Verdicts and Settlements

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Cause No. 067-229954-08 The Estate of Robert Preston Nunn, Deceased, et al. vs. Interline Brands, Inc., et al. In the 67th Judicial District Court, Tarrant County, Texas.

Facts:
On November 3, 2006, Robert Nunn was operating a tractor-trailer northbound near Waco, Texas. Also traveling northbound was a driver for Interline Brands in a delivery truck. Nunn was traveling in the far left lane while the driver for Interline was traveling in the center lane.  The delivery driver unexpectedly started to drift into Nunn’s lane of traffic. As Nunn attempted to evade making contact with the delivery truck he lost control veered through the median jumped the concrete divider and then and then struck an oncoming tractor-trailer traveling southbound head-on. Upon impact the cab of Nunn’s tractor-trailer caught on fire, Nunn was trapped and burned to death. 

Disposition:
The case settled prior to trial for a confidential amount in May 2009.

Attorney was Mark Midani

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Pre-suit settlement

Facts:
On January 31, 2007 a gentleman from the Middle East was doing business in Houston.  While he was driving a vehicle he was violently struck by another car.  As a result he sustained serious injuries to his neck, back, face and right hand.  He was ultimately diagnosed with a concussion, head and arm lacerations and a deep 15 cm laceration to his palm exposing the nerve structures, tendons and the fascia.  He incurred approximately $41,000.00 is medical expenses. 

Disposition:
Prior to a lawsuit being filed the case settled in May 2008 for $430,000.00.
 

Attorney was Mark Midani.

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Cause No. 05-1177; Tyson Don Dever vs. Yarrington Road Materials, L.P., H. Coleman Management, L.L.C., et al.; In the 22nd District Court of Hays County, Texas.

Facts:
On March 11, 2005, Tyson Dever, 22 years old at the time, was rear-ended by a concrete truck while waiting to make a left turn.  As a result Tyson was paralyzed from the waist down.  Tyson’s medical expenses were approximately $420,000.00; estimated lost wages (past & future) were $1,300,000.00; future medical care was estimated at $4,272,000.00.

Disposition:
The case settled before trial for a confidential amount in April 2008.

Lead attorney was Toby Cole.
 

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Cause No. 2003-36089; Esther McLendon vs. Massoud Bina, M.D., Sreenivasulu Cherlo, et al.; In the 151st Judicial District of Harris County, Texas.

Facts:
In March 2000, Dr. Cherlo became Ms. McLendon’s (at the time she was 68 years old) primary care physician in Cleveland, Texas were she lived and Dr. Cherlo practiced internal medicine.  During her second office visit Ms. McLendon complained of numbness and tingling down her left leg.  Dr. Cherlo referred her to Dr. Bina, a neurologist.  Dr. Bina did a nerve conduction study test and an MRI.  In early May, Dr. Bina reported to Ms. McLendon that both tests were inconclusive but she may have a chronic metabolic condition or a variation of a motor neuron disease and suggested that she may seek a second opinion at the ALS Clinic at Methodist Hospital in Houston. Ms. McLendon was released back to Dr. Cherlo.  At that point Dr. Cherlo and Ms. McLendon believed she had ALS and proceeded on that assumption (a/k/a Lou Gehrig’s disease).  Ms. McLendon never got a second opinion. From May 2000 until the middle of July 2000, Ms. McLendon gradually began to lose her ability to walk.  In the middle of July she was completely bedridden.  After Dr. Bina released Ms. McLendon back to Dr. Cherlo, Dr. Cherlo never physically saw her again.  Dr. Cherlo would prescribe her medication and durable medical equipment per her requests.  He also prescribed her home healthcare.  In late January 2002, a hospice nurse stated to Ms. McLendon that it did not appear that she had ALS because she had full upper body strength.  Another doctor who practiced in Cleveland made a home visit to Ms. McLendon’s home and agreed with the nurse’s assessment.  The doctor sent her to UTMB – Galveston.  Ms. McLendon had an MRI at UTMB and it reveled a meningioma (non-cancerous tumor) growing on the thoracic are of her spine.  The tumor was removed, but the damage to Ms. McLendon’s spine had left her paralyzed from the middle of her back down.

Disposition:
Ms. McLendon incurred approximately $200,000.00 in past medical care.  On July 20, 2007, after a six-day trial the jury returned a verdict against Dr. Bina for a total of $1,650,000.00.

Trial attorney was Mark Midani

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Cause No. E-172-552: Christin Vaught, Individually and Christin Vaught, as Personal Representative of the Estate of Kevin Vaught, Deceased v. Kenco Group, Inc., Larry Welch, et al, In the 172nd District Court of Jefferson County, Texas.\

Facts:
Kevin Vaught was killed when he went to assist an eighteen-wheeler that was stopped in the right hand lane of traffic due to dense fog. Due to the actions of the eighteen-wheeler, and lack of visibility, two subsequent eighteen-wheelers and several cars collided into the parked eighteen-wheeler. There were multiple fatalities, including Kevin Vaught, whose wife, Christin Vaught and Estate we represented. Kevin Vaught had just turned 21 a week before he was killed. Christin and Kevin had been married for six months.

Disposition:
Expert testimony estimated Kevin’s lost earning capacity at $1,721,942.00 and loss of physical support to Christin, who is a paraplegic (not as a result of this accident), by Kevin was estimated at $2,374,595.60. The case was settled for a confidential amount in March 2007.

Lead attorney was Toby Cole.

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Cause No. 2005-CI-14716; Jake Ryan Flores vs. Cementville Laboratory, Ltd. and Cementville Laboratory Management L.L.C.; 407th District Court, Bexar County, Texas

Facts:
Our client, Jake Flores, was involved in an automobile accident after becoming dangerously intoxicated at Defendant’s bar. Jake was given dozens of drinks for free and was allowed to drink well after 2 a.m. On his way home he lost control of his vehicle, struck a tree and became paralyzed. Jake’s blood alcohol level at the hospital, hours after the accident, was .237 almost 3 times the legal limit. We file a lawsuit pursuant to the Dram Shop Liability Act.

Disposition:
As a result of the accident Mr. Flores became a paraplegic. His past medical bills exceeded $200,000.00. A life care planner established that Jake’s medical care throughout the rest of his life would cost approximately $4.2 to $5 million. Mr. Flores’ lost wages were estimated between $1.7 to $3 million, according to a vocational rehabilitationist. Jake’s case was settled in December 2006 for a confidential amount.

Lead attorney was Toby Cole.

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Cause No. 2002-59054; Erika Green vs. AutoNation, Inc., Mercedes Benz of Houston South - Greenway, Mercedes Benz of Houston North; In the 127th Judicial District Court of Harris County, Texas.

Facts:
Erika was a customer relations manager for a Mercedes Benz dealership in Houston. In May 2000 a co-worker sexually harassed Erika. There was also a dispute regarding a bonus that she was suppose to receive. Erika and the company entered into a confidential settlement agreement that resolved both claims. Erika remained employed with the dealership. Shortly thereafter, Erika was transferred to another Mercedes Benz dealership that was approximately an hour further from her house, her pay was reduced, she was transferred to another department and she began to receive disciplinary write-ups for not being at her desk. Despite attempts to resolve the issues with the human resource department, Erika was fired in October 2001. Erika brought a lawsuit against the dealership for discrimination based on race and gender and alleged retaliation.

Disposition:
The dealership filed a Motion to Compel Arbitration based on an arbitration agreement Erika had signed with the previous dealership. The trial court denied the dealership’s motion. The dealership filed a Writ of Mandamus with the First Court of Appeals – Houston District, in an effort to get it to order the trial to compel the parties to arbitration. The First Court of Appeals affirmed the trial court’s ruling. On December 5, 2006 the trial court awarded Erika $53,000.00 for back pay, $75,000.00 for mental anguish and emotional distress and $89,037.50 for Attorneys’ fees.

Mark Midani and Toby Cole were the trial lawyers.

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Cause No. 2005CVT001397- D4; Larry Allen vs. Central Hauling Company, Cal Ark International, and Roberto Uribe; In the District Court of Webb County, 406th Judicial District;

Facts:
Our client, Larry Allen, while driving an eighteen-wheeler was involved in a motor vehicle accident with another eighteen-wheeler.

Disposition:
As a result of the accident Larry had an MRI, which revealed a herniated disc at L5-S1. Larry attempted conservative treatment but ultimately had to undergo a back fusion at L5-S1. Larry incurred approximately $118,000.00 in medical expenses. Larry was 45 years old at the time and his estimated lost wages were $1,300,000.00. The case settled for a confidential amount in July 2006.

Attorneys were Mark Midani and D’Ann Hinkle.

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Walter Bregon v. Houston Auto Imports Greenway, LTD, AutoNation, Inc., et al; In The United States District Court for the Southern District of Texas, Houston Division, Civil Action No. H-02-0192.

Facts:
Mr. Bregon, who is Puerto Rican, was a sales person for a Mercedes Benz dealership in Houston, Texas. Mr. Bregon sought a manager’s position in the new or pre-owned sales department. There were several management positions available during a three-month period. Despite being one of the top sales people for the dealership, Mr. Bregon was repeatedly passed over. Mr. Bregon complained to the Human Resource Manager about the fact that the individuals that were given the managers’ positions had less experience and/or did not have sales figures as high as his. All the managers were Caucasian and there has never been a minority manager in the new or pre-owned sales department. Mr. Bregon went to the Equal Employment Opportunity Commission (EEOC) to file a Charge of Discrimination. Mr. Bregon was fired two weeks later. Mr. Bregon filed suit for retaliation, discrimination based on national origin and failure to promote based on national origin.

Disposition:
The trial court originally dismissed the case. The case was appealed to the Fifth Circuit Court of Appeals where Mark Midani argued the case to the Court of Appeals. The Fifth Circuit reversed the trial court on all three issues. [Cite: 128 Fed. App. 358; 2005 U.S. App. LEXIS 5846]. The case was subsequently tried to a jury. On October 17, 2005, the jury awarded Mr. Bregon $122,500.00 for lost wages and emotional distress. The court entered a judgment for attorneys’ fees in the amount of $158,954.17.

The trial attorneys were Mark Midani and Toby Cole.