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July 2019 Archives

Ford Knowingly Sold Focus and Fiesta Models with Defective Transmissions

Ford Motor Company knowingly launched sales of the Focus and Fiesta models with defective transmissions and continued to sell them despite thousands of complaints, according to a recent investigation by the Detroit Free Press. The cars were put on sale in 2010-11 and at least 1.5 million remain on the road. The defective transmissions can result in random loss of power on the freeway or unexpected bolting into intersections.

Woman Sues Moody Gardens following Injuries sustained on Ice Slide

On June 5, 2019, a Galveston County resident filed a complaint against Moody Gardens, Inc. ("Moody Gardens") as a result of injuries she alleges she sustained on an ice slide while visiting Moody Gardens with her family.

Jury Awards $229M in Medical Malpractice Lawsuit

A Baltimore jury has awarded $229M in what is thought to be one of the largest jury awards for a medical malpractice lawsuit. The lawsuit was brought by a woman who alleged that her daughter suffered a brain injury at birth that now requires around the clock care.

Settlement Agreement Reached for Family of Man Killed in a Meat Grinder

Firm attorneys Benny Agosto, Jr. and Jonathan Sneed have reached a confidential settlement against Interstate Meat Distributors, Inc., regarding a fatal incident that occurred on April 30, 2013. The settlement brings a favorable end to the family's lawsuit seeking compensation for the negligence of the company that resulted in the death of their loved one.

$25 Million Verdict Awarded Against Dallas Nightclub After Over-Served Patron Causes Fatal Crash

In December 2018, a Dallas jury returned a $25 million wrongful death verdict against a club in Dallas. In reaching its verdict, the jury found that the club over-served former Dallas Cowboys player Josh Brent, who flipped his Mercedes, killing his friend and teammate Jerry Brown.

Lawsuits Filed After Airplane Passengers are Attacked by Emotional-Support Animals

Each year, over four million dog attacks take place in the United States. The American Humane Society (AHS) reports that there are approximately 4.7 million dog attacks that take place each year with 800,000 of the attacks requiring medical attention. Half of the attacks are on children and nearly 386,000 of those injured require emergency services. Texas is the leading state in the number of fatal dog attacks. This year alone, there have been five reported deaths in Texas involving a vicious dog attack. Several more attacks resulting in serious injuries have also been reported.

Facing Mounting Pressure, Boeing Aiming to Settle 737 MAX Jetliner Crash Claims

Amidst growing concerns over air travel, Boeing is reportedly negotiating over 100 settlements with the families of victims of two separate crashes of their 737 MAX jetliners. Both 737s went down under similar circumstances within five months of each other: a Lion Air jet flying out of Jakarta, Indonesia in October 2018, and an Ethiopian Airlines flight in March 2019. There were no survivors of either crash, as nearly 350 people were killed.

2011 Honda Odyssey Seatbelt Design Found Defective

A jury in Dallas recently determined that the seatbelt system in the 2011 Honda Odyssey is defective. The lawsuit claimed that the design of the seatbelt for the third-row middle seat was defective. The seatbelt design was a two-part system that required the rider to anchor the detachable shoulder strap from the ceiling of the van to the seat and then pull the belt across the users hips before it can buckle. Independent testing performed by an expert found that less than 10% of participants successfully operated the Honda Odyssey's two-part seatbelt system.

Three Dead After Intoxicated Individual Crashes Boat on the Open Water

The fun involved with getting on a boat and participating in other water related recreational activities often causes us to forget that boats are motor vehicles too, and they have the same risks as the operation of car driven on the road. Recently in Mont Belvieu, which is just east of Houston, three men lost their lives while they were aboard a fishing boat when an intoxicated individual crashed a ski boat into them. Tragic incidents like this are a sobering reminder of the hidden dangers that exist as more people go on vacation now that summer is here.

Kansas Supreme Court Throws Out Longstanding Cap on Noneconomic Damages in Personal Injury Lawsuits

On June 14, 2019, the Kansas Supreme Court struck down Kansas' cap on damages for noneconomic damages in personal injury lawsuits on the basis that the cap was unconstitutional. In Kansans, the legislature imposed a limit on the amount noneconomic money damages a jury can award a plaintiff in personal injury cases. Kansas' overturning this cap is hopefully just the first domino toppling over, and soon to be followed by other states seeking to return power to the hands of the people.

Several Patients Sue Hospital over Infections

Several patients have filed suit against Porter Adventist Hospital and claimed that they went in for surgery, but left with infections. The suit states, "This lawsuit is premised upon allegations of corporate negligence by Defendant Porter and its leadership and staff, resulting in systemic and ongoing infection control breaches at Porter Adventist Hospital from mid-2015 through late 2018."

JPMorgan Chase Has Re-launched It's Arbitration Clause for Their Credit Cardholders

JPMorgan Chase, the country's largest bank and biggest U.S. credit-card issuer, has reintroduced to over 40 million credit card holders a controversial policy that forces their customers to use arbitration instead of being able to go to court to resolve payment disputes or joining class-action suits. This new clause stipulates that any disputes between consumers and Chase must be brought up before a private arbitrator.

Parents of Victim of Fraternity Hazing and Brain Injury Fighting Lawsuit Delays

In February of 2017, Timothy Piazza was a student at Penn State and a victim of fraternity hazing. Then 19 years old, Piazza was pledging to join Beta Theta Pi and required to attend a bid acceptance night at the fraternity's house. He consumed large amounts alcohol due to being forced to participate in drinking games and hazing activities.

Cruise Ship Passenger Injured After Slip and Fall on the Ship Deck

On December 29, 2017, a Harris County resident filed a lawsuit against Cruises to Nowhere, LLC, and M/V Jacks or Better 1, alleging negligence and gross negligence.

Kansas Supreme Court Strikes Down Cap in Injury Cases

The Kansas Supreme Court has held that the state's law regarding caps on certain damages for injuries in personal injury lawsuits is unconstitutional. Specifically, the court determined that caps on noneconomic damages should be removed. A majority of the justices ruled that the limits set by the Kansas legislature on nonecominc damages violate the Kansas constitutional right to a jury trial.

Why You Need an Attorney in an 18-Wheeler Accident Case

The National Highway Traffic Safety Administration reported that in 2017, there were over 4,600 fatal accidents involving 18-wheelers. Collisions involving 18-wheelers clearly have consequences that are far more devastating than normal "fender-benders." If you or someone you know is seriously injured by an 18-wheeler, there are many reasons you should hire an attorney rather than try to handle your claim by yourself:

HIV Positive Nurse Possibly Exposed Patients to Virus by Stealing and Replacing Medication

Kyle Evans, an HIV positive registered nurse in Texas, has been charged with two felonies for tampering with a consumer product and drug conversion. The charges stem from an incident in February 2019 when Evans was caught stealing five vials of hydromorphone, a pain reliever, from his employer Northeast Methodist Hospital. The Department of Health was notified and an investigation launched immediately. During the investigation, a video was found that also showed Evans stealing the drugs.

Software Glitch Found in 737 MAX 8 Aircraft

After the crash of two Boeing 737 MAX 8 aircrafts and the subsequent investigations, Boeing has admitted that the FAA (Federal Aviation Administration) has "identified additional requirements" for software modifications. In both crashes, it is believed that the nose of the aircraft was pushed downward automatically without input from the pilots, ultimately causing the subsequent crashes.

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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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.

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