7 Mistakes That Ruin Personal Injury Cases
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LIFE CHANGING RESULTS
LIFE CHANGING RESULTS
Marchand v. Mercy Medical Center, 22 F.3d 933 (9th Cir. 1994) Charlie Hepworth obtained a $4.2 million damages award for the client hurt by acts at the hospital after an on the job injury. In addition, the firm recovered costs and fees which is very unusual for a medical malpractice action.
Miller et. al v. Larry R. Halbert and BSR Ventures, LLC, d/b/a Advanced Heating & Cooling., Fourth District, Ada County CV01-18-06622 (2020). HVAC installer Halbert caused a collision after drinking with a blood alcohol content in excess of .25 killing Cheryl Miller the seventy year old mother of four adult daughters. Halbert had seven prior DUI convictions including 2 felony DUI convictions prior to being hired by Advanced Heating. The case settled with a court judgment of $5,000,000.00 being entered in favor of the four daughters and against Halbert and his company.
Weatherly v. Cruz, MASSV Music Festival 2012, MASSV Holdings LLC, City of Ketchum, Werry and Casino Inc., Fifth District, Blaine County CV-2014-346 (2016). Off-duty police officer suffered life changing injuries when a drunken concert goer fell off a building and onto his head at a live music performance. The client could never return to work as an active law enforcement officer. In a complex multi-faceted case, the firm was able reach a confidential resolution that allowed the long-time officer, army veteran and his family to get a fresh start on life.
Hernandez v. Giltner Trucking LLC and Weaver, Fifth District, Twin Falls County CV-14-4313 (2016). In the early morning hours a commercial milk truck driver ran a stop sign in rural Twin Falls County. He hit a passing pickup and killed a wife and mother of 8. Her two sons in the truck also suffered injuries in the wreck. The case was dismissed for defendants’ payment of $1,992,500.
Chadwick v. Jomax Construction Co. Inc., and Frost, District Court, Burleigh County North Dakota 4:13-cv-145 (2015). Defendant’s HazMat fueling truck illegally pulled out onto the highway causing a high speed collision with the semi-truck driven by Mr. Chadwick. Our client, who was a multiple times convicted felon committed to getting his life back by recommitting to his LDS faith after multiple brushes with the law and substance abuse, suffered severe injuries to his hips, legs and head. After many months of rehabilitative care, our client passed as a result of the after-effects of his injuries. The defendants paid $1,250,000 in damages to his wife and children.
Myers v. Garshelis, Lambert Construction, Fourth District, Ada County CVOC-1318617 (2014). Driver chose to run from police instead of allowing himself to be pulled over. In his effort to escape he lost control of his truck killing himself and causing a spinal cord injury to the passenger. The case resolved for payment of the policy limits of $3,000,000 for the benefit of the passenger and establishment of a Special Needs Trust.
Dragt v. Franks and TK Transportation, Fifth District, Twin Falls County CV-12-3521 (2014). Stopped in traffic, waiting for the car ahead of him to turn from the highway, our client suffered hip, back and leg injuries when rear-ended by a tractor trailer negligently driven by Franks. Defendants were required to pay $967,000 for injuries inflicted to the plaintiff.
Reitan v. Selective Insurance, Fourth District, Ada County CVOC-1314015 (2013). Accomplished triathlete on his bicycle was struck by a dry cleaners delivery truck that turned left and directly into him. The (unfair) Idaho non-economic damages cap applied and limited plaintiff’s recovery and our client received 100% of the damages allowed by law under the circumstances.
Phillips v. Erhart, 151 Idaho 100, 254 P.3d 1 (2011) , Fourth District, Ada County. An unwitnessed fall down a stairway left plaintiff with a mild Traumatic Brain Injury. Plaintiff had no memory of the fall or what caused it. We obtained a total jury award of $1,664,374.00
Olson v. JB Sports Bar and Grill , Fourth District, Ada County. Kurt served as trial counsel in this multiple death liquor liability case tried to verdict in 1999. The case involved the wrongful death of an elderly couple and resulted in a $2.9 million dollar verdict against the defendant bikini bar and the defendant drunk driver. This is, by far, the largest dram shop verdict in Idaho history.
Ratliff v. Shanholtz, Enterprise Rent-a-car, et. al., Fourth District, Ada County CVOC 1403508 (2014). Driver in course and scope of employment made an illegal left turn across three traffic lanes resulting in a relatively high speed impact. The crash caused chest and neck injuries resulting in a 2-level fusion surgery and extensive rehab with permanent loss of function for this self-employed business owner. Case resolved with Defendants paying $430,000.
Gonzalez v. Thacker, 148 Idaho 879, 231 P.3d 524 (2009) , Docket No. 34534 (Id. Sup. Ct. 2009). We obtained a ruling from the Idaho Supreme Court on Idaho Code section 12-120(4) that rejected the conclusions of an earlier Idaho Supreme Court case interpreting the statute in a way that unfairly protected insurance companies. The case reversed the District Court Judge’s ruling.
Parsons v. Mutual of Enumclaw. Ins. Co. , 143 Idaho 743, 152 P.3d 614 (2007). Kurt Holzer obtained a ruling from the Idaho Supreme Court confirming that in cases against insurance companies for failure to timely pay benefits to their insureds, it is appropriate for the district court to award attorneys fees based on a contingent fee contract. The case affirmed the District Court Judge’s ruling.
Torres v. Gordon Trucking, 95-cv-00460-S-MHW (D. Idaho 1997). Kurt served on the trial team that recovered 1.6 million in compensatory damages for the parents of an 18 year-old boy killed by the driver of the trucking company. The jury also awarded one quarter million dollars in punitive damages because of the companies extreme deviation from reasonable safety standards.