A Record of Successful Verdicts and Settlements
When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record. Is the firm experienced in handling cases like yours? Does the firm have a winning record of getting clients the compensation they deserve?
Below is a sampling of the settlements and verdicts that Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz has achieved for clients injured in truck accidents, car collisions, workplace accidents, due to medical malpractice and in other personal injury accidents. We also have a successful history in representing clients in business litigation cases.
To learn more about how we can help with your case, contact our Texas personal injury lawyers online or call 713-587-9668 (toll free 800-580-9121).
Automotive Defects - Hurricane Rita Bus Fire - $88M Settlement
Firm Partners Muhammad Aziz and Randall Sorrels successfully obtained a settlement against several defendants as a result of a bus fire during the Hurricane Rita evacuation that resulted in 23 fatalities. Several elderly patients from a nursing home in Bellaire, Texas were being transported in an MCI Model EL3 bus when heat generated in the right rear tag axle caused the tire to catch on fire. Smoke from the fire quickly engulfed the cabin of the bus, hindering rescue efforts. Mr. Sorrels was appointed to the Plaintiff Liaison/Steering Committee where he, along with Mr. Aziz, represented the families of two of the deceased as well as four of the injured victims. After years of litigation and reviewing several hundred thousand documents and more than 200 depositions, the Plaintiff's Steering Committee was able to reach settlements totaling $88 million for the families of the victims of this tragedy.
Falls - Inadequate Protection Equipment - $22.7 Million Jury Verdict
Firm Partner Brant Stogner obtained a $22,707,000 jury verdict in Harris County for a client that fell over 20 feet at a construction site. Santiago Arias was rendered quadriplegic as result of the fall that fractured his C-3 vertebra. Mr. Arias, married father of three, was confined to a wheelchair for the remainder of his life with limited use of his right hand. At trial against Mr. Arias' non-subscribing employer, Degar Fuel Systems, Inc., the firm was able to prove that Mr. Arias and the other workers were not provided fall protection equipment or safety training, in violation of federal Occupational Safety and Health Administration (OSHA) regulations. The jury awarded damages for future medical care, pain and suffering, physical impairment, disfigurement and loss of earnings. This verdict was largest verdict in Texas in 2009 for workplace safety, according to Verdict Search's Top Texas Verdicts of 2009.
Bus Crashes - Overturned Bus - $10,800,052 Settlement
Firm Partners Muhammad Aziz and Benny Agosto, Jr. successfully represented several victims and their families who were involved in a bus crash in Victoria, Texas. The bus was on its way to Monterrey, Mexico when the driver lost control of the bus, causing it to overturn. One person died, and dozens of others suffered injuries ranging from amputated limbs to degloving injuries as a result of the incident. In addition to exposing the negligence of the driver and his employer, an investigation completed by our lawyers revealed defendants' concerted efforts to bypass state and federal laws regulating the inspection and registration of imported buses. As a result, Mr. Aziz, who took a lead role on the Plaintiffs' Steering Committee, was able to reach settlements with the defendants on behalf of the victims of this bus crash.
Dram Shop Liability - Intoxicated Patron Killed in Auto Pedestrian Accident - $6.5 Judgment
Firm attorney Brian Humphrey represented the father of a young man who was struck and killed by a vehicle while walking intoxicated on a rural road. The young man had been drinking for several hours at a Tomball, Texas bar, where he had repeatedly been served alcohol while he was obviously intoxicated in violation of Texas law. The firm filed a wrongful death suit against the bar's owner under the Texas "dram shop" statute, which holds bars and other providers of alcohol liable for damages for harm caused when they serve obviously intoxicated patrons. At trial, Humphrey obtained a $6.5 million judgment against the bar owner.
18-Wheeler Wrecks - Compact Car Side-Swiped by 18-Wheeler - $5 Million Settlement
Firm Partners Muhammad Aziz and Randall Sorrels successfully represented a family that was hit by an 18-wheeler when the truck drove into their lane. The driver and her mother suffered severe and disabling injuries, while two minor children suffered minor injuries as a result of the collision. The events causing the collision were severely contested throughout the litigation, as the defendant took the position that the truck driver was driving safely and had the right of way, while Abraham Watkins argued that the truck driver's employers were negligent in hiring and training him. Using a team of highly qualified experts and a meticulous work ethic, the attorneys were able to reach a settlement that adequately compensated all the injured parties.
Fraternity Hazing Alcohol-Related Death - $4.2 Million Settlement
Firm Partner Randall Sorrels were able to reach a settlement with numerous individual fraternity members and leaders, as well as the national fraternity with respect to the death of a young pledge. During a crossing over ceremony which marked the end of the pledge period, our clients' son was encouraged to drink multiple bottles of liquor to the point of becoming unconscious with alcohol poisoning. Instead of rendering aid to the pledge, his fraternity brothers defaced his body from head to toe with permanent marker and left him to die. Our attorneys assisted in the production of and also sponsored an educational video on the dangers of hazing which is now utilized in universities and colleges across the nation.
Falls - Construction Worker Falls into Elevator Shaft - $3.7 Million Jury Verdict
Firm Partner Benny Agosto, Jr. obtained a jury verdict on behalf of a construction worker who fell 14 feet into an elevator shaft because a subcontractor had removed the safety rails and then failed to put them up properly. Prior to the jury verdict, the defendant's highest offer was $100,000 while the client's medical bills exceeded $160,000. During the course of the litigation, it became clear that the defendant was attempting to shift all of the responsibility to the injured victim and refused to accept any fault at all. After the insulting offer, he continued to prepare the case for trial and successfully showed the jury the real impact the defendant's behavior made on the family.
Motor Vehicle Collisions - Injuries to Unborn Child - $2.9 Million Settlement
Firm Partner Muhammad Aziz obtained a settlement for $2.9 million for a young mother and her child in a motor vehicle collision. Defendant was stopped on the shoulder of the freeway facing oncoming traffic when he suddenly made a right turn onto the road. The mother, who was pregnant at the time, was a passenger in a vehicle that was unable to avoid colliding into Defendant. As a result of the extensive injuries she sustained, doctors were forced to perform an emergency C-section to save her child, delivering her baby three months premature. The settlement obtained by Mr. Aziz will help pay for the pain and suffering, physical impairment, and future medical care needed by this mother and her child.
Medical Malpractice - Patient Permanently Injured after Botched Surgery - $1.9 Million Jury Verdict
Firm Partner Randall Sorrels obtained a jury verdict for a woman injured as a result of a botched hysterectomy, at least 50% of which was performed by a resident without the patient's knowledge. This was the first time the resident had performed the procedure. During that hysterectomy, two of the patient's organs, including her bowel were perforated. The injuries were not discovered until three days later at which point she was septic and her injuries were irreversible. Our client spent three weeks in a coma as a result, and thereafter spent months re-learning to walk, talk, and care for herself. She now lives with a permanent colostomy and testimony was presented that she will be an intestinal cripple as she grows older due to the dense internal adhesions resulting for the gastrointestinal damage.
Bad Faith Insurance - Violations of the Texas Insurance Code - $1,750,000 Settlement
Firm Partner Brant Stogner represented a business that was damaged by Hurricane Rita for insurance bad faith and violations of the Texas Insurance Code. Following the damage caused by the storm, this business owner filed his insurance claim with his insurance agent and his insurance company for property damages to his store and the furniture inventory on the showroom floor. The insurance company did not respond to the claim and the insurance agent represented to the business owner that the damages were not covered under the policy. Despite the insurance limits being only $500,000, the firm was able to file suit against the insurance company and the insurance agent, show that coverage was afforded for the Hurricane damages, and ultimately obtain a settlement of over three times the insurance limits ($1.75 Million).
Workplace Injuries - Non-Subscriber Fatality - $1,079,125 Jury Verdict
Firm attorneys Benny Agosto, Jr. and Jay Jackson obtained a $1,079,125 jury verdict on November 19, 2008 in Harris County Probate Court Number 2. In the case, the 21-year-old husband of the firm's client was an employee of a waste company which did not subscribe to workers' compensation insurance. A garbage truck was backing up rapidly without a spotter or a back-up camera as the young man was running to get a trash can from a residence. It backed over him and inflicted serious wounds. He was pronounced dead within the hour at a local hospital. Months after his death, his daughter was born. The jury awarded damages for the client, the child, and the father of the deceased. The defense attempted to offer evidence that the decedent was an undocumented worker; the trial court sustained the firm's objection to that evidence, and that decision was later affirmed on appeal.
Commercial - Fraud in a Real Estate Transaction - $1,097,287 Arbitration Award
Firm Partner Randall Sorrels and a firm attorney obtained a $1,097,287 arbitration award on behalf of the owners of 14 condominiums in Galveston. During construction, the exterior skin of the condominium was changed from pre-cast concrete to stucco. The project's engineer did not sign off on the change. The new skin had not been approved for use in coastal developments, which meant that it would not qualify for standard insurance coverage. The lawsuit alleged that the construction lender knew about this change and its ramifications before the condominium owners closed on their units. Our clients alleged that they were not informed of the change and had they known, would not have closed on their units. According to the arbitrator, the construction lender's actions constituted fraud in a real estate transaction. The arbitrator found that each condominium owner relied on the letter that was sent to them before closing on their units. Most importantly, the arbitrator determined that fraud perpetrated by the bank caused the purchasers to overpay significantly for their condominiums.
18-Wheeler Wrecks - 18-Wheeler Stops in Lane of Traffic Causing Collision - $1,018,126 Settlement
Firm Partner Muhammad Aziz successfully obtained a seven figure settlement for a husband and wife against a truck driver and his trucking company. The truck driver stopped his tractor- trailer in the middle of lanes of traffic on a highway during dense fog, causing the wife to collide with the rear of the tractor-trailer. Mr. Aziz, a skilled attorney in taking depositions, was able to use the driver's own testimony to show his negligence in driving during through intense fog for purely economic reasons. Mr. Aziz was also able to masterfully portray the negligent hiring, supervision and training of the trucking company. As a result, Mr. Aziz was able to obtain a settlement after taking only two depositions and without the need to retain any experts.
Motorcycle Crashes - Motorcycle Collision - $1 Million Settlement
Firm Partner Muhammad Aziz successfully obtained a settlement for a husband and wife after the husband's motorcycle struck the side of a van that had failed to yield to the right of way. The husband lost consciousness as a result of the collision and suffered lacerations to his head and legs, including a left patella fracture, and his medical bills approached $160,000. After the collision, the defendant attempted to avoid responsibility and shift the blame to the injured victim. During the investigation, Mr. Aziz was able to review the van driver's cell phone records and determine that he had been awake most of the previous night and not properly rested at the time of the incident. As a result, Mr. Aziz was able to reach a settlement on behalf of the family.
Negligence/Premises Liability - $700,500 Verdict - Confidential High-Low Settlement Agreement
Firm Partner Benny Agosto, Jr. obtained a confidential settlement during the trial of a negligence/premises liability case. Mr. Agosto's client was a custodian at Seoul Baptist Church of Houston, which unknown to the plaintiff, had hired LA Painting, Inc. to paint the church's gymnasium. While working, the painters negligently leaned five large staging tables on one another, covering the light switch to the main gym area in the process. As his client went to turn off the lights, the five staging tables fell onto the plaintiff, shattering her leg. This resulted in a compound break in her lower leg, which required multiple surgeries to repair. The plaintiff suffers from a permanent limp, and her leg remains grossly disfigured. The jury awarded a total of $ 700,500.00, but the parties entered into confidential high-low settlement agreements prior to the verdict being rendered.
Motorcycle Rider Struck by Auto Parts Delivery Driver - $530,000 Settlement
Firm attorney Brant Stogner represented a young man that was struck while riding his motorcycle by an auto parts delivery driver. The delivery driver only carried the minimum liability insurance limits and was hired as an independent contractor for a staffing company that sent its drivers to deliver products for a large auto parts company. The delivery driver's personal insurer offered the policy limits of $30,000 to settle the claim. Mr. Stogner filed suit and through numerous depositions was able to prove that the delivery driver was, in substance, an employee for the auto parts company on the date of the incident, and the staffing company, despite their intent to carry and treat the delivery driver as an independent contractor. On the eve of trial, Mr. Stogner was able to negotiate a substantial settlement with the auto parts company and the staffing company on top of the minimum limits of the delivery driver.
Motorcycle Rider Struck by 18-Wheeler - $510,000 Settlement
Firm Partners Muhammad Aziz and Randall Sorrels successfully represented the family of a motorcycle rider who was run over by the wheels of a tractor-trailer. The rider struck a curb after he was forced to take evasive action when the tractor-trailer made an unsafe lane change and fell off his bike. Though the defendants attempted to shift blame onto the rider, Mr. Aziz was able to masterfully show the negligence of the tractor-trailer driver as well as the company's negligent entrustment of the tractor-trailer. As a result, Mr. Aziz was able to obtain a six-figure settlement on behalf of the family .
Bad Faith Insurance - Denial of Accidental Death Benefits - $501,250 Settlement
Firm Partner Brant Stogner represented the widow of a man that lost his life in a motorcycle accident while traveling out of state. Although the decedent was covered by an accidental death policy through his employer, the insurer denied the widow's claim for benefits under the policy due to an exclusion in the policy. After investigating the claim history and sending the statutory demand letter pursuant to the Texas Insurance Code, Brant was able to obtain in excess of $500,000.00 to settle the wrongful denial of the insurance proceeds with the insurer.
Breach of Contract - 700 Lawyer Firm Ordered to Pay Recruiting Fees - $461,925.30 Verdict
Firm Partner Muhammad Aziz obtained a verdict on behalf of a recruiting firm that was not compensated for its role in the transfer of ten attorneys from one firm to another. The recruiting firm had placed the defendant in contact with the potential transferees but was later told by the defendant that it was no longer interested in that group of attorneys. Shortly after this discussion the defendant announced that it hired ten attorneys from the group represented by the recruiting firm. Mr. Aziz successfully argued that both the law and evidence showed that the defendant utilized the recruiting firm's efforts to hire the clients it introduced to defendant. The judge found that despite a lack of a written contract, the recruiting firm was entitled to recovery under an equitable theory in Texas law called Quantum Meruit. The verdict was affirmed by the Fifth Circuit Court of Appeals.
Dog Attack - $296,200 Settlement
Firm attorneys Jay Jackson and Randall Sorrels obtained a settlement on behalf of a mentally disabled man who was attacked by a family's dog. The man was riding his bicycle to the fire department, where he had served as a volunteer helper for decades. The dog bolted into the street and severely bit the man's leg, causing such extensive injuries that the man was hospitalized for many weeks. The settlement was negotiated at a mediation conducted early in the suit.
Rear-End Collisions - Driver's Insurance Carrier Ordered to Pay Underinsured Benefits - $84,345 Jury Verdict
Firm Partner Muhammad Aziz obtained a jury verdict on behalf of a driver involved in a rear-end collision. The party that rear-ended the driver did not have sufficient insurance to pay for the damages suffered by the driver, so the driver's own insurance carrier became liable for underinsured motorist benefits. The defendant refused to acknowledge that the collision caused any injuries to the driver. Although the driver suffered from a preexisting degenerative disc disease in his back, Mr. Aziz was able to artfully impress upon the jury the fact that the collision aggravated the driver's condition. While the driver's medical bills were only $2,445, the jury returned a verdict over 40 times that amount.
Assault - Elderly Man Attacked on His Way to Work - $70,000 Jury Verdict
A firm attorney represented an elderly gentleman in an assault case in late 2011. After a minor car accident, which caused no damage to either vehicle or driver, the defendant got out of his car, walked over to the client's car, and punched the client in the face. The defendant fled the scene. Though the defendant denied punching the client, an eye witness was present and was able to capture the defendant's information. The unanimous jury awarded $15,000 in compensatory damages and $55,000 in punitive damages.
Minor Impact Rear-End Collisions - No Offer - $34,855 Verdict
Firm Partner Brant Stogner represented a young woman that was rear-ended while waiting at a traffic light. Although the offending driver was clearly responsible for all damages caused in the collision, the insurer for the offending driver maintained that it was impossible for any injuries to have occurred due to the minimal impact of the collision. The impact caused less than $500 in property damages to the client's vehicle. The insurer for the at-fault driver offered no compensation for the medical bills, pain, or impairment of the client. Brant and the firm filed a negligence lawsuit and worked the case in preparation for a trial. A Harris County jury returned a verdict in the client's favor for $34,855.00. The client was also able to recover court costs and interest on top of the jury's verdict.
Gas Leak/Explosion - Wrongful Death and Severe Burns
A firm attorney obtained a confidential 8 figure settlement on behalf of a family whose house exploded as a result of an underground natural gas leak. The gas operator failed to properly monitor and inspect their lines which led to a major underground leak. The gas eventually migrated through the soil and into the home of our clients. Two people, a mother and daughter, were inside the home when it exploded. At the time of the explosion, a worker for the gas company was sitting in his truck outside of the home investigating a leak in the neighbor's back yard. At no point did the worker inform our clients of the gas leak or the need to evacuate the area. During the litigation, it was discovered that another employee of the gas company lied during his deposition and the supervisor of the company had destroyed documents after the explosion. The firm was able to secure a settlement which helped fund a special needs trust for the young lady who survived the explosion but had been left permanently disabled. As a result of the litigation, the gas company has gone back and re-inspected all of the underground lines in the area for additional leaks.
Chemical Plant Explosion - Injury to Several Chemical Plant Workers
Firm Partner Benny Agosto, Jr., obtained a confidential settlement, aggregating a total of seven-figures, on behalf of twenty-three clients who sustained serious injuries from an explosion while working at a chemical plant in Port Arthur, Texas in April of 2013. The contractor ultimately responsible for the explosion failed to not only properly train its employees in identifying the correct equipment to be used, but also failed to provide its employees with the proper equipment to perform the work. The proper equipment for the project required the use of non-explosion proof droplights to illuminate the quench settler drum the company was contracted to clean, especially in the presence of hazardous chemicals. The spark started a small flame, followed by an explosion. Several other contractors were working directly outside of the drum, and in the vicinity surrounding. When the explosion occurred, workers ran to escape, in fear of their lives. Numerous workers were seriously injured during the course of their escape. Mr. Agosto was able to secure an individual settlement for each of the twenty-three clients which helped compensate his clients for the serious physical and emotional injuries they sustained as a result of the explosion.
Workplace Injury - Fracking Death - Confidential Settlement
Firm Partner Benny Agosto, Jr. reached a confidential settlement in a fracking site death case. In this matter, a line boss in training for a fracking company, was working near the pump trucks. A crane was holding up a lubricator tool (a steel pipe) vertically a number of feet in the air, and a wireline was pulling a perforating gun (45' steel pipe) into it. During this process the wireline failed and the perforating gun was released falling on and killing our client. The engineer in control of the wireline was inexperienced and there was eye witness testimony that he was pulling the perforating gun at a rapid pace. Additionally, the parties in control of this wireline operation failed to ensure that the fall radius of the perforating gun was clear of non-essential personnel throughout the operation. There was further evidence that the use of an entry guide at the base of the lubricator would have aided in the safe entry of the perforating gun, however, there was testimony that a guide was not allowed in order to save time during the fracking process. Mr. Agosto obtained a settlement significant enough to care and provide for the wife, five children, and mother of the deceased.
Golf Cart Ejection and Brain Injury with Coma - Confidential Settlement
Firm Partners Benny Agosto, Jr. and Brant Stogner settled the multi-party lawsuit arising out of the ejection of a golf cart passenger at the 2013 Houston Livestock Show & Rodeo. Because the injured victim remained in a coma throughout the case, the firm attorneys represented the family members in their case against the golf cart operator, the Rodeo, the Pennsylvania partnership charged with controlling the NRG (then Reliant) complex, the Conroe golf cart dealership that leased and later sold the golf cart to the Rodeo, and the Georgia golf cart dealership that improperly modified and stretched the golf cart. In stretching the golf cart, the Georgia dealership improperly removed the overhead handles and improperly positioned the hip restraint for the front-row passenger. The end result was a dangerous and defective golf cart that completely lacked minimum safety features and found its way to the Rodeo for the purpose of transporting people. The firm attorneys sought compensation for the life-altering and catastrophic injuries suffered by the ejected occupant and for her ongoing medical care, which experts had calculated to be in excess of $6 Million. On the eve of trial, Mr. Agosto and Mr. Stogner were able to obtain a confidential settlement with all defendants.
Motorcycle Rider Struck by Commercial Delivery Driver - Confidential Settlement
Firm Partner Brant Stogner represented a passenger on a motorcycle that suffered catastrophic injuries after colliding with car driven by a young commercial delivery driver. The client suffered multiple fractures and a traumatic brain injury with a short coma. The commercial delivery driver failed to yield the right-of-way and turned left directly into the path of the motorcycle, killing the motorcycle operator and ejecting the passenger. Through countless depositions in preparation for trial, Mr. Stogner was able to establish that the commercial delivery driver was running late, had not been properly trained, was operating two cell phones at the time of the collision, had been sending and receiving text messages on the fatal delivery, and was driving with his seat fully reclined and obscured vision. Through social media research, Mr. Stogner was able to gather crucial information and, when the delivery driver was deposed, the delivery driver pled the 5th Amendment with regards to whether he was driving under the influence of marijuana at the time of the incident. After the pretrial conference and at the courthouse steps, Mr. Stogner was able to negotiate a substantial, confidential seven-figure settlement with the commercial delivery company for his client.
Failure to Monitor Patient - After Fall Patient Rendered Quadriplegic - Confidential Settlement Reached
Firm Partner Randall Sorrels achieved a settlement in an amount necessary to care for our 67-year-old client who was allowed to walk and stand unassisted for approximately 45 minutes after being put under general anesthesia used during a prostate biopsy. While standing unassisted and still impacted by the effects of the narcotics, he fell hitting his head and ultimately becoming a quadriplegic. The settlement included both a lump sum and future annuity payments to provide for the increase in cost of his care throughout our client's lifetime.
Power Line Injuries - Roofer Rendered Double Amputee After Electrocution - Confidential Settlement
A firm attorney obtained a confidential seven figure settlement for a construction worker and his family as a result of the worker's arms being amputated. The worker came in contact with a high voltage overhead power line while performing roofing work on a residential construction project. Following an extensive investigation, prior to filing the lawsuit, it was clear that the home builder improperly built the home into the overhead aerial easement in violation of building codes and industry standards. As a result, he was able to reach the settlement on behalf of the family without the need to take any depositions of the defendant's employees.
Overdose of Dilantin Causes Neurodevastation - Confidential Settlement
Firm Partner Randall Sorrels achieved a settlement in an amount necessary to care for our 34-year old client who was overdosed with Dilantin, a drug used to control seizures. Our client was given more than ten times the normal dose of Dilantin in a period of less than three days. The Dilantin overdose caused respiratory suppression which caused her brain to be deprived of oxygen to the point that she suffered permanent brain damage. She now requires twenty-four hour care and assistance with all aspects of daily living. The settlement included both a lump sum and future annuity payments which were deposited into a special needs trust to provide for the increase in cost of her care throughout our client's lifetime.
Gas Pipeline Explosion - Confidential Settlement
A firm attorney recently obtained a confidential settlement for the families of two men tragically burned to death when a 14-inch natural gas pipeline was struck by a piece of equipment operated by one of their co-workers. The line strike led to an enormous release of natural gas which ignited engulfing both men in flames. Suit was filed against the mens' employer for gross negligence as well as against the pipeline owner/operator for not having adequate pipeline markers on the line. During the discovery process, it became clear that the employer failed to make a "one-call" for the excavation work that was being performed. Even with the major hurdle in the case against the pipeline company, he was still able to secure a significant settlement for the families from the pipeline company. He and the firm have extensive experience handling cases involving pipeline ruptures and explosions.
Injuries to Minor Children - Confidential Settlement
Firm Partner Brant Stogner represented, Isaiah Reagins, a minor child in his suit against a Houston charter school and the teachers and administrators. Isaiah Reagins was the thirteen-year-old boy that was attacked by his teacher, Sherri Lynn Davis, while at school. The beating was videotaped by a fellow student and went viral on the internet shortly after the attack. While the Texas Education Agency and the Texas Rangers were investigating the school, Brant J. Stogner pursued civil remedies on behalf of the injured student against the private charter school, the teacher that attacked Isaiah, the teacher that stood by during the attack, and the administrators that attempted to cover up the incident. As a result, Brant J. Stogner was able to obtain a substantial confidential settlement that was placed in a trust for the benefit of Isaiah when he becomes an adult.
Medical Malpractice, Patient Dropped - Confidential Settlement
Firm attorney Jay Jackson concluded a confidential settlement on behalf of the family of a disabled woman who was dropped by the staff of a health care provider when they were transferring her. The dialysis patient received a severe injury to her lower leg, which later had to be amputated. Less than a year later, the patient died, leaving her husband and adult children as survivors. The suit on behalf of the patient required extensive investigation, depositions, and complicated negotiations with various entities. The case reached a negotiated settlement at a mediation conducted prior to trial.
BB Gun Accident - Boy Loses Sight by Accidental Discharge - Confidential Settlement Reached
Firm Partner Brant Stogner represented the family of a teenager that was severely injured when a neighbor accidentally discharged a BB gun that injured the teen's eye. The teen lost vision in the injured eye and had to receive a surgical prosthesis. A confidential six figure settlement was reached with the insurance company of the family responsible for leaving the loaded weapon on the nearby porch.
Breach of Contract - Broker Finally Paid the Commission It Earned - Confidential Settlement
Firm Partners Muhammad Aziz and Randall Sorrels successfully represented a broker in an oil rig purchase deal for Chinese manufactures rigs for nonpayment of commissions. The parties entered into an agreement wherein the commission would be paid in two installments, but no commission was ever paid. During the course of litigation, it became clear that defendant was attempting to shift the blame to the broker and claim it was the broker that breached the contract. Determined that his client was the real victim, Mr. Aziz was able to obtain a settlement on the eve of trial and force the defendant to pay the broker its rightful compensation.
Automotive Defects - Defective Automobile Recall Work Performed - Confidential Settlement
Firm Partner Nick Nichols successfully obtained a confidential seven figure settlement against an automobile dealer and the manufacturer following the death of a young lady whose car was not properly repaired when she took it in for a safety recall. During the investigation, the attorneys were able to determine that the dealership never performed the recall work even though they provided the customer with a receipt showing they did and were paid for the work by the manufacturer. With a team of highly qualified experts and detailed oriented work ethic, the attorneys were able to provide the family with an answer of really happened to their loved one.
Premises Defect - Over 20 Foot Fall - Confidential Settlement
Firm Partner Brant Stogner represented a roofer that was severely injured when inspecting a Houston commercial building. The client was at the premises to inspect the roof of the building and make bids for HVAC work that was needed. When attempting to reach the roof through the use of a ladder that was bolted to the side of the building, the client fell over 20 feet and suffered multiple fractures. The commercial building was leased to a local business and did not have internal access to the roof. The client and the firm filed the lawsuit against both the owner and the tenant alleging an unreasonably dangerous condition, the ladder. The bolted ladder did not comply with existing code regulations and lacked the basic safety components needed to make it reasonably safe. The defendants in the action maintained that the roofer was responsible for his own injuries and that nobody else has ever had any difficulties using the ladder for roof access. Despite the defendants' protestations, Brant and the firm were able to reach a confidential six figure settlement with both the tenant and the owner of the premises.
Tow Truck Death Case - Confidential Settlement
Firm Partner, Brant J. Stogner, obtained a confidential seven-figure settlement on behalf of a widow and her daughter for the wrongful death of the husband and father. A tow truck driver was towing a disabled 18-wheeler and attempted to cross U.S. Highway 59 near Wharton, Texas. The decedent was traveling from Houston to El Campo, Texas to attend his 60th High School Reunion. The tow truck driver attempted to cross southbound lanes and merge into northbound traffic in one maneuver in a 120-foot vehicle combination. The tow truck driver was unable to merge northbound with traffic and, as a result, was blocking all southbound lanes and shoulders at the moment of the collision with decedent's vehicle. The decedent died immediately upon impact with the 18-wheeler. The insurance company for the tow truck driver and the tow truck company denied all responsibility and blamed the decedent for failing to see the vehicle in tow that was blocking the lanes. Mr. Stogner filed suit in Wharton County, Texas and through numerous depositions, Mr. Stogner was able to prove that the tow truck driver needlessly endangered the lives of all motorists on the roadway that night because there were multiple, safer options for accessing northbound Highway 59 that did not require the tow truck driver to cross all southbound lanes. Mr. Stogner was also able to establish that the disabled 18-wheeler was not powered or illuminated at the time of the collision, despite the tow truck driver's testimony that he was sure the vehicle in tow had lights on. Mr. Stogner and the experts he retained were also able to establish through the black box download that the decedent was driving below the speed limit and had braked prior to the collision. After extensive litigation, Mr. Stogner was able to prove that the tow truck driver and the tow truck company were solely responsible for causing the untimely death of the decedent and the case settled prior to trial for a confidential seven-figure amount.
18-Wheeler Wrecks - 18-Wheeler Head-On Collision - Confidential Settlement
Firm Partner Nick Nichols successfully represented the family of a father and son who were hit head on by an 18-wheeler while on their annual trip to the deer lease. The truck driver passed out on the interstate during broad daylight and drove his 80,000 pound semi across the median and into oncoming traffic. Two people were killed in the crash and there were several other serious injuries. The investigation completed by our lawyers revealed that the truck driver had been taking very powerful narcotics and hiding the prescriptions from his employer. After the crash, the trucking company tried to cover up the medical evidence, but our team of experts was able to track down the information. The company did not have enough insurance to adequately compensate all the injured parties, but Abraham Watkins was able to force the company itself to may a confidential seven figure settlement out of its own pocket.
Single-Vehicle Crashes - Single Vehicle Rollover - Confidential Settlement
Firm Partners Muhammad Aziz and Randall Sorrels obtained a confidential settlement for a mother and her family against a major automobile manufacturer after the mother lost control of her SUV and rolled over. As a result of the rollover, the roof of the SUV collapsed, injuring the mother's neck and resulting in quadriplegia. Working with a team of highly qualified experts, Mr. Aziz argued that the vehicle lacked electronic stability control and inadequate roof strength to properly protect a driver in the event of a foreseeable rollover. As a result, Mr. Aziz was able to reach a settlement on behalf of the family without the need of a long and drawn out trial.
Woman Falls Off Segway - Confidential Settlement
Firm Partners Muhammad Aziz and Nick Nichols effectively represented a husband and wife after the wife fell off a Segway personal transport while on a tour of Austin, Texas. The woman was touring the city with her family when she fell off the Segway several times. The tour guide repeatedly placed the woman back onto the Segway, even though it was apparent she was having difficulty. On the last fall, she suffered severe head injuries and brain damage. In addition to exposing the negligence of the tour guide, who disappeared immediately after the incident, an investigation led by Mr. Aziz revealed that Defendant had no release signed by the woman. Mr. Aziz was able to reach a settlement on behalf of the family after skillfully articulating how a missing release, coupled with a "phantom" negligent tour guide, would play well for the injured woman in front of a jury.
Insurance Agent Violations of Texas Insurance Code - Confidential Settlement
Firm Partner Brant Stogner represented a business in its lawsuit against its insurance agent and agency for violations of the Texas Insurance Code. The business sought insurance coverage for workplace injuries and negligence and was assured by its insurance agent that such coverage was afforded through the policy brokered. Despite the language of the insurance contract that clearly excluded such coverage, Brant J. Stogner was able to establish multiple errors in the placement of coverage by the agent. Although the insurance agent testified that all parties were aware of the exclusion of coverage from the start, Brant J. Stogner was able to prove that even the insurance agent initially believed there to be coverage, despite the actual language of the contract. As such, the insurance agent made material representations to the business about the policy's coverage that was incorrect. Such representations are violations of the Texas Insurance Code and entitle the policyholder to damages produced by the misrepresentation. Brant J. Stogner was able to obtain a confidential six figure settlement to compensate the business for its damages caused by the lack of coverage.
Underpayment of Hurricane Ike Claim - Confidential Settlement
Firm Partner Muhammad Aziz successfully obtained a settlement against several insurance companies as a result of the underpayment of a Hurricane Ike claim. During the Hurricane, the commercial building suffered severe wind damage to the roof, walls, and foundation. The building's owner was forced to make stop-gap repairs to limit water intrusion into the building in an effort to mitigate damages while waiting for the defendants to pay the claim. During the course of litigation, it became clear that the defendants breached the insurance contract and violated several chapters of the Texas Insurance Code. Using a team of highly qualified experts and a meticulous work ethic in reviewing several thousand documents, Mr. Aziz was able to obtain a settlement and make the defendants pay the property owner its rightful compensation.