Truck Accident Case
In 2006, Fred Blagg was killed by a reckless truck driver for Shale Tank
Truck. The truck driver made a conscious decision to cross the double-yellow
line and drive an 80,000 pound tanker truck into the lane of oncoming
traffic. In an effort to avoid the 80,000 pounds of steel coming straight
toward him, Mr. Blagg drove his vehicle into the bar ditch on the side
of his lane of travel. Nevertheless, the tanker truck chased Mr. Blagg's
truck down into the bar ditch where the two trucks collided. Mr. Blagg
died several hours later.
Mr. Blagg was a two-time veteran of the Iraq War. He was honorably discharged
from the military in 2005 and took a job with Schlumberger so that he
could spend more time with the loves of his life-his twin girls, Hannah
and Haelee (ages seven years old at the time).
On behalf of Mr. Blagg's twin daughters and his mother, Gresham filed
a lawsuit against the truck driver and his employer, Shale. The lawsuit
alleged that Shale failed to properly hire, screen and retain qualified
and competent truck drivers, including Kirkpatrick, and failed to perform
an appropriate background check of Kirkpatrick. Had Shale done a proper
background check, its director of safety testified that Kirkpatrick would
have never been hired because of his criminal background and unsatisfactory
driving history. Unfortunately, no one at Shale bothered to properly screen
Kirkpatrick before he was turned loose behind the wheel of an 80,000 pound
The firm's experienced truck wreck lawyer was able to deftly navigate
the complexities of this case and effectively prove negligence on the
part of both Kirkpatrick and Shale Tank Truck. As a result, a confidential
settlement was reached, wherein the family received an amount to cover
pain and suffering and lost future wages.
Read more about the truck accident in the
"Click Fraud" Class Action Settlement
Case: Lane's Gifts and Collectibles, LLC, et al. v. Google, Inc., et al.,
Case No. CV-2005-52-1 in the Circuit Court of Miller County, Arkansas
Attorney R. Dean Gresham recently served as co-lead class counsel in a
"click fraud" case against defendants Yahoo, Overture Services
Inc., Time Warner, America Online, Netscape Communications Corp., Ask
Jeeves Inc., Go.com, Google, Lycos Inc., Looksmart Ltd. and Findwhat.com-all
of which are Internet search engines or provide web search capabilities.
In the case, it was alleged that the defendants were overcharging for
pay per click advertising and fraudulently charging for advertising that
was not generated by consumer clicks.
According to the original complaint:
"This is an industry-wide conspiracy in which all search engines have
worked together to develop and/or create a market which allows for over-billing
and/or overcharging of businesses and/or entities which purchase online
pay per click advertising."
Upon filing for the case, two of the defendants removed the case to federal
court; however, it was remanded by U.S. District Judge Harry F. Barnes.
The defendants then petitioned to remain to the Eighth Circuit Court of
Appeals; however, that action was denied and the case was again sent back
to Miller County Circuit Court. Throughout the case, all defendants filed
motions to have the case dismissed.
To allow discovery to proceed, the court entered a protective order, which
was appealed by the defendants. It, however, was approved. The defendants
also sent a substantial amount of discovery requests to plaintiff's
counsel-in some cases including more than 70 interrogatories and 70 requests
for production of documents.
Negligence - Personal Injury Case
Case: Crawford vs. Christus St. Joseph's Medical Center
Clara Crawford was admitted to the Christus St. Joseph's Medical Center,
and assigned as a patient to Dr. David H. Taylor, with little choice in
the matter. Unfortunately, the personal injuries sustained by Ms. Crawford
from that point forward were foreseeable, predictable and preventable,
and flowed directly from David H. Taylor, M.D.'s substandard and negligent
Ms. Crawford's personal injuries were a direct result from unnecessary
medical procedures by Dr. Taylor, including performing an ERCP and precut
papillotomy. Her injuries in the procedures resulted in multiple perforations
of her common bile duct and duodenum. Beyond her physical suffering and
her financial burdens, Ms. Crawford also spent almost an entire year bed
bound in a hospital.
The personal injury attorney carefully examined the facts in Ms. Crawford's
case and was astounded to find the medical and employment history of Dr.
Taylor, which included dozens of reports from fellow doctors, nurses and
patients citing Taylor as:
- performing unnecessary and sometimes lethal procedures
- lying to patients to receive informed consent
- repeatedly deviating from the proper standard of care
Dr. Taylor also failed to disclose to the Christus St. Joseph's Medical
Center that he had previously lost his medical practicing privileges at
another hospital in Arkansas for many of the same faults involved in Clara
Crawford's case. Compounding matters further, even after the Christus
St. Joseph's Medical Center uncovered the facts of his past employment,
they failed to immediately dismiss Dr. Taylor from practicing at the hospital.
Instead they extended his credentials for another year.
After clearly outlining Dr. Taylor's history and the incidences of
negligence visited upon Mrs. Crawford by Dr. Taylor and Christus St. Joseph's
Medical Center, the lawsuit was resolved for a confidential amount.
Truck Wreck Case
Confidential Amount -
Tractor-Trailer Crosses Median, Strikes Pickup / SUV
Case: Contreras vs. KV Trucking
On Monday, September 20, 2004, Joel Mendoza Ruiz, Hector Zapata Ruiz, Marcos
Esparza Esparza, German Esparza Velasquez, Candelario Esparza and Javier
Esparza were passengers in a Ford pickup driven by Manuel Esparza, traveling
southbound on U.S. Highway 75 outside Sherman, Texas. The gentlemen were
returning home from work after having spent the day on a roofing job in
Sherman, Texas. At or about the same time, Miroslaw Janusz Jozwiak was
operating a 1999 Freightliner tractor and pulling a 1997 Trailmobile 53-foot
trailer in the right lane of northbound U.S. Highway 75.
Jozwiak's tractor-trailer, suddenly, left the right northbound lane
in which he was traveling, crossed over the left northbound lane, veered
across the grassy median into oncoming traffic in the southbound lanes
of Highway 75, and struck the vehicle driven by Esparza.
Manuel Esparza, Joel Mendoza Ruiz, Hector Zapata Ruiz, Marcos Esparza,
German Esparza Velasquez all died as a result. Candelario Esparza and
Javier Esparza survived, but sustained permanent catastrophic injuries.
Following the wreck, Defendant Jozwiak sought to conceal certain personal
effects. Investigators eventually recovered medications from Jozwiak's
briefcase which indicate he may have been intoxicated or incapacitated
and not capable of responsibly operating his vehicle. Further, Jozwiak
suffered from a mental disorder.
Investigators also determined that the tractor-trailer's brakes were
grossly out of adjustment and in a severe state of disrepair.
Defendant Jozwiak was charged with multiple counts of criminally negligent
homicide on September 21, 2004.
During the course of this case, the truck wreck attorney diligently investigated
all details and unearthed the facts that resulted in substantial compensation
for the victims and their families.
Read more about the truck accident in the
Medical Negligence Case
Just Compensation Recovered -
Case: Hall vs. Crest, Lone Star HMA,
Jadon Hall was born on February 14, 2002. On February 18, 2003, he was
admitted to Mesquite Community Hospital (“MCH”) for day surgery
to remove his adenoids and insert tubes in his ears. During the procedure,
Jadon suffered complications that deprived him of oxygen. Because of the
seriousness of Jadon’s complications, he was transferred to Children’s’
Medical Center (“CMC”), where he suffered additional oxygen
depravation during treatment. As a result of medical negligence throughout
this process, Jadon suffered permanent brain damage.
Jadon, a once exuberant and thriving toddler, had to try to learn to walk,
talk and feed himself all over again. However, his injury left him unable
to return to his former self and permanently affected his vision. The
Halls are unsure of how much his cognitive develo pment has been affected
by the injury, but an MRI scan clearly shows the damage done to his brain.
The brain injury attorney reviewed the facts of the Hall’s case and
diligently investigated the sequence of events that caused this tragedy.
They found that during the procedure, anesthesia was to be provided by
Jonathan Leonard Chrest, M.D., P.A. The Hall’s signed a consent
form specifically indicating that the anesthetist would be Dr. Chrest
or one of his associates, all of whom were “credentialed to provide
anesthesia services.” Nevertheless, the vast majority of Jadon’s
anesthesia was administered by a non-credentialed student nurse. Had the
Halls known that Jadon’s anesthesia would be performed by a student
nurse anesthetist, they would not have consented to the procedure.
Further research by the brain injury attorney, revealed that Jadon suffered
a laryngospasm, or an involuntary muscular contraction of the laryngeal
cords that makes it almost impossible to breath in. This is a well known
complication from anesthesia and is treated by hyperextending the patient's
neck and administering assisted ventilation with 100% oxygen. In this
case, nurses responded to Jadon’s condition, rather than the doctor
performing the procedure, Gerald D. Friedman, D.O.
Based on this research, the Halls made their case, asserting causes of
action for fraud, assault and battery, medical negligence, negligence
per se, and breach of contract. If the medical staff involved in Jadon’s
procedure had followed their own processes and abided by the consent forms
signed by the Halls, Jadon would not have suffered permanent brain damage.
Catastrophic Workplace Injury Case
Substantial Settlement Attained -
Workplace Injury Attorney Uncover Deception & Bring Justice to Injured Worker
vs. Aircraft Tooling Incorporated
Jeremy Jackson worked for Aircraft Tooling, a company that refurbishes
airplane parts. Jeremy’s primary job duty was to spray aircraft
parts with tungsten carbide cobalt using a flame sprayer HVOF gun. The
lawsuit alleged that Jeremy’s employer did not provide him with
any training on the toxic cobalt that he was exposed to for hours each
day nor did they provide him with appropriate protective gear or an airline
Over time, Jeremy’s health deteriorated. He had chest pains, coughing
fits, and shortness of breath. After three years working in this position,
Jeremy was diagnosed with hard metal lung disease. This disease is most
commonly related to concentrations of cobalt in the lungs and is even
referred to as “cobalt lung.” His lung capacity was diminished
to 32% and he had lost thirty pounds. Doctors informed Jeremy that the
only way he was going to survive was to have a double lung transplant.
In 2003, at the age of 26, Jeremy had to have this serious operation to
save his life. Since work was the only place where Jeremy was exposed
to any form of cobalt, he knew that his job had caused his condition,
and that this was a workplace injury.
Aircraft Tooling denied there were any health risks or problems with their
processes, training, protective equi pment, or facilities. The lawsuit
alleged that they coerced employees into signing release forms and misrepresented
OSHA inspection reports. All of these measures were to cover up any responsibility
for Jeremy’s condition.
The workplace injury attorney worked relentlessly to bring justice to Jeremy
Jackson. They spared no expense tracking down facts that highlighted discrepancies
in statements made by employees and the management team at Aircraft Tooling.
Their expert investigative and legal skills secured a substantial settlement
for their client that covered his medical expenses, and replaced the income
he had lost as a result of this devastating condition.
Brain Injury Case
Confidential Settlement Amount -
Truck Wreck Lawyer Find Justice for Accident Victim
Case: Kellum vs. Allied Van Lines
Libby Kellum suffered a traumatic brain injury as the result of a truck
wreck on January 13, 2006. Ms. Kellum, a recent college graduate, was
heading north bound on US 75 north of Dallas. An orange Allied Vans Freightliner,
driven by Enesi Akauola, swerved into her lane and when Kellum took evasive
action to avoid being struck, her car was hit by Mr. Popejoy, a known
reckless driver with a history of alcohol abuse, driving a blue Freightliner
owned and maintained by Gordon Sevig Trucking Company, Inc. (GSTC). A
reasonably prudent driver would have been able to avoid colliding with
Ms. Kellum's vehicle.
Libby was immediately taken by helicopter to Parkland hospital and her
parents were contacted with the devastating news. Libby spent several
weeks in a coma, several more weeks in rehab and was released to her family
to adapt to her new life. A once athletic and bright girl, Libby lost
her coordination and physical confidence to participate in many sports.
Her injury also affected her mental faculties. She was extremely indecisive,
no longer able to read and comprehend a simple book, struggled to organize
and plan daily life, and struggled to remember appointments. Her parents
recognized that she would never be the same person that she was before
the accident, and that she may never be able to get a job and be self
During the course of the case investigation, the truck wreck attorney uncovered
major issues with Mr. Popejoy's driving record, including citations
for several DWIs, reckless driving, driving on the wrong side of the road
and improper passing. Further investigation revealed that the GSTC did
not perform a background check; a clear violation of federal law.
The firm's truck wreck attorney worked diligently to accurately document
all the facts in this case and prove the negligence of Mr. Popejoy and
the gross negligence of GSTC. As a result, Gresham and Mr. Popejoy and
GSTC entered into a confidential settlement.
Burn Injury Case
Confidential Settlement -
Compensation Secured for Woman Burned Over 85% of Body in Natural Gas Well Fire
In 2002, Brower Oil & Gas Co., Inc. successfully drilled the oil and
gas well known as Kirby Draw 1-4. Brower hired Derek Kelley to work as
a pumper—a person that performs routine maintenance at a well site.
In November, 2002, L&L Production Services, Inc. installed a wooden
building over the dehydration unit (dehy) at Kirby Draw 1-4, which fully
enclosed the flame arrestor and fire tube. In 2005, NATCO was hired by
Brower to perform various maintenance work on the unit. As the experts
in Dehy design and maintenance, NATCO was involved for the next two years
working inside the Building, placed over the Dehy by L&L.
On June 26, 2007, the dehy unit caught fire while Shannon Kelley was in
the building. Shannon was trapped inside and had to pass through flames
to reach the only exit door to safety. Shannon made it out of the building
alive and managed to get a call out to 911. Shannon was taken by air transport
from Riverton, Wyoming to Denver, Colorado with an 85% full thickness
total body surface area burn. Shannon had a 122% chance of dying when
she reached the University of Colorado Burn Center. She was kept in a
drug induced coma for more than six months with continued sedation for
another two months, underwent 49 surgical procedures. She is dependent
upon others for her most basic human needs— preparing food, walking,
eating, getting dressed, and going to the bathroom.
The burn injury attorney thoroughly reviewed Mrs. Kelley’s case and
identified several counts of negligence on the part of both L&L and
Brower. L&L created a "permit required confined space" by
placing the building over the dehy as it had limited entry and exit, had
the potential for a hazardous atmosphere, and was not intended for continuous
work. According to OSHA, "permit required confined spaces" pose
an extreme risk that the occupant can be suffocated by a toxic substance
or engulfed in flames
When servicing the Dehy, NATCO did recognize the Building as a serious
safety hazard and recognized that the Building had the potential to: (1)
engulf (2) asphyxiate and/or (3) trap an entrant. Notably, NATCO recognized
the extremely dangerous nature of the Building on its first visit to the
well site and knew it was a ticking time-bomb, but did nothing to correct
the problem or warn anyone of the latent danger. NATCO knew of the extreme
danger posed by the building and never informed Brower or Shannon. During
deposition, NATCO indicated it was not a question of “if”
someone got hurt, just a question of when.
The burn injury attorney used all available resource, from family interviews
and depositions to animations to document the sequence of events that
were responsible for the accident. The lawsuit was resolved for a confidential amount.
Confidential Settlement -
Dean Gresham Resolves largest Vehicular. Manslaughter Case in Texas History
Involving The Deaths Of 10 Persons and Significant Injuries to the Two
Survivors Hit by 18-Wheeler
Joel Mendoza Ruiz, Hector Zapata Ruiz, Marcos Esparza Esparza, German Esparza
Velasquez, Candelario Esparza and Javier Esparza were passengers in a
Ford pickup driven by Manuel Esparza, traveling southbound on U.S. Highway
75 outside Sherman, Texas. The gentlemen were returning home from work
after having spent the day on a roofing job in Sherman, Texas. At or about
the same time, Miroslaw Janusz Jozwiak was operating a 1999 Freightliner
tractor and pulling a Trail mobile 53-foot trailer in the right lane of
northbound U.S. Highway 75.
Confidential Settlement -
Andy Payne and Dean Gresham Resolve a South Texas 18-Wheeler Case
A trucking company refused to follow Federal Regulations and a driver was
working more hours than allowed by Federal law. PayneMitchell's efforts
revealed the outrageous conduct of the trucking company, and their medical
team was able to show how that conduct had a huge impact on their clients'
lives. The case settled for a significant confidential sum.