Significant Cases
Recent Notable Cases
2010
On June 23, 2010, Jeff Todd and Clint McGuire obtained a verdict on behalf of a former Hertz employee that was terminated after filing a workers' compensation claim in good faith. The case was tried to Judge Patricia Hancock in Harris County and Judge Hancock ruled in favor of the plaintiff, awarded the full compensatory damages sought and further awarded punitive damages. The ruling from Judge Hancock was more than 14 times the pre-trial offer.
Alton C. Todd, Esq. of The Law Firm of Alton C. Todd in Friendswood, TX was recently inducted into the International Academy of Trial Lawyers (IATL) at their Annual Meeting held April 7-11, 2010 in Phoenix, Arizona.
The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States. The Academy seeks out, identifies, acknowledges and honors those who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court and appellate practice. Members are engaged in civil practice on both the plaintiff’s and the defendant’s side of the courtroom, and the trial of criminal cases. The Academy invites only lawyers who have attained the highest level of advocacy. A comprehensive screening process identifies the most distinguished members of the trial bar by means of both peer and judicial review. Mr. Todd has been evaluated by his colleagues and the judges in his jurisdiction and has been highly recommended by them as possessing these qualifications and characteristics.
Chartered in 1954, the Academy’s general purposes are to cultivate the science of jurisprudence, promote reforms in the law, facilitate the Administration of Justice, and elevate the standards of integrity, honor and courtesy in the legal profession.
On March 15, 2010, Clint E. McGuire of the Law Firm of Alton C. Todd successfully obtained a summary judgment finding that a locomotive was "in use" such that the Locomotive Inspection Act applied in a case where a railroad worker injured his back after falling on a water bottle located on the floor of a BNSF locomotive. The ruling prohibits BNSF from arguing at trial that the injured railroad worker was contributorily negligent for his injuries. The case is scheduled for trial in June 2010.
On February 12, 2010, the Law Firm of Alton C. Todd obtained a verdict on behalf of injured refinery worker, Mike McCraven, who sustained significant burns when he fell into an open sluiceway in the Coker Unit at PRSI in Pasadena, Texas. The trial lasted 3 weeks and it took the Harris County jury 3 hours to reach a decision.
The Law Firm of Alton C. Todd is involved in yet another workplace safety matter wherein six workers were injured when scaffolding collapsed at Total Petrochemicals Refinery in Port Arthur, Texas. The case is set for trial in May in Beaumont, Texas. As indicated in the Galveston Daily News, improper scaffolding construction is an ongoing problem and can result in collapses that often cause severe and permanent injuries. (See Scaffolding collapses; two seriously injured, Galveston Daily News, 2/17/2010). If you or someone you know has been injured at the workplace due to improper scaffolding, contact The Law Firm of Alton C. Todd at 281.992.8633.
As has been widely reported in the news lately, Toyota has recalled millions of dangerous vehicles that have problems with "accelerator pedal mechanisms." (See Toyota recall: Gas pedal issue affects more than 2M vehicles, USAToday.com, 1/22/2010). The Law Firm of Alton C. Todd has extensive experience with product defect claims and is now accepting and reviewing claims for injuries sustained as a result of Toyota brand vehicles. If you or a loved one has been affected by this defective product, please contact the firm for further guidance.
Jury awards injured 61 year old railroad conductor over twice BNSF's pre-trial offer. On January 21, 2010, a Tarrant County jury determined that BNSF was responsible for Rocky Jarreau's wrist and PTSD injuries sustained in a derailment on October 28, 2007. BNSF contended that Jarreau was the cause of the derailment. The jury rejected this argument and found that BNSF's failure to properly maintain its track in compliance with FRA regulations was the cause of the derailment.
2009
Another victory for railroad workers. On November 20, 2009, Clint McGuire and Jeff Todd of the Law Firm of Alton C. Todd obtained a jury verdict against Morales Trucking on behalf of Reginald Jackson, a locomotive engineer for BNSF Railway Company, and James Jefferson, a conductor for the BNSF Railway Company, for injuries sustained when the engine they occupied collided with a dump truck on the tracks at a railroad crossing.
On November 17, 2009, Jeff Todd of the Law Firm of Alton C. Todd successfully settled the case of a toddler that sustained a serious burn on her arm while being supervised at an area day care.
Clint McGuire of the Law Firm of Alton C. Todd recently filed suit in Beaumont, Texas against the BNSF in connection with a fall at a Beaumont yard. Read more on this railroad case.
On August 19, 2009, a Harris County, Texas jury returned a verdict for Eric Boss. Eric was injured when a driver pulled out from his right and the vehicles collided. The jury found no negligence on Mr. Boss. The injury was to the left knee. Arthroscopy surgery was performed. The verdict was twice what was offered by State Farm on behalf of its insured. State Farm evaluates their offers based on their experience. Looks like they underestimated the experience of our lawyers.
On August 18, 2009, an Angelina County, Texas jury returned a verdict for Billy Joe Burnett, who struck the side of a Pilgrim's Pride truck that had failed to yield the right of way. Burnett's injuries were fractures to his femur, the femoral neck , tibia and right ulna. He required surgery for placement of a rod in his leg and external fixator. He also had knee surgery and is a candidate for knee replacement surgery. His neck was injured but no surgery required. The defense argued that Burnett's vision was impaired from medications he was taking.
On March 27, 2009, the firm successfully settled the case of a Union Pacific Railroad Company conductor who suffered permanent back, neck, and shoulder injuries as a result of jumping from a derailing train. Discovery revealed that the derailment occurred because Union Pacific neglected to replace a section of rail on the track. The case settled the morning of trial.
On March 4, 2009, Clint McGuire and Jeff Todd of the Law Firm of Alton C. Todd obtained a jury verdict against the Port Terminal Railroad Association on behalf of Kelvin Brooks, a locomotive engineer for the BNSF Railway Company, and Russell Williams, a conductor for the BNSF Railway Company, for injuries sustained when the engine they occupied was unexpectedly struck by several railcars that were kicked into them by a PTRA employee during switching operations in Pasadena Yard. The two-week trial was before the Honorable Melody Wilkinson in the 17th District Court of Tarrant County in Ft. Worth, Texas.
On February 10, 2009, the firm settled the case of a BNSF locomotive engineer who suffered career-ending back and neck injuries after stepping on debris left in the floor of a locomotive restroom in Dayton, Texas. The firm won a summary judgment finding that BNSF violated the Locomotive Inspection Act as a matter of law by leaving trash and debris in the floor of the locomotive. The firm also obtained evidence proving that in the two years preceding the incident, BNSF had been warned over 50 times of trash and debris being left in the floors of BNSF's locomotives but failed to do remedy the problem.
On January 19, 2009, the firm filed a lawsuit in Kleberg County, Texas for a client who just recently returned from two tours of duty in Iraq. He was injured by an oilfield service company while he was on his way to work. On October 15, 2008, the firm's client was on his way to work at the US Naval Air Station in Kingsville, Texas. He was operating his vehicle in an eastbound direction on Senator Carlos Truan Blvd. in Kingsville, Kleberg County, Texas. The Defendant who worked for an oilfield service company was operating his 2007 white Chevrolet Pick-up in a northbound direction on FM Road 3320. The Defendant failed to yield the right of way and struck the vehicle operated by the client. Suit has been filed in Kleberg County, Texas.
In January 2009, the firm settled the case of a widow whose husband was killed in a charter aircraft crash. On September 15, 2008, a group of government dignitaries from the United States and Mexico left El Paso International Airport in a small charter aircraft. The purpose of the trip was to survey flooding in the area. Unfortunately, the pilot flew the plane into the side of a mountain in the Sierra Madre approximately 23 miles northwest of Presidio and 13 miles into Mexico near Ojinaga and the Rio Grande. The group was on their way to Presidio, Texas at the time of the crash. All aboard the Cessna 421-B aircraft were killed. The firm was retained to represent the widow of one of the passengers. Immediately, an aviation expert who had previously served as a NASA astronaut and flow 5 missions but also had flown private and commercial aircraft was retained. The case has now been settled.
2008
In December 2008, the firm settled an accident case where the defendant claimed a medical excuse for the accident. In December 2007, an accident occurred when for unexplained reasons a vehicle crossed three lanes of travel and collided with our client. The client received serious injuries to his foot. The defense denied liability and contended that an unexpected medical condition must have caused the accident. The firm retained a toxicologist, accident reconstruction expert and forensic pathologist and was able to show from the autopsy of the deceased driver along with medical records that there was no medical condition to explain the decedent's conduct. Further medical records showed that the decedent had suffered from daytime sleepiness from a neck condition for a number of years but continued to drive. The case settled on the eve of trial.
The firm has been retained to represent a family that sustained serious injuries when a Michelin tire blew out causing the vehicle to roll over. Suit has not been filed but earnest settlement negotiations are ongoing.
The firm has been retained to represent a heavy equipment operator who was injured when he had been instructed to move a piece of heavy equipment. Unknown to him certain grating had been removed and he fell into very hot water and sustained serious burn injuries. The case is pending and scheduled for trial in the summer of 2009.
In September 2008, the firm settled the case of a UP brakeman injured while jumping from a moving train. The train was performing a reverse movement at the time of the incident, which was approximately 3:00 a.m. in the morning. The brakeman was protecting the shove and noticed a missing piece of rail ahead. Prior to the train derailing, the brakeman jumped from the train, sustaining permanent injuries to his neck, back, and shoulder. The brakeman's injuries prevented him from returning to work for the railroad. The case settled for a confidential amount.
In August 2008, the firm settled the case of a BNSF locomotive engineer injured when the company van he was in backed into a concrete-filled pole. The locomotive engineer sustained a permanent neck injury that prevented him from returning to work in his previous occupation. The railroad and van company contended that the impact was incapable of causing injury based on the fact that the van sustained less than $300 in property damage. Through the testimony of a co-worker located in the front seat of the van and bio-mechanical and medical experts, the firm demonstrated that the engineer's injuries were caused by the incident and successfully settled the case for a confidential amount.
On July 23, 2008, Clint McGuire and Jeff Todd of the Law Firm of Alton C. Todd received a verdict against Pro-Fleet ARL, LLC, on behalf of James Hock, a locomotive engineer for BNSF Railway Company, for a back injury Mr. Hock sustained while operating a train that collided with a Pro-Fleet 18 wheeler.
On April 23, 2008, the firm recovered a judgment from B & M Seating on behalf of Mandy Norman. Ms. Norman received serious injuries to her left arm and face when the seat back of the forward fishing chair broke and she fell overboard and was struck by the propeller. The boat was a 17' Crappie 175 fishing boat, model year 2001. The boat was manufactured by Tracker Marine in August 2000 and sold in 2001 by Bass Pro Outdoor World. The pedestal with warnings to not sit in the seat when moving over 5 mph was manufactured by Swivel-Eze. Tracker Marine, Bass Pro Outdoor World, and Swivel-Eze settled for a confidential amount before trial. The case was tried as a product liability case in admiralty against B & M Seating. This case was recently named Verdict Search's Verdict of the Week in the State of Texas.
2007
The firm settled two cases in Louisiana where two young men were killed in an auto and pickup accident. Prompt investigation and the retention of accident reconstruction and toxicological experts played a pivotal role. The experts' conclusions and opinions were depicted in computer generated animations that were incorporated into convincing settlement presentations by video. In the criminal prosecution that followed, the State of Louisiana used the toxicological expert that had originally been retained by the firm to obtain a 20 year prison sentence.
The case as to one decedent was settled for $5,400,000 with expenses of $166,976.16 and attorney's fees of $1,800,000 for a net to the clients of $3,433,023.84. A second family settled for $2,200,000 with expenses of $26,610.95 and attorney's fees of $733,333,33 and net to the client of $1,437,667.72.
2006
The firm was hired to represent the family of a young lady who was killed in a truck/pedestrian accident. All the witnesses were truck drivers, but through accident investigation using GPS records from the trucking company, physical evidence from the vehicles and the road way, enhanced photography and computer animation, the firm was able to conclusively demonstrate that the truck driver caused the accident and the case settled.
The firm settled a two truck collision accident where two witnesses at the scene testified the client's decedent entered the intersection on a yellow light that turned to red before the collision. The firm performed surveillance that demonstrated that all other truck drivers from the same company entered the same intersection from a lane that would have prevented this accident and death from occurring. The case was settled.
The firm was hired to represent workers who were injured in the largest industrial accident in U.S. history, obtaining settlements without the necessity of time-consuming litigation.
2005
The firm settled a railroad crossing case where three deaths occurred. The lawsuit was against the railroad and the contractor who was required to clear the crossing of vegetation and site obstructions. Through computer generated reconstruction the firm was able to depict the impact the vegetation had on the driver's inability to see the train. A settlement was obtained.
The firm settled an industrial accident death case where the worker was crushed while working on a conveyor belt. Although the worker was actually on the belt at the time of the event, he was not provided the proper equipment to perform the work. A settlement was obtained.
The firm was associated to represent a geologist who had been denied his over-riding royalty for his work in developing an oil field. The case was successfully tried to a verdict and then settled.
2004
The firm represented the family of a lady who had been arrested for DWI and was placed in a squad car. A portion of the squad car was in the travel portion of the road and was struck by an 18-wheeler causing the squad car to burst into flames, killing the lady who had been arrested while she was handcuffed. The trucking company tendered its policy limits to settle the case.
The firm settled an industrial accident death case where a worker was crushed to death while removing crated sky lights from a truck. The case settled when the evidence showed an alien worker who obtained his social security card at a flea market was operating the equipment and had little or no qualifications.
The firm was hired to represent the family of a gentleman who was killed when his truck was struck head on by another truck. Computer generated accident reconstruction helped obtain a settlement to the family's satisfaction.
A railroad worker hired the firm to represent him to pursue a claim under the Federal Employer's Liability Act. In response, the railroad claimed that the worker was negligent in that he positioned himself at the back of the train and that there was no slack in the train as it backed up as alleged by the worker. Through the application of physics with the aid of accident reconstruction, the case was settled to the client's satisfaction.
Cases In Progress
Aviation
The firm has been retained to represent the family of a passenger who was killed when a charter plane was flown into a mountain side in Mexico. Initial reports indicate that the pilot tried to navigate the flight by visual flight rules when the conditions required instrument flight rules. The firm has hired an ex-astronaut who was a member of the Challenger investigation team to assist as its expert witness.
Auto - Cattle Owner
The firm has been retained to pursue claims against a cattle owner for injuries sustained when our clients' vehicle collided with a cow that was on the roadway in Washington County, Texas. Our clients have sustained serious injuries and have required significant medical treatment. It is alleged that the fence on the property was negligently maintained. The incident occurred May 14, 2009, and suit is being filed immediately in Washington County.
Auto - Cattle Owner
The firm has been retained to pursue claims against a cattle owner for injuries sustained when a vehicle occupied by our client collided with a cow that was on the roadway in Liberty County, Texas. Our client has sustained serious injuries and has required significant medical treatment. It is alleged that the fence on the property was negligently maintained. The incident occurred in November 2008, and suit has been filed in Liberty County.
Auto - Motorcycle
The firm has been retained to pursue claims against a motorcycle owner for injuries sustained when our client was a passenger on the motorcycle when the owner lost control and crashed into a median in Northwest Houston. Our client has sustained serious injuries and has required significant medical treatment. The incident occurred in early May, 2009, and suit is being filed immediately.
Auto - Domino's Pizza Delivery
In the 70's Domino's Pizza used as part of its ad campaign the "30 Minute Guarantee". Many Domino's drivers were speeding to comply with the guarantee and consequently causing serious accidents. One such accident rendered a lady a quadriplegic. In 1993 a jury concluded Domino's was negligent. The case was ultimately settled and Domino's suspended the "30 Minute Guarantee". The ad program was retooled 14 years latter with a new ad firm as "You Got 30 Minutes". It was initiated in the Houston market in December, 2007 and only a few days later a young LaPorte teenager was struck by a Domino's driver and is brain damaged. Suit has been filed and is expected to be tried in May, 2009.
The firm has been retained to pursue claims against a plumbing company because of injuries sustained in a violent collision caused by the driver of the plumbing company failing to yield to the right of way. Our client has undergone two major back surgeries and has been unable to work for over two years. Suit has been filed and is expected to be tried in May, 2009.
The firm has been retained to pursue claims against property owners and the owner of cattle thereon for injuries sustained when our client's vehicle collided with a cow that was roaming on the roadway. Our client has sustained serious injuries and has required significant medical treatment. It is alleged that the fence on the property was negligently maintained. The case is pending in Galveston county and will be tried in mid-2009.
Premises
The firm has been retained to represent an oil field worker who was struck in the head by a filter from a dehydration unit. The filter selected by the owner and operator of the field was wrong for this application. The case is scheduled for trial in Fairfield, Texas in December 2008.
The firm has been hired to represent an equipment operator who was injured at a plant on the ship channel when he fell into a hole filled with hot liquid where the drain cover had been removed. The worker sustained serious 3rd degree burns to his legs.
The firm has been retained to represent a scaffold builder who was injured when he was ordered to dismantle a scaffold another scaffold company had erected. He was knocked from the scaffold by another worker who had fallen when a support structure gave way. He has received serious back injuries. The case is pending in Beaumont state court.
Boating
The firm has been retained to represent the parents of a young adult who was thrown from a boat that ran into a bulk head and drowned. The operator had been drinking.
Product Liability
The firm has been retained to pursue a claim where a Michelin tire failed and the vehicle rolled. The family received serious injuries with one passenger sustaining a broken neck. The tire was sent to the manufacturer for testing and they lost the tire. Under the doctrine of spoliation, there will be a presumption that the testing would have been unfavorable.
The firm has been retained to pursue product liability claims against Yamaha for injuries sustained by a young man while he operated a Yamaha Rhino. A few weeks after purchasing a brand new Yamaha Rhino, a gentleman was cautiously operating the all terrain vehicle (ATV) on his parent's private property when it unexpectedly rolled over and crushed his lower leg. The young man had to be transported via life flight, underwent significant surgeries, and now has permanent damage to his lower leg. There is currently a significant amount of litigation concerning the design of the Yamaha Rhino because a lot of people have been severely injured in slow speed rollovers. This particular matter is pending in Federal Court and will be tried in 2009.
Trucking
The firm has been retained to try a case in Lufkin, Texas where a Pilgrim's Pride truck failed to yield the right of way and pulled in front a driver on his way to work. He sustained serious injuries. The case will be tried after the first of the year.
