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September 2009 Harris County defense verdict in rear-end auto accident Sunday, 05 September 2010

September 2009 Harris County defense verdict in rear-end auto accident

Member Roger Oppenheim successfully defended his client who was accused of being negligent in rear-ending the Plaintiff who was stopped at a traffic light. The Defendant admitted that he did not stop in time since he was taking a sip of coffee at the time. The defense argued that the accident happened because the Plaintiff stopped suddenly without warning and this was a low impact accident that did not result in any harm to the Plaintiff. The jury returned a verdict that neither party was negligent and no damages were awarded.

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September 2009 Harris County defense verdict in another rear-end auto accident Member Robert Smith successfully defended his Spanish-speaking client who was accused of negligence after rear-ending the Plaintiff, an elderly man with a history of arthritis and unstable spine, who was stopped at a traffic light. The parties agreed the road was wet, and Defendant claimed Plaintiff cut in front of him at the last minute. The defense argued Plaintiff’s damages were pre-existing and that the accident did not exacerbate his condition. The jury returned a unanimous verdict placing 100% liability on the Plaintiff. Click for details...

July 2009 Hidalgo County defense verdict in multi-million trucking accident case Member Roger Oppenheim and Associate Scott Novak successfully defended a leading trucking company in a two-truck accident case. Plaintiff claimed the Defendant truck, which was illegally parked off the shoulder of the highway, pulled out in front of him resulting in a major collision. The defense countered that the collision occurred further down the highway from the point of entry and that the Plaintiff rear-ended the Defendant’s truck due to the effects of sleep apnea, which he had recently been diagnosed. Plaintiff alleged the accident resulted in the need for a total knee replacement and two-level cervical fusion. Plaintiff sought over $4 million in compensatory damages, plus punitive damages for spoliation of evidence and other alleged misdeeds. The jury found the Plaintiff 60% responsible, which operates as a liability bar.
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September 2009 Harris County defense verdict in rear-end auto accident Member Roger Oppenheim successfully defended his client who was accused of being negligent in rear-ending the Plaintiff who was stopped at a traffic light. The Defendant admitted that he did not stop in time since he was taking a sip of coffee at the time. The defense argued that the accident happened because the Plaintiff stopped suddenly without warning and this was a low impact accident that did not result in any harm to the Plaintiff. The jury returned a verdict that neither party was negligent and no damages were awarded. Click for details...

January 2010 verdict for $1,917,091.00 in favor of Larry Thompson and Robert Smith January 2010 verdict for $1,917,091.00 in favor of Larry Thompson and Robert Smith’s commercial client in a breach of contract and insurance code case against a surplus lines carrier for failing to honor an insurance claim after a theft loss. The jury awarded additional damages for knowing violations against the insurance company, its management company, and its independent adjuster, and also found the company unreasonably delayed such that 18% statutory interest applies in addition to prejudgment interest. Click for details...

May 2010 verdict for members Robert Smith and David Escobar May 2010 verdict for members Robert Smith and David Escobar. Plaintiff alleged product defect related to a 5 ton overhead hoist manufactured by defendant. Plaintiff was trained on the job to lift only straight up and down, but he and his co-workers had a practice of lifting a 1400 pound pack of oxygen bottles at an angle so they could put them near the wall even though the hoist track did not go all the way to the wall. Due to the angled lift, the wire rope overwrapped and got bound up on the frame of the hoist, snapped, and the bottles fell on plaintiff’s leg, causing multiple femur fractures. Defense counsel added plaintiff’s employer as a responsible third party. After more than 10 hours of deliberations, the jury assigned 60% of responsibility to the employer, 30% to the plaintiff, and only 10% to defendant manufacturer. Based on the percentages, defendant will pay less than $30,000 after offering $100,000 the Friday before trial. Click for details...