Worker/Workplace Negligence
Ironworkers' fall from lift yields $16.5M verdict
Two ironworkers who fell from a scissor lift when it was struck by a window during its removal were awarded $16.5 million. Carl Perkins and Alex Sackey-El were on a crew replacing a large glass window at an Apple store in Houston. Workers for Maxim Crane Works were lifting the old window out of place while the plaintiffs were on the lift about 25 feet above ground to help guide the window. When the crane pulled the window free, it swung hard into the lift, knocking it over. Perkins sustained a severely comminuted L2 burst fracture with severe spinal canal obliteration. Sackey-El sustained multiple lumbar and thoracic fractures, as well as a traumatic brain injury. The accident occurred in 2015 and both men were undergoing rehabilitation at the time of trial.
Perkins v. Maxim Crane Works, L.P., No. 2015-24741
Court: 11th Harris County District Court
Plaintiff Attorneys: Jim S. Hart and Steve Kherkher, Williams Kherkher, Houston
Defense Attorneys: H. Dwayne Newton, Newton, Jones & Spaeth, Houston; Cynthia L. Jones, Newton, Jones & Spaeth, Houston
Valve technican recovers $2.8M for crushed hand
A valve technician whose hand was crushed by a pulley that broke free in an accident involving a forklift recovered $2.8 million. Michael Gilmore was doing repairs at an oil rig operated by Unit Drilling Co. While he was standing on a pallet that was raised 2 feet by a forklift, the driver backed up 4 feet and inadvertently ran over a cable attached to a pulley overhead. The pulley broke free and fell on Gilmore's hand. His hand was repaired in surgery, but Gilmore claimed that he developed complex regional pain syndrome that caused intense pain in his arm, back and leg and forced him to use a cane. Gilmore's work safety expert opined that Unit Drilling violated Occupational Safety and Health Administration standards and industry practices by allowing workers to ride the forks of a forklift.
Gilmore v. Unit Drilling of Texas LLC, No. 2013-cv-61712-3
Court: Nueces County Court at Law No. 3
Plaintiff Attorneys: Thomas J. Henry, Thomas J. Henry Injury Attorneys, Corpus Christi; Richard W. Hunnicutt III, Thomas J. Henry Injury Attorneys, San Antonio; Melissa Robbins, Thomas J. Henry Injury Attorneys, San Antonio
Defense Attorneys: Jeffrey S. Davis, Gardere Wynne Sewell, Houston; Marcella A. Della Casa, Thornton, Biechlin, Reynolds & Guerra, San Antonio
Motor Vehicle
Jury awards driver claiming back injury
A driver who claimed lumbar sprains and strains in a sideswipe collision was awarded $17,972. Roberto Lobos sued Bruce Junker for the crash in Dallas. Lobos alleged that he struck his left elbow on the door upon impact. Four days later, Lobos, complaining of lower back pain, presented to a chiropractor, with whom he treated with in the ensuing weeks. He asked the jury for $33,622 in damages.