$32M Verdict for Truck Driver on Marijuana Who Killed Nurse

$32M Verdict for Truck Driver on Marijuana Who Killed Nurse

Congratulations to Louisville, KY Personal Injury Attorney Steve Romines for turning down all settlement offers.

Personal Injury Attorney Steve Romines said Atlas Excavating hired dump truck driver, Eric D. Jenkins, without a pre-employment drug screen, as required under federal law.

The truck driver caused a crash while driving a dump truck on Sept. 7, 2012. The dump truck hit Nurse Marie Garmon head-on causing a broken leg and hip and killing her. Nurse Marie Garmon, 43, died five days later.

When tests showed he had marijuana in his bloodstream, the truck driver was charged with murder and DUI. He pleaded guilty to second-degree manslaughter and was sentenced to six years in prison.

In the personal injury trial, the Anderson County, KY jury gave a verdict of $32 million against the driver and his employer, including $5 million for pain and suffering and $10 million in punitive damages.

Attorney Romines said “We wanted a trial” and the Garmons turned down all offers to settle. Attorney Romines asked the jury to send a message to trucking companies that breaking the law is not worth the risk.

Another Verdict Against Monsanto for Roundup

This time, a jury awarded $2 billion in punitive damages and $55 million for pain and suffering and medical expenses. The verdict was in favor of a couple who sustained cancer allegedly by using Roundup for 30 years.

This is the third large verdict against Monsanto. In a short jury deliberation of less than two days, the jury believed that internal company documents showed Monsanto spent millions of dollars to attack studies which showed Roundup is dangerous.

Bayer, the parent company which owns Monsanto, said it will file an appeal. That’s no surprise with a large verdict. Both the punitive damage award and the amount for pain and suffering will likely be substantially reduced by an appellate court if the case isn’t settled for substantially less before the appeal.

Cases like this are usually settled for a reasonable amount before the appeal.

It is likely that the amount for medical expenses will not be reduced.

The plaintiff’s attorney was R. Brent Wisner, Esq. of Baum Hedlund Aristei Goldman.

$80 Million Award to Truck Driver Told to Keep Driving

The driver, Lauro Lozano claimed his employer made him enter false information in his truck driver’s logbook to make it look like he rested for the required amount of time when he did not.

Instead of resting, he just returned to Texas from a trip when he was told to take another shipment from Texas to Maryland.

He sustained a traumatic brain injury, crushed pelvis, crushed left foot and broken ribs when he fell asleep in his truck in another tractor-trailer on the way to Maryland.

The jury awarded Lozano $5 million in compensatory damages and $75 million in exemplary damages. 

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Man Paralyzed in Bicycle Accident Gets $20M Settlement

Congratulations to Tom Schultz and Deborah Chang attorneys at Panish Shea & Boyle LLP and Richard L. Duquette of the Law Firm of Richard L. Duquette for obtaining a $20 million settlement for a bicyclist who became a quadriplegic and his wife.

The plaintiff was riding his bicycle when he fell into a narrow trench that that was cut across the bicycle lane. Although construction workers knew they created a dangerous trap for bicyclists, they failed to place proper warnings or post someone to warn bicyclists. The trench was not visible to bicyclists in the morning due to the angle of the sun.

The plaintiff Sheng “Sam” Du, was a 52-year-old Software Architectural Manager at Verizon. The bicycle accident occurred in the city of San Diego, California.

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Jury awards $110 Million to Bicyclist

A bicyclist, Robert Liciaga, age 26, was compensated by a Brooklyn, NY jury with a verdict of $110,174,972.38.

The plaintiff was seriously injured when NYC Transit Authority workers working on an elevated subway train track dropped a large beam on the bicyclist as he was riding his bicycle underneath. A worker directed him to ride underneath the track replacement work going on above his head.

The plaintiff literally never knew what hit him. He woke up in the hospital to find out that he was a paraplegic and lost his bowel, bladder, and sexual function.

Expert witnesses presented evidence at trial that the cost to care for Liciaga at a nursing facility for the remainder of his life is $40 million. The jury also provided nearly $10 million for the past three years of medical expenses and $60 million for pain and suffering.

Of course, the defense attorneys for New York City Transit said they will appeal the verdict as “grossly excessive”. We hope the jury’s verdict is not settled and that the plaintiff’s attorneys let the appellate division determine the proper verdict which could be as much as $50 Million.

 

How Much Are 8 Broken Ribs Worth? Milk Money

Elvina Pereira, a customer at a feed store, was invited to view the feed store’s pet black Angus cow, which had recently given birth to two calves. But as the employee approached the calves, the cow charged at the customer breaking 8 ribs, two of which were displaced.

She spent two days in intensive care at Stanford Medical Center and also claimed neck and back pain

According to The Mercury News, a jury awarded Pereira $114,600 for past medical bills, $1.3 million for future medical expenses, $250,000 for past pain and suffering, and $750,000 for future pain and suffering for a total of $2,452,825.

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$10.4 Million Ankle Injury Jury Verdict Upheld on Appeal

The New York Appellate Division mostly upheld a 2017 jury multi-million dollar verdict in the Bronx for an ankle injury slightly reducing it to $10.4 million.

The plaintiff was a woman in her early 30s when she fell down a flight of stairs injuring her ankle and legs.

In the case, AMINATA KROMAH v 2265 DAVIDSON REALTY LLC AND LANGSAM PROPERTY SERVICES CORP., the trial jury found that the property manager failed to maintain the stairs in proper condition.

The jury awarded the plaintiff $6.1 million for pain and suffering which was a record verdict at the time for an ankle injury. The Appellate Division upheld the pain-and-suffering award. The additional money was awarded for medical care.

The defense argued that the award was not reasonable compensation for pain and suffering and also objected to the award for future medical expenses because there was no evidence the plaintiff would need some of the medical treatment claimed.

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$52.5 Million Jury Verdict Awarded to Bicyclist

Congratulations to Stuart Mann, Esq. and the law firm of Mann & Maximon in Boulder Colorado for obtaining what has been reported as the largest jury verdict in Colorado state history.

A Denver bicyclist, Gary Suydam age 53, was riding his bicycle home from work when he was struck by an oncoming car making a left turn. Left turn accidents where the car is making a left turn and hits a bicycle or motorcycle are common.

After being hit by the first car, Gary Suydam was struck again by another car. luckily, he survived but unfortunately he was paralyzed. Articles about the case do not indicate whether Gary Suydam is a paraplegic or quadriplegic but judging from the size of the jury verdict and his age, it is likely that he is a quadriplegic.

This is an unusually interesting case in personal injury law with the question of whether a defendant driver was working at the time of the accident and was working within the scope of the defendant’s employment.

If the driver was working within the scope of the defendant’s employment, the employer’s large insurance policy and assets can be used to satisfy the huge multi-million dollar jury verdict.

The jury apparently found that the defendant was working within the scope of employment and therefore the employer is liable to pay the $52.5 million jury verdict.

Of course, the jury verdict will be appealed and will likely be appealed on at least two issues, whether the defendant was operating within the scope of employment and that the jury verdict was excessive. This was a great job by Attorney Stuart Mann and will likely result in a lot of money for his deserving client.

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Can Dental Injuries Be Worth $1 Million?

They can when dental injuries are in addition to more serious injuries.

A man who was injured in a bicycle accident on La Jolla Shores Drive, San Diego, California sued the city of San Diego alleging that while bicycling he hit a pothole in the roadway causing his injuries.

The case, Thomas Dorsey v. City of San Diego was settled for $1 million. It wasn’t reported exactly how extensive the injuries were.

What’s interesting with this million-dollar settlement is exactly that. It wasn’t an abnormally high jury verdict but a negotiated settlement with the city of San Diego which resulted in $1 million for the injuries.

Cities have virtually unlimited resources to defend personal injury lawsuits and are usually known for offering love settlements were going to trial. Since this was a settlement with a city, it goes to show that they recognized fault for causing the accident and the seriousness of the injuries.

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$41 Million Vaginal Mesh Verdict

January 31, 2019 – A jury awarded a $41 million verdict against vaginal mesh manufacturer Ethicon, and its corporate parent, Johnson & Johnson for a vaginal mesh injury to a 57-year-old Pennsylvania woman and her husband. The verdict included $25 million in punitive damages. This means that the jury found that the woman had $16 million in damages.

The lawsuit alleged that the implanted vaginal mesh had a high failure rate and also caused permanent injuries to other women. There have been so many women with vaginal mesh injuries that there are 37,400 lawsuits against Johnson & Johnson.

Also alleged was that Johnson & Johnson did not disclose information about the failure rate either publicly or to the FDA which the plaintiff had a right to know about.

Of course, Johnson & Johnson will appeal the verdict both on the grounds that the jury could not have come to the conclusion that they did and that the amount of the verdict was excessive.

The plaintiff’s attorneys were Tom Kline and Kila Baldwin, of Kline & Specter. The law firm previously won a $57.1 million verdict against Ethicon in September 2017 for a vaginal mesh injury case.

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