Our client was a Canadian truck driver who delivered a load to the General Motors plant in Spring Hill, Tennessee. While outside of the loading docks at the facility, he saw another truck driver that he knew and the two began talking. The other truck driver was getting ready to leave the plant but needed to back his truck up to connect to his trailer. Our client offered to help his friend by removing the jack stand holding up the trailer, so that the other driver could back his truck up under the trailer. Unfortunately, the other driver did not wait for our client to get clear before backing up and proceeded to back up anyway resulting in our client being crushed between the truck and trailer. Our client suffered severe crush injuries including multiple pelvic fractures. The truck company refused to settle, so together with the law firm that originally had the case, we took the case to trial in April of 2018. After the week long trial, the jury returned a verdict for over $3.4 Million. Because the jury also found that our client was 29% at fault for the incident, the raw verdict was reduced to just over $2.4 Million. It is one of the 3 largest jury verdicts ever awarded in Maury County. Filip Miler vs. Transit Logistics Solutions, Inc., Maury Co. Circuit Case No: 15313.
Our client was a welder at a steel mill in Arkansas. He suffered a fall into a deep pit left exposed by another contractor when the floor plates covering the pit were removed. At the time, the plant was shutdown and all of the overhead lighting was off. Through the use of experts, we determined that the team of contractors who exposed the open pit violated multiple OSHA regulations and internal safety policies. Our client suffered significant injuries, including broken bones, collapsed lungs, and torn shoulder ligaments. The lawsuit was filed in state court in Shelby County, Tennessee. The case resolved at mediation for $600,000 plus a waiver of the workers compensation subrogation lien of over $250,000 for a total value to our client for over $800,000. Shelby County Circuit Court No. CT-002149-15.
This case arose out of a motor vehicle wreck and an auto insurance company’s improper denial of coverage on a $50,000 liability insurance policy. Our client was hit by a negligent driver in Bedford County, Tennessee ultimately resulting in an amputation of her leg. The young girl who hit our client was covered under her parent automobile liability insurance policy, but the insurance company denied coverage based on an exclusion in the policy. Because the at-fault driver was not defended by the insurance company, we took a default judgment against her for $1,000,000. After the judgment, our client and the family of the at-fault driver joined forces and sued the insurance company for denying the claim in bad faith and for violating the Tennessee Consumer Protection Act. Throughout the case, the insurance company denied any wrongdoing. A Maury County jury disagreed and found that the insurance company acted in bad faith and assessed punitive damages. The court awarded a total judgment to our clients for over $4,000,000.00. The insurer still denied any wrongdoing and appealed to the Tennessee Court of Appeals. The Court of Appeals affirmed the jury’s findings, but reduced the amount of the judgment to approximately $1,500,000. The insurance company paid the amounts owed shortly after the Court of Appeals issued its opinion.
This case involved an emergency room doctor’s failure to diagnose a condition known as testicular torsion in a teenage boy. Our experts testified that had the ER doctor properly diagnosed the problem, the condition would’ve likely been reversible and the young man would’ve recovered without any complications. However, as a result of the failure to diagnose the condition, our client lost the testicle. The defendant denied any fault throughout the litigation. The case was settled during trial on a confidential amount.
Our client presented to the emergency room with symptoms consistent with an allergic reaction. The emergency room doctor correctly ordered an epinephrine injection subcutaneously to counteract the allergic reaction. The nurse who gave out client the injection incorrectly administered the medication intravenously (in her vein) resulting in cardiovascular injury and severe strain to our client’s heart. As a result, our client suffered permanent cardiac damage as well as severe post-traumatic stress. Because of the medication error, our client will require medication to manage her cardiac issues for the rest of her life. After taking depositions, the case resolved for a confidential amount.
We represented the family of man who was killed when his commercial riding lawnmower turned over pinning him underneath and causing his death. Through the use of multiple experts we determined that this design of mower was defective because it was not equipped with a rollover protection system (ROPS), despite the fact that the manufacturer commonly used such protective equipment on similar models. The case was filed in federal court in Tennessee. The case was resolved at mediation for a confidential amount.
We represented the family of an elderly woman who was admitted to a nursing home for care and treatment of persistent weakness, confusion, and complications arising from a severe urinary tract infection. On her second day in the facility, she suffered a fall resulting in broken hip and other trauma ultimately leading to her death. We pursued a claim against the nursing home because it failed to properly assess the resident’s fall risk and failed to implement appropriate and necessary fall precautions, which would’ve likely prevented the fall and saved her life. The case was resolved at mediation for a confidential amount.
We represented the family of a loving eighty-four year old woman whose primary care doctor failed to refer her for a urological evaluation for potential bladder cancer, despite numerous abnormal tests. Through our experts, we were able to show that the defendant doctor violated the standard of care by not referring the patient to a specialist for further evaluation. Our expert oncologist established that had the appropriate referral been made by the Defendant, the patient’s cancer would’ve been detected in time to save her life. The case resolved at mediation for a confidential amount.
We represented the family and daughters of a 85 year old nursing home resident. Our clients’ had a tremendously close relationship with their mother, who despite her age was a very active nursing home resident. Testimony revealed that of the three daughters, at least one of them would visit with their mother at least 3 hours everyday. In 2015, nursing staff at the Columbia, Tennessee nursing home committed a medication error that ultimately cost her life. The medication error occurred when nursing staff mistakenly believed that the resident’s Fentanyl narcotic pain patch had fallen off. Under this mistaken belief, they applied a second Fentanyl patch. The nurses were under a duty to contact the resident’s treating physician before placing another Fentanyl patch, but investigation revealed that they failed to do so, despite medical records indicating they did. Our research revealed that Fentanyl is one of the strongest narcotic pain medications in existence and can be deadly when not used properly. Fentanyl is over 50 times stronger than morphine. As a result of this Fentanyl overdose, our client became unresponsive and suffered severe respiratory depression, which caused her to develop aspirational pneumonia and ultimately death. Because the nursing denied any wrongdoing, we were forced to litigate the case. We retained multiple experts and took numerous depositions. We took the deposition of the nurse who applied the fatal Fentanyl patch and admitted to incorrectly charting that a doctor gave the order. The resulted in a Confidential Settlement shortly thereafter.
We represented a husband and wife who were riding their motorcycle in Lawrence County, Tennessee when a careless driver pulled into their path of travel causing a violent collision and severe injuries to both. The case resolved during litigation for all the applicable insurance policy limits.
We represented a husband and wife who were walking to their car after a festival in Lewisburg, Tennessee when they were struck by a careless driver. Initially, the insurance company for the driver denied fault and alleged that our clients were at fault for walking in the middle of the road. We filed suit against the at-fault driver and sent our investigators out to questions possible witnesses. During the case, we discovered several eye witnesses who confirmed our clients’ side of the story and testified that the defendant driver was going an excessive speed. The case resolved shortly thereafter for the applicable insurance policy limits of $300,000.
We represented a law enforcement officer who was driving along Highway 43 in Lawrence County, Tennessee when a driver in the opposite lane lost control of his vehicle and struck our client head on. As a result of the wreck, our client suffered a traumatic brain injury, which forced him to retire early. Because our client was on the job at the time of the wreck, we pursued both a workers compensation claim and a negligence claim against the at fault driver. We were able to recover the liability insurance limits and workers compensation benefits for a combined amount of over $475,000 in addition to payment of all of his medical expenses.
We represented the surviving spouse of man who worked at a Middle Tennessee chemical plant for several decades. During his work over the years, he was routinely exposed to a then commonly used chemical known as benzene. After his retirement, he was diagnosed with a type of leukemia known as myelodysplactic syndrome (MDS) which is a known hazard of benzene exposure. Unfortunately, his workplace exposure to this chemical ultimately cost him his life. Through litigation, the use of experts, and the testimony of the worker’s treating physicians, we were able to prove that his leukemia was caused by his exposure to benzene in the workplace. Prior to the start of trial, the insurance company for the chemical plant agreed to pay the benefits available under the workers compensation laws, which amounted to over $260,000.
We represented the family of a husband and wife who were riding their motorcycle in Lawrenceburg, Tennessee when they were struck from behind by a careless driver who was allegedly texting while driving. Because of the speed the at-fault driver was going and the severity of the impact, both victims died in the wreck. We filed suit for the family and worked with the authorities to share evidence so that the at-fault driver was charged criminally. Following the driver’s plea agreement in criminal court, the civil case was resolved for payment of all available insurance policy limits.
We represented a middle-aged man who underwent bilateral hip replacement. The hip replacement hardware implemented was a metal-on-metal design that was later discovered to have multiple design flaws and defects. As a result of the device’s defects, our client had to undergo additional revision surgeries and medical treatment. We filed suit in federal court against the manufacturer of the product. After filing suit, our case was consolidated with multiple other cases in a multidistrict litigation (MDL). The case was settled with the manufacturer during litigation for over $500,000.
We represented the family of a man who contracted bladder cancer and passed away as the result of long-term use of a commonly used diabetes drug. After taking the drug for several years, medical studies discovered that repeated use of this prescription drug significantly increased the risk bladder cancer. It was later discovered that the drug’s manufacturer was aware, through their own confidential medical studies, that bladder cancer was a potential side effect of this medication. Despite having this knowledge prior to releasing the drug onto the market, the pharmaceutical company chose not to disclose this side effect and failed to warn consumers that the drug could cause cancer. On behalf of the family, we filed suit in the United States District Court for the Western District of Louisiana asserting that the pharmaceutical company was guilty of negligence, recklessness, and strict liability. The case resolved for over $400,000 after filing the lawsuit.
We represented an orthopedic nurse who was rear-ended by a distracted driver in Maury County, Tennessee. Although she did not suffer any broken bones in the wreck, the force of the impact aggravated and underlying condition in her neck that resulted in a herniated cervical disc requiring surgery. Our client incurred approximately $50,000 in medical bills. We filed suit on behalf of our client in order to subpoena the at-fault driver’s cell phone records and take depositions. The defense argued throughout the case that the plaintiff’s neck condition pre-existed the wreck and was not caused by the Defendant’s carelessness. However, after we took the at-fault driver’s deposition, the defense agreed to settle the case for $150,000.
Our client was injured when a tractor-trailer pulled into his lane of travel causing a violent wreck. The insurance company for the trucking company denied liability throughout the case, despite the truck driver admitting in his deposition that he never saw our client prior to changing lanes. As a result of the wreck, our client suffered a skull fracture and wrist fracture, along with other trauma. Our client incurred medical bills of over $140,000. We filed suit for our client and undertook litigation and use of multiple experts, including a vocational rehabilitation expert and economist to establish our client’s loss or earning capacity. The case settled just prior to trial for $825,000.
This case involved a commercial truck that overturned on the side of the interstate at night. In violation of applicable safety rules, the driver failed to place any type of cones or indicators out to warn other drivers of the wreck. As a result, our client was unable to see the overturned truck and collided with the trailer. Our client suffered catastrophic injuries from the wreck, including paralysis. The insurance company for the defense denied fault throughout the case. The case went to trial before a Maury County jury. While the jury was in deliberations, the parties agreed to settle the case with the remaining Defendant. Total recovery in the case exceeded $1,600,000.
*The results displayed herein are not intended to guarantee or imply similar results in your potential case. The only way to properly evaluate your potential claim is to speak to a competent and experienced injury attorney.