PERSONAL INJURY LAWYER NEWS
Dallas, Texas
by
Dallas Personal Injury Attorney Jonathan LeBlanc





Motorcyclist Hit By 18-Wheeler In Accident Settles Lawsuit
A motorcyclist injured in a collision with a tractor-trailer received a $1 million settlement. In 2008, trucker Nicholas Robles was hauling a flatbed trailer
when he made a right turn and collided with motorcyclist Gerri Dorsett. Dorsett, then 47, sustained arm and knee fractures. She also suffered a
concussion, which she claimed wiped out her memory of the crash. Due to her injuries, she has been unable to work since the accident. She sued Robles
and the owner of the truck, Juan Robles (doing business as Robles Trucking), alleging the trucker made an unsafe wide right turn. The defense argued
Dorsett was speeding and shouldn't have tried to pass on the right. The case ultimately settled for the limit on the defendants' insurance policy.
Patient Paralyzed After Spinal Tap Wins At Trial
A man who is paralyzed from the waist down after receiving a spinal tap recovered $10.9 million. Thomas Colombrito developed a hematoma at the lumbar puncture site, which compressed his spinal cord,
causing paralysis. Two days later he underwent emergency surgical decompression to no avail. Colombrito claimed that Dr. Sireesha Janga failed to discontinue anticoagulants before the spinal tap. Colombrito
also sued Dr. Richard Torres for failing to follow up on an MRI. The jury found Janga 51 percent liable and Torres 4 percent liable. The hospital and neurologist who delivered the spinal tap were found 45
percent liable, but they settled before trial. Due to settlement credits and award caps under Texas law, the jury's $22.5 million award was reduced.

Toyota Recalls More Dangerous Cars That Could Lead to Injury
Toyota's recall troubles continue to grow, with the total number of vehicles affected by two recalls involving gas pedals growing to at least 5.3 million.
The latest addition to the recalls was announced Wednesday, with 1.1 million vehicles added to the 4.2 million recalled in November to fix a problem in which the gas pedal can become
caught on the edge of the removable floormat. That problem can cause the vehicle to accelerate uncontrollably.  A separate recall of 2.3 million vehicles announced last week -- involving
accelerator pedals that can stick on their own -- is being expanded to include an undisclosed number of vehicles in Europe.  In most cases, the same vehicles are involved in both recalls.
It was not immediately clear how many different vehicles, in total, are part of the two actions.


Tire Maker To Pay for Wrongful Death of Car Crash Victims
A jury awarded $11.9 million for a head-on crash that killed six children and injured three others because a Michelin tire allegedly detreaded. In 2006, Jesus Guzman Reyes was
driving his pickup truck with his wife and three children. He lost control and struck an oncoming sport utility vehicle that was carrying the six children. The plaintiffs claimed that
a leaky roof at a Michelin plant allowed water to enter the tires during manufacturing, which caused air bubbles to form and weaken the tire. Michelin denied that the tire was
defective, claiming that the tire damage occurred during the crash, not before it. Defense counsel argued that Reyes was to blame for the crash, but the jury found otherwise.

Slip and Fall Accident Results in Plaintiff's Verdict
A jury awarded $856,855 to a man who claimed he sustained severe back injuries when he fell in a grocery store. Candelario Becerril bumped against the chrome rail separating the
check-out lines as he was shopping at a Brookshire's grocery store in Pittsburg back in 2006. The rail collapsed, sending him to the floor. He said he sustained lumbar disc injuries.
A year later, he underwent a laminectomy, discectomy and fusion surgery, but he said he continues to need pain medication and epidural injections. Becerril sued Brookshire's,
alleging the store failed to properly maintain and inspect the area where he fell. Brookshire's argued Becerril's injuries were caused by an on-the-job accident a few years earlier.

School District Must Pay For Rear-End Collision With Car
A man who claimed he sustained multiple disc injuries in a collision with a school district-owned vehicle recovered $61,113 after a jury trial. In 2006, Russell Durst, then 40, was
rear-ended by a vehicle owned by the United Independent School District of Laredo and driven by district employee Eduardo Botello. Durst said he suffered four herniated cervical
discs and two bulging lumbar discs. He sought $110,000 in damages for his medical expenses and pain and suffering. The defense disputed Durst's injury claims, arguing that he
was still able to lift weights following the accident. The defendants' medical expert opined that Durst only sustained soft-tissue injuries which should have resolved in two or three
months.

Jury Awards 100k To Woman As A Result of Car Accident
A jury awarded $100,000 to a woman who claimed she will have to eat puree for the rest of her life due to injuries sustained in a motor vehicle accident. In 2006, Ann Martin was
a passenger in a car when it was rear-ended on Highway 35 in Waco. The impact caused the airbag to deploy and hit Martin's jaw. She sustained a temporomandibular joint (TMJ)
injury and damage to her right knee. She underwent knee surgery a year later, but claimed the TMJ injury has permanently affected her ability to eat solid foods. Martin brought an
underinsured motorist claim against Allstate Indemnity Company, her driver's insurance carrier, seeking compensation for her injuries. Allstate contended that Martin's injuries
weren't as severe as she claimed.

Jury Awards 1M For Car Crash With Sleeping Driver
A jury awarded $1,077,531 to five men injured in a collision with a driver who fell asleep at the wheel. In 2006, the men, landscapers ranging in age from 19 to 40, were on their
way home from work when a pickup driven by John Paul Gonzales and owned by Republic Waste Services struck them head-on. All five men were injured and together their
medical expenses totaled $343,230. At the time of the crash, Gonzales had been awake for 19 hours after working a full shift and attending a baseball game with other Republic
Waste employees, including a supervisor who had dropped Gonzales off at the company truck after they had spent approximately four hours at a bar following the game. Gonzales
admitted falling asleep at the wheel, but denied allegations that alcohol played a role. The jury found Gonzales 70 percent and Republic Waste 30 percent negligent.

Biggest Baby Crib Recall In US History
More than 2.1 million drop-side cribs made by the Canadian-based Stork Craft Manufacturing are being recalled, the biggest crib recall in U.S. history, after reports that four
infants suffocated in them.The U.S. Consumer Product Safety Commission said late Monday 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.  Nearly 150,000 of the cribs carry the Fisher-Price logo.The CPSC said it is aware of four
infants who suffocated in the drop-side cribs, which have a side that moves up and down to allow parents to lift children from the cribs more easily. The Stork Craft cribs have
had problems with their hardware, which can break, deform or be lost after years of use. CPSC said problems also can arise because of assembly mistakes by crib owners. These
problems can cause the drop-side to detach and create a dangerous space between the drop-side and the crib mattress, where a child could become trapped.The commission is
urging parents to stop using the cribs until receiving a free repair kit from Stork Craft. The cribs, manufactured and distributed between January 1993 and October 2009, were
sold at major retailers including BJ's Wholesale Club, Sears and Wal-Mart stores and online through Target and Costco. They sold for between $100 and $400 and were made in
Canada, China and Indonesia.

Elevator Accident Results in Plaintiff's Verdict
A jury awarded $72,905 to a courthouse security guard who suffered a back injury when an elevator skipped her stop and landed with a sudden jolt in the building's basement.
Liliana Batres, then 32, sustained a bulging lumbar disc in the 2004 incident. She underwent $35,000 worth of chiropractic treatment and epidural injections, but claimed she
continues to suffer from pain and impaired mobility. Batres, who sought $120,000 in damages, blamed maintenance company KONE Inc., alleging the elevator malfunction
because it wasn't properly maintained. KONE argued that it performed regular service on the elevator. It attributed the malfunction to the elevator's age and argued that the incident
wasn't preventable.

Toyota To Replace 3.8 Million Gas Pedals
Toyota Motor Corp. will replace gas pedals on 3.8 million recalled vehicles in the United States to address problems with sudden acceleration or the pedal becoming stuck in the
floor mat, The Associated Press has learned.  As a temporary step, Toyota will have dealers shorten the length of the gas pedals beginning in January while the company develops
replacement pedals for their vehicles, the Transportation Department said in a statement provided to the AP. New pedals will be available beginning in April, and some vehicles will
have brake override systems installed as a precaution. Toyota, the world's largest automaker, was expected to provide more details Wednesday on the fix. The Japanese automaker
announced the massive recall in late September and told owners to remove the driver's side floor mats to prevent the gas pedal from potentially becoming jammed.  Popular
vehicles such as the Toyota Camry, the top-selling passenger car in America, and the Toyota Prius, the best-selling gas-electric hybrid, are part of the recall. It includes the
2007-10 model year Camry, 2005-10 Toyota Avalon, 2004-09 Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES350 and 2006-10 Lexus IS250/350.  
On Tuesday, Toyota announced a recall of 110,000 Tundra trucks from the 2000-03 model years to address excessive rust on the vehicle's frame.The recall involving the
accelerators was Toyota's largest in the U.S. It was prompted by a high-speed crash in August involving a 2009 Lexus ES350 that killed a California Highway Patrol officer and
three members of his family near San Diego. The Lexus hit speeds exceeding 120 mph, struck a sport utility vehicle, launched off an embankment, rolled several times and burst
into flames.

Biggest Baby Crib Recall In US History
More than 2.1 million drop-side cribs made by the Canadian-based Stork Craft Manufacturing are being recalled, the biggest crib recall in U.S. history, after reports that four
infants suffocated in them.The U.S. Consumer Product Safety Commission said late Monday 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.  Nearly 150,000 of the cribs carry the Fisher-Price logo.The CPSC said it is aware of four
infants who suffocated in the drop-side cribs, which have a side that moves up and down to allow parents to lift children from the cribs more easily.  The Stork Craft cribs have
had problems with their hardware, which can break, deform or be lost after years of use. CPSC said problems also can arise because of assembly mistakes by crib owners. These
problems can cause the drop-side to detach and create a dangerous space between the drop-side and the crib mattress, where a child could become trapped.The commission is
urging parents to stop using the cribs until receiving a free repair kit from Stork Craft. The cribs, manufactured and distributed between January 1993 and October 2009, were
sold at major retailers including BJ's Wholesale Club, Sears and Wal-Mart stores and online through Target and Costco. They sold for between $100 and $400 and were made in
Canada, China and Indonesia.

Man Gets 433k Due to Construction Accident Injury
A jury awarded $433,000 to a concrete worker who lost partial vision in one eye in an on-the-job accident. In 2006, Jose Gallegos, then 34, was smoothing concrete on a sidewalk
in Killeen. As he was working, additional concrete was delivered by a truck owned by Transit Mix Concrete & Materials Co. and driven by employee Willie Davis. When Davis
backed up, the truck came in contract with a 2-by-4 board. The opposite end of the board rose and struck Gallegos in the left eye. Gallegos blamed Transit Mix, alleging it was
liable for Davis' negligent driving. Transit Mix argued that Davis was following directions shouted at him by a third party. It also contended Gallegos was at fault for not wearing
safety glasses. The jury found Davis and Transit Mix each 50 percent negligent.

Patient Paralyzed After Spinal Tap Gets 10.9M
A man who is paralyzed from the waist down after receiving a spinal tap recovered $10.9 million. Thomas Colombrito developed a hematoma at the lumbar puncture site, which
compressed his spinal cord, causing paralysis. Two days later he underwent emergency surgical decompression to no avail. Colombrito claimed that Dr. Sireesha Janga failed to
discontinue anticoagulants before the spinal tap. Colombrito also sued Dr. Richard Torres for failing to follow up on an MRI. The jury found Janga 51 percent liable and Torres 4
percent liable. The hospital and neurologist who delivered the spinal tap were found 45 percent liable, but they settled before trial. Due to settlement credits and award caps under
Texas law, the jury's $22.5 million award was reduced.

Mailman Traumatized By Pit Bull Wins Lawsuit
A jury awarded $79,703 to a mailman who was attacked by two pit bull mixes while he was on his route in Baytown. In May 2006, William Kinsey, then 46, was delivering mail to
Ray Rose's home when two dogs escaped from the house and knocked him to the ground. The dogs bit him in the lower legs, thigh and buttocks -- one wound required stitches.
Kinsey was also diagnosed with post-traumatic stress disorder two months after the incident. He sued Rose, alleging he failed to control his dogs. Kinsey also said the dogs were
known to have vicious propensities before the attack, claiming they would bark, growl and jump on a fence when he walked by. Rose argued the dogs had never escaped or bitten
anyone before. He contended Kinsey provoked the dogs by kicking and swinging his mailbag at them.

Mechanic Injured in Truck Collision Recovers $705,374
A mechanic who claimed he sustained career-ending injuries in a collision with a tractor-trailer recovered $705,374. On Oct. 13, 2004, Billy Burnett, then 41, was driving on State
Highway 36 in Lufkin when he collided with the trailer as it was making a left turn. Burnett alleged the trailer, which was owned by Pilgrim's Pride Corp. and operated by
employee Jack Alton Sherman, was overloaded and that this prevented Sherman from making the turn at the speed needed to avoid the crash. Burnett sustained femur, tibia and
ulna fractures, a torn meniscus and a brachial plexus injury to his right arm. He said the arm injury resulted in loss of sensitivity and grip strength, rendering him unable to work.
The defense argued that Burnett had plenty of time to stop before the crash and accused him of driving while impaired. The jury found Pilgrim's Pride 25 percent, Sherman 40
percent and Burnett 35 percent liable. It determined that Burnett's damages were $1,085,190, but the award was reduced due to the finding of comparative negligence.

Motorcycle Crash Results in 900k Settlement
A trucking company agreed to pay $900,000 to the mother of a motorcyclist who was fatally struck by one of its vehicles. On Aug. 14, 2007, Preston Timothy Gleason, 21, was
hit by a tractor-trailer at the intersection of Highway 121 and Alma Drive in Collin County. The motorcyclist, who was wearing a helmet, died at the scene. His mother, Pam
Gleason, sued truck driver Bobby Phillips and the truck's owner, McCraw Cargo Express LLC, alleging Phillips ran a red light. The defense argued that even though the
motorcyclist had the green light, he should have allowed the intersection to clear before he entered it. The settlement was reached through mediation.

Car Crash Victims Recover $140,000 At Trial
Two men injured in a car accident recovered $140,155 in a jury trial despite police findings that there was alcohol and a marijuana pipe in their vehicle at the time of the crash. In
2007, Juan Reveles Jr., then 20, and his passenger, Jose Rascon, then 19, were traveling in Houston when their car was struck by a sport utility vehicle driven by William Earl
Storment. Rascon sustained femur and finger fractures, as well as a concussion. Reveles suffered a sprained ankle and bruises. Both men blamed Storment, alleging he turned into
their car. Storment admitted he was partially liable, but argued Reveles was speeding and driving with a suspended license. The defense also noted that police found alcohol and a
pipe in Reveles' vehicle; Rascon admitted to consuming alcohol in the car. The jury found Storment 57 percent, Reveles 35 percent and Rascon 8 percent liable. The plaintiffs'
$170,292 award was reduced due to the jury's finding of comparative negligence.

Jury Awards 9.7 Million for Wrongful Death at Workplace
A jury awarded $9.7 million to the family of a man who died while working inside a tank at a landfill gas facility in Houston. On Feb. 22, 2005, Adan Padron, 41, was sent inside
the gas tank to manually remove spent iron sponge. Minutes after entering, a piece of sponge fell from the wall and struck Padron, fracturing his neck. He was pronounced dead
upon arrival at the hospital. Padron's wife blamed GSF Energy LLC, the contractor and operator of the facility, alleging it knew the tank was hazardous. She further contended that
GSF Energy didn't conduct a full hazard analysis before approving a permit to allow workers into the tank, in violation of OSHA and company policies.