward Evetts as he was crossing the road. Plaintiff had incurred approximately $22,000.00 in medicals at the time of trial and sought to recover future medicals in the amount of $45,000.00 for back surgery. Defendant made a $20,000.00 settlement offer prior to trial. Defendant filed a counterclaim against Plaintiff for filing a frivolous lawsuit and making a fraudulent claim for damages based on the statements of the Plaintiff's attorney that if Plaintiff's property damage did not get paid timely, Plaintiff's medical condition would only get worse than it already is.
Result: The jury found no negligence on the part of Defendants. The Court withheld from ruling on Defendant's counterclaim.


Construction

Style: Verizon Southwest (2010-2012)
Venue: Dallas County and surrounding counties
Claims: The collection of damages owed related to the repair of underground utility cables.
Result: We successfully prosecuted numerous construction companies and large property owners for damages resulting from negligent excavation resulting in damage to underground utility cables and the interruption of services to customers in North Texas.

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Style: Western Rim Investors 2006-3, LP, et al. v. Nelson Architectural Engineers, Inc., et al. (Oct. 2011)
Venue: District Court; Dallas County, Texas
Claims: Plaintiffs were investors and the construction company of a master-planned development near Tyler, Texas in which a golf course, clubhouse, multifamily living, and single family living were constructed. These Plaintiffs were sued by other investors alleging construction defects in the development. Nelson Architectural Engineers, Inc. served as forensic expert witnesses to Plaintiffs in the underlying construction defect lawsuit. Plaintiffs sued Nelson Architectural Engineers, Inc. for professional negligence, breach of contract, and conspiracy among other allegations. Nelson Architectural Engineers, Inc. counter-sued Plaintiffs for breach of contract and quantum meruit seeking payment for its professional fees. Nelson Architectural Engineers, Inc. also sued to collect its attorney's fees.
Result: At trial, Nelson Architectural Engineers, Inc. successfully struck all of Plaintiffs' asserted causes of action against Nelson Architectural Engineers, Inc. prior to any testimony. Consequently, the parties were realigned placing Nelson Architectural Engineers, Inc. as a plaintiff and the Western Rim entities as defendants. After five days of trial the parties entered into a confidential settlement agreement.

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Style: Wayne Cooper vs. Surpass, Inc., d/b/a A Plus Construction
Venue: Tarrant County, Texas (Arbitration)
Claims: Plaintiff claimed to have tripped and fell over stud bolts allegedly left in the floor by A Plus Construction. The accident happened at the Miller Brewing Company facility in Fort Worth, Texas. A Plus contracted with Miller disassemble a brewing line and re-locate it to another area of the plant. A Plus had stopped working in the area of the alleged fall seven months before the accident. Plaintiff had back surgery and knee replacement surgery and sought to recover for two future knee surgeries. Plaintiff also claimed that he was no longer able to work as a maintenance worker as a result of the accident. The total damages sought by Plaintiff were in excess of $2,000,000.00.
Result: A three member arbitration panel unanimously found in favor of A Plus Construction ruling that Plaintiff failed to meet his burden of proving that A Plus removed the equipment associated with the stud bolts at issue.

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Style: Reunion Hotel Tower/Joint Venture vs. Neosho Construction Company
Venue: Dallas County, Texas
Claims: Plaintiff sued Neosho Construction Company, Inc. for water damage to an escalator at the Reunion Hotel in downtown Dallas. Plaintiff claimed that the sump pump and drainage system used by Neosho Construction during renovations were inadequate, and that the layout of the site caused runoff and loose sand to flow into a tunnel and damage the escalator. Plaintiff claimed damages in excess of $100,000.00 for the cost of repair and replacement of the escalator.
Result: Based on the jury's verdict, the Court found that the Plaintiff should take nothing.

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Style: RT Realty, L.L.P. vs. Dallas Area Rapid Transit, Beck Program Management, et al.
Venue: Dallas County, Texas
Claims: Plaintiff and Intervenors sought recovery from Defendants under numerous theories of liability for damage to the Republic Towers office building resulting from the 1995 flood of the Dallas central business district. Plaintiff claimed damages in excess of $60,000,000.00.
Result: The trial Court granted Summary Judgment in favor of Beck Program Management for all theories of liability plead by Plaintiff and Intervenors.

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Style: Berkeley Industries, Ltd. v. Barry, Bette & Led Duke, Inc.
Venue: Dallas County, Texas
Claims: Plaintiff owns a luxury apartment complex in North Dallas. Defendant was the general contractor hired by Plaintiff to build the complex. During construction, concrete paving work was performed defectively by Defendant's subcontractor, requiring large sections of the concrete to be removed and replaced. This concrete repair work occurred while the complex was partially occupied, and Plaintiff was forced to let numerous tenants break their leases. Plaintiff sued Defendant for lost rents, and also for loss of market value to the overall complex.
Result: Plaintiff received an $850,000 settlement from Defendant.

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Style: MCI Telecommunications Corporation vs. Gilbert Texas Construction Corporation
Venue: Dallas County, Texas (Federal Court)
Claims: Plaintiff sought to recover damages which resulted from a fiber optic cable cut that occurred during the construction of the DART light rail project in downtown Dallas. Defendant alleged that Plaintiff failed to mitigate its damages and was contributorily negligent in failing to properly locate and mark the cables. Plaintiff sought to recover damages in excess of $100,000.00. Defendant made a $40,000.00 settlement offer prior to trial.
Result: The jury awarded Plaintiff $6,000.00 in damages for the cable cut and the Court ordered Plaintiff to pay all court costs.

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Style: Gregory Taylor vs. Rafael Garcia and H.B. Zachry Construction Company
Venue: Dallas County, Texas
Claims: Defendant stipulated to liability for the accident. Plaintiff sought personal injury damages arising from a collision between a DART train and heavy duty front-end loader. Plaintiff was a passenger on the DART train. Plaintiff sought recovery for dental and medical expenses, including neck and back injury with a bulging disk, knee injury, hand injury and damage to teeth and bridgework. Plaintiff incurred approximately $8,500.00 in medical expenses and approximately $4,500.00 in dental expenses.
Result: The jury awarded Plaintiff $8,672.00 for medical expenses, $2,500.00 for pain and mental anguish, $15,000.00 future pain and mental anguish, and $15,000.00 future physical impairment.


Personal Injury

Style: Gary Switzer v. Grupo Zocalo Management, LLC, Bagby Elevator Company, Inc., et al. (May 2013)
Venue: District Court, Dallas County, Texas
Claims: Plaintiff Gary Switzer filed this lawsuit alleging serious personal injury damages, lost income, and a loss of earning capacity as a result of a fall from the top of an elevator cab at the La Gran Plaza Mall. Plaintiff worked as an elevator technician for Schindler Elevator at the time of the accident. While Mr. Switzer was performing elevator maintenance on the top of a freight elevator, the emergency escape hatch's welds broke causing Mr. Switzer to fall to the bottom of the elevator. Gary Switzer alleged serious back injuries requiring surgeries and the inability to work as an elevator technician. Plaintiff alleged that Bagby Elevator Company, as a prior elevator repair company working at the La Gran Plaza Mall, failed to repair the hatch's welds and/or failed to warn of the known dangerous condition.
Result: In October 2012, Defendant Bagby Elevator Company filed a Motion for Summary Judgment asserting Plaintiff failed to establish that any action by Bagby Elevator Company proximately caused the alleged damages. While Defendant's Motion for Summary Judgment was pending before the trial court, all parties attended mediation at which time Defendant Bagby Elevator Company favorably resolved the claim and entered into a confidential settlement agreement. At trial in 2014, the remaining defendants were found liable for damages in excess of $11 Million Dollars.

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Style: Monterey Mushrooms, Inc. and Caprock Claims Management, LLC v. Majestic Realty Co. and McLane Foodservice, Inc. (May 2013)
Venue: District Court, Dallas County, Texas
Claims: Monterey Mushrooms and Caprock Claims Management asserted claims for equitable subrogation, unjust enrichment and restitution, and a claim for money had and received against Majestic Realty Co. and McLane Foodservice. These claims stem from an injury sustained by Leroy Crocker, an employee of Monterey Mushrooms when he fell on ice at a facility in Colorado allegedly owned and operated by Defendants. Mr. Crocker's medical expenses and indemnity payments were processed and paid by Plaintiffs. Plaintiffs filed their lawsuit against Defendants more than two (2) years after Leroy Crocker's accident.
Result: Defendants successfully asserted a No-Evidence Motion for Summary Judgment against Plaintiffs' claims of equitable subrogation, unjust enrichment and restitution, and a claim for money had and received.

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Style: David Mata vs. Raymond Foreman and Blake Penn
Venue: Dallas County, Texas
Claims: David Mata sued both Raymond Foreman and Blake Penn for alleged personal injuries he sustained as a result of a car accident in Dallas, Texas. David Mata claimed that Raymond Foreman made an unsafe left turn attempting to enter a shopping center parking lot and that Blake Penn was traveling too fast for the rainy conditions. Blake Penn brought a cross-claim against Raymond Foreman for the damage sustained to his vehicle in the amount of $14,287.30.
Result: The jury returned a verdict placing 100% liability on Raymond Foreman. David Mata recovered nothing from Blake Penn. The jury also awarded Blake Penn the entire amount of his claimed damages.

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Style: Blas Uribe vs. Mission Petroleum Carriers, Inc., and Jose Rangel
Venue: Dallas County, Texas
Claims: Plaintiff claimed to be totally and permanently disabled as a result of being rear-ended by a gas tanker truck. Plaintiff had neck surgery, back surgery and wrist surgery as a result of the accident. Plaintiff sought in excess of $2,800,000.00 in damages for bodily injuries, past and future medical care, and loss of future earning capacity.
Result: The jury awarded Plaintiff $660,000.00 in damages.

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Style: Antonio McClure and Cecilia McClure vs. Church of Abundant Life Assemblies of God
Venue: Tarrant County, Texas (Arlington)
Claims: Tony McClure was injured in a trip and fall accident at his church in Arlington, Texas. He suffered several broken ribs, which were ultimately removed, and he was in a medically-induced coma for ten days. He incurred approximately $120,000 in medical expenses.
Result: The parties entered into a confidential pre-suit settlement.

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Style: Salomon Garay vs. Doreen Camillone vs. Olga Trejo
Venue: Tarrant County, Texas (Fort Worth)
Claims: Plaintiff was a passenger in his vehicle that was being driven by Olga Trejo, who was an unlicensed driver. Defendant counter-claimed against Plaintiff for negligent entrustment and filed a third-party claim against Olga Trejo. Plaintiff and Trejo claimed that Doreen Camillone ran a red light. Doreen Camillone claimed that Olga Trejo was not paying attention and ran a red light. Plaintiff was taken from the scene by Careflight.
Result: The jury found that Doreen Camillone was not negligent and that the accident was caused by the negligence of Salomon Garay and Olga Trejo.

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Style: Maynard Boughton vs. Ralph Garvin
Venue: Dallas County, Texas
Claims: Plaintiff was rear-ended by Ralph Garvin while stopped at a red light. Plaintiff claimed to have received neck and back injuries as a result of the accident. Defendant obtained a bio-mechanical evaluation of Plaintiff to determine that the impact was equivalent to a hard sneeze or cough.
Result: The jury found Plaintiff 40% responsible and awarded $0.00 in damages.

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Style: Matina Marie Till, Individually and in the Interest of the Estate of Brian Scott Chesser vs. Christopher Robertson
Venue: Grayson County, Texas (Sherman)
Claims: Matina Till filed suit as a result of the death of her minor son, Brian Chesser, who was killed as a result of being ejected from a church van being driven by Christopher Robertson. Plaintiff sought $850,000.00 in damages for the loss of her son.
Result: The case was settled for $150,000.00 after the Plaintiff was unable to seat a panel of 12 jurors due to the community's esteem for Christopher Robertson.

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Style: Alice B. Wright vs . Calvin Daniel Stoltzfus and Gordon E. Adams
Venue: Collin County, Texas (McKinney)
Claims: Personal injury damages from a motor vehicle accident that occurred in Collin County, Texas. Plaintiffs alleged that Defendant ran a red light and struck the vehicle being driven by Alice Wright. Plaintiffs sought to recover for their medicals and property damage.
Result: The jury found no negligence on Defendants.

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Style: Mark D. Elliott v . Bridgette Martinez
Venue: McClellan County, Texas (Waco)
Claims: Plaintiff sought to recover for property damage allegedly suffered in a motor vehicle accident. Defendant filed a counterclaim against Plaintiff for a frivolous lawsuit.
Result: Defendant was found not to have been negligent and Plaintiff was found to have filed a frivolous lawsuit. The Court awarded $1,500.00 in damages to Defendant.


Premises Liability

Style: Jessica Bobbitt v. WRH Snug Harbor, Ltd. d/b/a Snug Harbor Apartments and WRH Realty Services, Inc. (Aug. 2012) Venue: District Court, Dallas County, Texas
Claims: Plaintiff, a resident of Defendants' apartment complex, alleged that a step collapsed while she was descending the stairs causing Plaintiff to fall and injure herself. Plaintiff alleged that she suffered bodily injuries, including injuries which necessitated surgery, as a result of her fall and asserted premises liability claims for negligence, negligence per se, and gross negligence against Defendants.
Result: Defendants investigated Plaintiff and Plaintiff's alleged accident on Defendants' property through the discovery process. The parties entered into a confidential settlement agreement and release less than seventeen (17) months after the date of Plaintiff's alleged accident.

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Style: Randy Harris v. CEVA Logistics (Feb. 2012)
Venue: District Court; Dallas County, Texas
Claims: Plaintiff Randy Harris, a non-employee temporary worker placed at CEVA Logistics, brought a personal injury lawsuit against CEVA Logistics resulting from a forklift accident at CEVA Logistics' property while using CEVA Logistics' forklift. Plaintiff asserted general premises liability and negligence claims.
Result: CEVA Logistics successfully moved for summary judgment obtaining a dismissal of all claims asserted against CEVA Logistics. CEVA Logistics successfully argued that the Texas worker's compensation bar prohibiting injured workers from suing their own covered employers should be extended to CEVA Logistics even though it was not Plaintiff's employer.

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Style: Tenia Cameron vs. Tyler Food Systems, Inc., d/b/a Whataburger
Venue: Grayson County, Texas (Sherman)
Claims: Personal injury damages involving a wrist injury from a slip and fall accident in the Denison Whataburger. Plaintiff alleged that she slipped on water seriously injuring her wrist, which resulted in the diagnosis of carpal tunnel syndrome and the need for surgery. Plaintiff incurred approximately $17,000.00 in medicals. Defendant counter-claimed against Plaintiff for filing a frivolous lawsuit alleging that the surgery and medical care was made necessary by an injury to Plaintiff's wrist that occurred 6 months prior to the date of the alleged slip and fall.
Result: The jury found no negligence on the part of Defendant and found that Plaintiff had filed a frivolous lawsuit. The jury awarded Defendant $500.00 in damages.


Environmental Claims/Toxic Torts

Style: Zoria Mae Washington, et al. v. Acheson Colloids Company
Venue: Tarrant County, Texas
Claims: Claims were brought against Defendant by or on behalf of ten employees of a steel forge plant in the Fort Worth area, alleging that workplace exposure to an oil-based lubricant manufactured by Defendant caused the employees' health complaints and/or deaths.
Result: Defendant made a successful Daubert/Robinson challenge to Plaintiff's medical causation experts, Dr. Barry Levy and Dr. Nachman Brautbar. Plaintiffs were forced to withdraw their experts and ultimately dismissed the entire case without receiving any settlement from Defendant


Business Law

Style: Bagby Elevator Company v. Schindler Elevator Corp. (Feb. 2009)
Venue: Federal Court; Northern District of Texas: Dallas Division
Claims: Bagby Elevator sued Schindler Elevator claiming tortious interference with existing business contracts and business relations. Additionally, Bagby Elevator sued to collect punitive damages from Schindler Elevator.
Result: After a one week trial, the jury rendered a verdict awarding Bagby Elevator $210,445.90 in actual damages resulting from Schindler Elevator's tortious interference and $420,445.90 as exemplary damages.

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Style: The Valvoline Company v. Spotless Properties, Ltd., et al. (May 2006)
Venue: District Court; Denton County, Texas, and Arbitration; Lexington, KY
Claims: Valvoline sued the Spotless Properties entities, former Valvoline Express Care vehicle maintenance centers, in state court to impose a temporary restraining order and permanent injunction prohibiting the Spotless Properties entities from using Valvolines' trade name and trade marks. Also, Valvoline initiated an arbitration action against the Spotless Properties entities for breach of contract and quantum meruit.
Result: Valvoline successfully obtain an injunction prohibiting the use of its trademarks and an agreement permitting Valvoline to extract its signs and trademarked material from the property. After a two day arbitration held in Lexington, KY, Valvoline was awarded $96,580.95 plus pre- and post-judgment interest for its breach of contract claims.

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Style: Bagby Elevator Company, Inc. vs. Mian Development Corp.
Venue: Dallas County, Texas
Claims: Bagby Elevator Company, Inc. sued Mian Development Corp. to collect its fees for money due under an elevator maintenance contract as well as fees due for specifically requested repair to the elevators at the Sterling Hotel f/k/a the Ramada Inn. Bagby Elevator Company, Inc. also sued to collect its lost contractual profits resulting from Mian Development Corp.'s breach of the elevator maintenance contract.
Result: The jury awarded Bagby Elevator Company, Inc. $29,724.00 in actual damages plus one hundred percent of its attorneys' fees in the amount of $51,330.00 for a total award of $81,054.00.

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Results Obtained Depend On The Facts Of Each Case.