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Pharmacy Negligence & Product Defect – Child Brain Damage
Location: Houston, Texas
A pharmacist at a national chain failed to provide a child-resistant cap for a 4-year-old’s Theophylline prescription. The child accessed the medication causing an overdose and theophylline toxicity and suffered permanent brain damage, requiring 24/7 care. A lawsuit cited violations of the Poison Prevention Packaging Act (15 U.S.C. § 1472) and 16 C.F.R. § 1700.14, which require child-resistant medication packaging. Allegations included pharmacy negligence, product liability, and negligence per se.
The case settled before trial against the drug makers, the pharmacy and the pharmacist for $22.5 million, ensuring lifetime care for the child and accountability for non-compliance with federal child safety packaging laws
Train Accident Causes Death & Traumatic Brain Damage
Location: Ft. Bend County, Texas
A train crew failed to sound its horn at an unmarked railroad crossing, causing a fatal collision with a car carrying teenagers. The crash resulted in one passenger death and another backseat passenger sustaining severe TBI. A lawsuit against the railroad company and crew revealed the train was speeding, failed to blow its horn, and the company’s failure to install proper safety signals. A $25.5 million trial verdict awarded but later settled several months later on appeal for $15 million.
Federal Violations Against the Train Engineer & Brakeman:
Failure to Sound Horn: Federal regulations require locomotive engineers to begin sounding the train horn at least 15 seconds, and no more than 20 seconds, before entering all public grade crossings. (railroads.dot.gov)
Excessive Speed: The train was operating above the maximum authorized speed for its track class, violating 49 C.F.R. Part 213, which establishes track classifications and corresponding speed limits.
Failure to Maintain Proper Lookout: Crew members did not maintain a proper lookout for potential hazards, as required by 49 C.F.R. § 214.329, which mandates that watchmen/lookouts devote full attention to detecting the approach of trains and communicating warnings.
Confidential Settlement – Truck Passing in No-Passing Zone Causes Vehicle Rollover Killing a College Professor
Location: US 77 – Central Texas
A college professor and his wife were driving on US 77 when an 18-wheeler attempted to pass them in a no-passing zone just as they were turning left into a café parking lot. The truck collided with the side of their vehicle, causing a sudden pickup truck rollover. Our client was tragically killed by positional asphyxiation from the roof collapse
An 18-wheeler truck driver attempted to illegally pass our client, in a no-passing zone just as they were turning left into a café parking lot causing the pickup truck to lose control. The truck rolled over off the highway, and the driver was killed when the roof collapsed causing him to die by positional asphyxiation from being trapped and crushed by the roof. . A lawsuit was filed against the truck driver, the trucking company, and Ford Motor Company for product defects related to the vehicle’s structural integrity. The trucking company tendered its entire policy limits, and a substantial settlement was reached with Ford due to the weak roof design.
FMCSA Violations Against Truck Driver:
Failure to Maintain Proper Lookout: The driver failed to exercise adequate surveillance, a critical factor in safe driving, as highlighted by the FMCSA.
Product Liability Lawsuit – Pickup Truck Rollover & Defective Roof – Ford Motor Company
Failure to Meet FMVSS 216 Standards – If testing shows the roof did not withstand the required pressure, the manufacturer may be liable.
Failure to Implement Stronger Roof Support Systems – Some manufacturers refuse to use roll cages or reinforced pillars, which could have prevented injuries
Confidential Settlement – Sleep-Deprived Truck Driver Causes Multi-Vehicle Fatal Crash
Location: US 59, Texas
One early morning, a fatigued semi-truck driver, operating in violation of federal Hours of Service (HOS) regulations, fell asleep behind the wheel and rear-ended the victim’s vehicle, completely running over it. The truck continued forward, crashing into a guardrail and plummeting off a bridge onto Southern Pacific Railroad tracks. The victim was killed instantly, along with the truck driver. The truck’s passenger survived but suffered severe injuries. A wrongful death semi-truck lawsuit was filed in Harris County, Texas, and later settled for the full insurance policy limits.
Violations:
FMCSA §395.3 – HOS Violation (Exceeding Maximum Drive Time)
FMCSA 49 CFR § 392.3 – Fatigued or Ill Driver Operating a commercial vehicle while fatigued, impairing judgment and reaction time.
Lawsuit Allegations: Driver Fatigue, Negligent Hiring, Wrongful Death
Confidential Settlement – Sleep-Deprived Truck Driver Causes Multi-Vehicle Fatal Crash
Location: East Texas
An East Texas truck driver, under the influence of illegal drugs, caused a head-on collision, instantly killing an innocent motorist. A wrongful death lawsuit on behalf of the surviving wife and child uncovered the trucking company’s failure to enforce drug testing regulations and negligent hiring practices. A seven-figure settlement (policy limits) was secured for the victim’s surviving widow, ensuring financial stability after the tragic loss.
FMCSA Violations Against Trucking Company & Driver
Lawsuit Allegations: Negligent Hiring, Failure to Enforce Drug Testing
Confidential Settlement – Mother and Daughter Killed in Fuel Tanker Crash
Location: North of Houston, Texas (Hwy 6)
A mother and her teenage daughter were returning home from a high school sporting event when they were broadsided by a fuel tanker truck. The investigating officer determined that failure to stop at a stop sign causing the crash that killed both victims instantly. A lawsuit was filed against the trucking company and driver for wrongful death. The case was settled out of court, providing compensation for the victims’ surviving family members.
FMCSA Violations in the Lawsuit:
FMCSA 49 CFR § 392.2 – Applicable Operating Rules – Requires commercial truck drivers to comply with all state and local traffic laws, including maintaining proper vigilance while driving.
Lawsuit Allegations: Driver Negligence, Wrongful Death
Chemical Toxic Exposure Death in Chemical Refinery
Location: Beaumont, Texas
A refinery worker suffered prolonged exposure to toxic ethylene oxide while working in a poorly ventilated basement, leading to severe nerve damage and his untimely death. A wrongful death lawsuit filed in Jefferson County uncovered multiple OSHA violations and inadequate safety procedures at the plant. The case settled for $3.52 million, compensating the worker’s surviving wife and daughters and ensuring greater scrutiny of refinery safety standards.
Violations: OSHA §1910.1047 – Failure to Provide Safe Exposure Limits for Ethylene Oxide
Lawsuit Allegations: Employer Negligence, Failure to Provide a Safe Workplace, Failure to Warn
Jackknifed Truck Causes Fatal Underride Crash – Death
Location: Dallas, Texas
A husband and wife were traveling north on US 75 in Dallas during heavy rain when they suddenly encountered a jackknifed cattle truck blocking the inside lane with no lights or warning reflectors. Their vehicle slammed into the rear of the trailer, resulting in a catastrophic underride crash that killed the wife and severely injured the husband. A wrongful death truck accident lawsuit was filed in U.S. Federal District Court in Dallas, citing the truck driver’s negligence for failing to control his vehicle and the lack of an underride guard. The case settled for the full policy limits on the morning of Day 3 of trial.
Violations:
Lawsuit Allegations: Negligent Driving, Failure to Control Vehicle, Lack of Safety Equipment
Confidential Settlement – Oilfield Pipe Truck Load Falls, Causing Fatal Injuries
Location: Outside Victoria, Texas
An improperly loaded 10 ¾” casing pipe fell from an oilfield truck trailer, striking and killing a nearby man. The lawsuit, filed on behalf of the victim’s surviving wife and daughter, revealed that the load was not properly secured according to federal trucking regulations. After key eyewitness depositions, the case was settled out of court, ensuring financial support for the victim’s surviving family.
Violations: FMCSA §393.100 – Failure to Properly Secure Cargo
Lawsuit Allegations: Improper Cargo Securement, Negligent Loading
Confidential Settlement – Shipping Container Falls Off Truck, Causing Rollover Crash
Location: North Loop 610 & I-45 Interchange, Houston, Texas
A 40-foot ocean shipping container detached from a semi-truck & trailer while navigating the US 610 and I-45 interchange, causing a catastrophic truck rollover. The negligence lawsuit uncovered that the container company’s outdated locking mechanisms were worn out and defective, failing to properly secure the heavy load. During trial, expert testimony demonstrated that the defendants failed to maintain their equipment, violating industry safety standards. After a three-day trial in Harris County District Court, the jury ruled in favor of our client, holding the negligent parties accountable. The case was resolved for a confidential settlement, ensuring compensation for our client’s losses.
Violations:
Lawsuit Allegations: Negligent Cargo Securement, Equipment Malfunction, Trucking Safety Violations
Confidential Settlement – Semi-Truck Rear-End Collision Leads to Spinal Injuries
Location: I-45 North, Houston, Texas
A young Houston man was rear-ended by a semi-truck while driving on I-45 North, resulting in severe spinal injuries. He was hospitalized but later died from complications. A truck accident lawsuit was prepared against the trucking company and driver, citing driver inattention and failure to maintain a safe following distance. The suit was resolved out of court after Willis’s written demand was sent to the defendant’s insurance carrier.
Violations:
Lawsuit Allegations: Driver Negligence, Unsafe Speed, Inattentive Driving
Confidential Settlement – Logging Truck Crash Causes Severe Spinal Injuries
Location: East Texas
A logging truck, traveling at excessive speed on a narrow East Texas road, lost control and collided with our client’s vehicle, causing severe spinal injuries. A lawsuit was filed against the truck driver and logging company, citing negligence for failing to control speed and operating on roads unsuitable for large trucks. After extensive litigation, the case was settled out of court, securing financial compensation for the victim’s lifelong medical needs.
Violations:
Lawsuit Allegations: Speeding, Reckless Driving, Improper Truck Route Selection
Confidential Settlement – Jackknifed Truck Causes Fatal Underride Crash
Location: Dallas, Texas
A husband and wife were traveling north on US 75 in Dallas during heavy rain when they encountered a jackknifed cattle truck blocking the inside lane with no lights or warning reflectors. Their vehicle slammed into the rear of the trailer, resulting in a catastrophic underride crash that killed the wife and severely injured the husband. A wrongful death truck accident lawsuit was filed in U.S. Federal District Court in Dallas, citing the truck driver’s negligence for failing to control his vehicle and the lack of an underride guard. The case settled for the full policy limits on the morning of Day 3 of trial.
Violations:
Lawsuit Allegations: Negligent Driving, Failure to Control Vehicle, Lack of Safety Equipment
Confidential Settlement – Oilfield Pipe Truck Load Falls, Causing Fatal Injuries
Location: Outside Victoria, Texas
An improperly secured 10 ¾” casing pipe fell from an oilfield truck trailer, striking and killing a nearby man. The lawsuit, filed on behalf of the victim’s surviving wife and daughter, revealed that the load was not properly secured according to federal trucking regulations. After key eyewitness depositions, the case was settled out of court, ensuring financial support for the victim’s surviving family.
Violations:
Lawsuit Allegations: Improper Cargo Securement, Negligent Loading, Failure to Follow Safety Regulations
Confidential Settlement – Fatigued Trucker Runs Over Vehicle & Falls Off Bridge
Location: Harris County, Texas
One summer morning on US 59, a semi-truck driver operating in violation of Hours of Service (HOS) regulations fell asleep behind the wheel. The truck rear-ended our client’s vehicle, completely running over it and killing him instantly. The truck then continued forward, striking a guardrail and plunging off a bridge onto the Southern Pacific Railroad tracks below. The truck driver also died, while his passenger suffered severe injuries. A wrongful death lawsuit was filed in Harris County District Court, later settling for the full insurance policy limits.
Violations:
Lawsuit Allegations: Driver Fatigue, Hours of Service Violations, Wrongful Death
Confidential Settlement – Truck Driver Under Influence of Drugs Kills Innocent Motorist
Location: East Texas
An East Texas truck driver, under the influence of illegal drugs, caused a head-on collision with our client, killing him instantly. A wrongful death lawsuit on behalf of the surviving wife and child uncovered that the trucking company failed to enforce drug testing regulations and engaged in negligent hiring practices. A seven-figure settlement (policy limits) was secured, providing financial stability for the widow and child after the tragic loss.
Violations:
Lawsuit Allegations: Negligent Hiring, Failure to Enforce Drug Testing, Wrongful Death
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