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May 2019 Archives

Fatal Road Rage Crash, Trucking Company Held Responsible for $27 Million

In 2016, four trucking companies were racing down Highway 20 near Burns, Oregon. The professional truck drivers worked for companies like Horizon Transport and Smoot Enterprises. Witnesses say the trucks were driving fast and furiously down the highway for more than 90 miles until they came to a bend in the highway. One truck was going around the blind turn in the road while driving in the opposite lane. The truck then hit an RV driven by an Oregon couple. The collision was head-on, killing the wife and severely injuring the husband.

Are Motor Carriers the Only Responsible Parties?

Imagine this scenario: you're driving down the freeway, and then one of your tires goes flat. Your family is in the car with you, so you pull to the side of the freeway and begin to change the tire. Unbeknownst to you, further down the road approaching you is an 18-wheeler, owned and operated by Acme, Inc., one of the largest distributors of home goods in America. As the 18-wheeler approaches, it glides to the shoulder, striking your car, killing all the occupants. The weather is clear, the road is straight and flat, visibility is clear for over a mile. Who may be held responsible for this horrific act?

Moody Gardens Customer Suffers Broken Arm and Other Serious Injuries

On February 20, 2019 a lawsuit was filed in a Galveston County District Court against Moody Gardens, Inc. and the City of Galveston. In the lawsuit, the Plaintiff alleges multiple causes of action against both defendants.

Hotel Where 3 Children Have Drowned Since 2015 Faces Lawsuit Over 2017 Drowning

A 3 year-old boy recently drowned at a Quality Inn & Suites in Knoxville, TN. He is the third drowning victim at the hotel since 2015. The family of a 7 year-old boy, who drowned in 2017, is currently suing the hotel for negligence. A 4 year-old boy drowned in the same hotel pool in 2015.

Maker of Roundup Weed Killer Hit With $2 Billion Verdict

Monsanto, the manufacturer of popular weed killer Roundup has lost another case. Cancer patients across the country are suing Monsanto alleging that Roundup gave them cancer. Three cases have gone to trial and all three verdicts have been in favor of the plaintiffs.

Fatal 18-Wheeler Crash Kills One, Injures Nine

On April 19, 2019, the driver of an 18-wheeler that was headed eastbound on I-20 near the Cleburne Highway exit caused a collision that left a 44-year-old woman dead and nine others injured.

Trucker Awarded $80M

Truck driver Lauro Lozano filed suit against JNM Express, Omega Freight Logistics, and Anca Transport and alleged that his boss made him falsify his log book to appear that he rested for the federally required 34 hours between two different routes. In reality, Mr. Lozano had finished a long route when he was asked by his boss to begin another route from Texas to Maryland.

Ford Recalls Another 270,000 Vehicles for Roll Away Risk

On July 30th 2018, owners of 2013-2016 Fusion sedans and 2013-2014 Escape SUVs were notified by Ford about a transmission system defect that posed a rollaway risk. The defect resulted in 550,000 vehicles across North America to be recalled. Now almost a year later, Ford recalls another 270,000 vehicles, specifically the 2013-2016 Ford Fusion cars equipped with a 2.5-liter engine, over the same issue of faulty shifter cable bushings and urges owners to use the parking brake until the defect has been repaired.

GM Recall - When Conveniences Become Catastrophes

When GM installed engine block heaters in some of their trucks, they did not foresee the potential increased fire hazards as a result of this intended convenience. The engine block heaters were designed to warm the engine to allow for easier starting in very cold weather. This is allowed by plugging the engine block heaters into an external power outlet. However, recent reports have shown that the cord and block heater may short circuit resulting in a potential fire.

Victims of Sexual Assault Have More Options for Justice Than They Think

Given the depravity of the act, it is no surprise that we think of prison as the most common form of punishment for individuals who commit sexual assault. In a criminal proceeding, the prosecutor focuses on proving that a crime was committed and that the defendant should be locked up. While the victim's testimony may be instrumental to a conviction, the criminal justice system cannot do anything to financially compensate the victim for the trauma they suffered. However, there are other ways for victims of sexual assault to get the justice they deserve. The only way for a victim to be financially compensated for the harm they suffered is by bringing a civil lawsuit.

$120 Million Verdict for Pelvic Mesh Injury

A subsidiary of Johnson & Johnson, Ethicon, was hit with a $120 million verdict by a Pennsylvania jury. The lawsuit arose from medical mesh device which was implanted in the plaintiff during a 2008 procedure. The plaintiff, a 68-year-old woman, argued that she suffered from chronic pelvic pain and urinary tract infections as a result of the mesh. She was required to undergo a surgery to remove the mesh. Despite efforts by doctors, the surgery to remove the mesh was unsuccessful, her attorneys stated.

Dallas Jewish Community Center Sued, Teen Repeatedly Abused By Staff Member

On April 30, 2019, a lawsuit was filed against the Aaron Family Jewish Community Center in North Dallas alleging the center did nothing to prevent the repeated sexual abuse of a young teenage girl by a staff member working as a trainer. The lawsuit alleges the center even ignored a manager's repeated reports about the staff member's inappropriate conduct and behavior.

Customer Suffers Shoulder Injury After Slip and Fall Accident Inside Friendswood Grocery Store

A Kroger customer filed a lawsuit in the Galveston County District Court against the grocery store for injuries she suffered while shopping there. Filed on April 23, 2019, the lawsuit involves an accident that took place in May of 2017. Apart from suing Kroger, the customer also brought an action against the manager of the store where the incident occurred.

Surviving Wife and Mother of Three Sues Highway Construction Company After Major Accident

Roxane Freeman is suing Webber LLC, a major roadway construction company based in the Woodlands, Texas after her husband and two young children were skilled on Beltway 8. Roxane Freeman asserts that Webber LLC failed to properly warn drivers and safely manage traffic in a work zone, which lead to the death of her family.

Texas Jury Reaches $33 Million Verdict in Fatal Crash Case Involving Goodyear Tire

A jury in Texas County, Texas returned a $33 million verdict against Goodyear Tire in late February, 2019 after a three-week trial. The trial surrounded the death of Ramiro Munoz, who was killed in an accident in 2013 when a cement truck allegedly lost its tread, causing its driver to lose control and collide with Mr. Munoz's vehicle and crush Mr. Munoz to death.

Fisher-Price Rock 'n Play Sleeper Recalled Due to Reports of Infant Deaths

On April 12, 2019, the United States Consumer Product Safety Commission (CPSC) announced that it was recalling all models of the Fisher-Price Rock 'n Play sleeper after reports that it was linked to over 30 infant deaths since the product was released in 2009. Customers are instructed to immediately stop using the product and contact Fisher-Price for a refund or voucher. The recall affects over four million products. The recall comes a week after the CPSC and Fisher-Price issued a joint warning in which they reported ten infant deaths in connection with the product. According to the joint statement, the deaths occurred after an infant three months of age or older rolled from their back to their stomach or side while the infant was unrestrained in the seat. At that time, the company recommended that consumers stop using the sleeper when an infant reached three months of age or as soon as the infant exhibited rollover capabilities.

Woman Sues After Being Injured Riding in Elevator

Patricia Price has sued John Peter Smith Hospital and Thyssenkrupp Elevators and claimed she was injured while riding in an elevator in September 2017. Ms. Price was in the hospital's main building when she entered the elevator on the fourth floor. While in the elevator, she was "violently jolted by the abrupt falling then stopping of the elevator." Ms. Price was taken to the hospital's emergency room and complained of injuries to her neck and back. The suit claims that the hospital had received prior complaints of the elevator malfunctioning prior to the incident involving Ms. Price.

Recent Ethiopian Airlines Crash Was the Second Boeing 737 Max Crash Since October

On Thursday, April 4, 2019 Ethiopia's Ministry of Transportation released their preliminary report regarding the crash of flight ET302. Ethiopian Airlines flight 302 crashed shortly after taking off last March, near the capital of Ethiopia, Addis Ababa. Benny Agosto, Jr. currently represents the families of three passengers that perished in the crash.

Airbag Problems Revealed in Millions of Vehicles

The National Highway Traffic Safety Administration revealed numerous documents indicating that up to 12.3 million vehicles in the United States may have airbag problems. It has been determined that the airbags may not inflate in a crash and the problem could be responsible for as many as eight deaths. Right now, the focus is on vehicles made by Toyota, Honda, Kia, Hyundai, Mitsubishi, and Fiat Chrysler from the years 2010 through 2019 model years. And the airbag control unit in question is made by ZF-TRW.

Elevators: Box of Inherent Dangers

With elevators, we often take them for granted. You might consider the danger of the door closing too soon. You might stick your hand out to hold it open, or just stand back and wait for the next one. Yet once you are inside the elevator box, most of us forget about the other dangers. We forget that it could get stuck, or worse, that it could plummet to the bottom floor. There are about 325 million elevator rides every day, with each elevator carrying about 20,000 people per year. Most of those rides end safely. But for some unfortunate passengers, poor elevator maintenance or defective elevator design can cause catastrophic injuries by riding the wrong elevator at the wrong time. Worse still, the general public is rarely aware of elevator problems until after serious injuries occur.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

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