On December 16, 2011, The Supreme Court of Texas denied Hertz' petition for review in the matter of Kyle Barousse v. Hertz Equipment Rental Corporation. On June 23, 2010, Jeff Todd and Clint McGuire obtained a substantial verdict on behalf of Mr. Barousse for being 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 him the full compensatory damages sought and further awarded punitive damages. The ruling from Judge Hancock was more than 14 times the pre-trial offer.
Hertz appealed the decision and the appellate court affirmed the ruling in favor of the plaintiff. Hertz then filed a petition with the Supreme Court of Texas requesting the Court to overturn the verdict. However, the Supreme Court of Texas has rejected that request, which effectively upholds the verdict in favor of the plaintiff, Kyle Barousse.
On December 15, 2011, Clint E. McGuire and Jeffrey N. Todd of the Law Firm of Alton C. Todd obtained a favorable jury verdict on behalf of Mark Jordan, a long time employee of BNSF, for injuries he sustained while working for BNSF. Sometimes the best results come in small packages and this is one such case.
On December 5, 2007, Mark Jordan was onboard a locomotive when it was unexpectedly struck by another train that was traveling approximately 10 mph. Mr. Jordan fell to the ground, injuring his neck and back. Mr. Jordan refused medical attention and did not go to the doctor until 27 days after the collision. Mr. Jordan also had a 15 year history of prior neck and back problems.
Despite his injuries, Mr. Jordan did not miss any work for the BNSF and intends to continue working for the BNSF. He has undergone significant physical therapy and is not a candidate for surgery.
BNSF did not accept responsibility for the incident until the day of trial. BNSF further argued that Mr. Jordan sustained no new and permanent injury as a result of this train wreck. The Harris County jury disagreed with the BNSF and awarded Mr. Jordan $8,000.00 for future medical; $27,500.00 for past pain and suffering; $50,000.00 for future pain and suffering; and, $12,500.00 for impairment. Although it is not a staggering amount of money, the judge of the court indicated that it was the largest pain and suffering award in his court in 2011.
On November 30, 2011, Alton C. Todd, founder of The Law Firm of Alton C. Todd in Friendswood, Texas, obtained a jury finding that William Allison's death was a work-related event. On 10/25/08, William Allison, 66, a chemical plant operator, experienced cardiac arrest at his home in Deer Park and died. His widow filed a claim with his employer's workers' compensation carrier for death benefits. The claim was denied on the grounds that the death was not work-related.
Allison had attended mandatory work-related fire training all day on 10/23 and until noon on 10/24. He went home on the afternoon of 10/24 and went to a high school football game that night. On 10/25, he and his wife relaxed at home and then had dinner at a Mexican restaurant. Upon arriving home, around 7 p.m., a thrombus or clot caused an occlusion, and he went into cardiac arrest. He died an hour later.
Allison's widow filed the workers' compensation claim. The outcome of the contested case hearing was favorable to plaintiff, but it was reversed by the appeal panel. The plaintiff sued the carrier to appeal the administrative decision.
Allison had worked for his employer for 30 years before reductions in force led the company to require all outside operators to join the volunteer fire brigade. Plaintiff had never before been a member.
The clot was caused by a plaque rupture. The plaintiff claimed that the physical stress from the training was the cause of the rupture. Allison was a type II diabetic and was hypertensive, and according to the plaintiff, Allison's doctor recommended that he not be required to attend fire training. The defense did not dispute that a plaque rupture led to Allison's fatal clot, but it denied that the rupture was caused by the training. The physical requirements of the training were no different than the usual job of a chemical plant operator, the defense argued, and the rupture was a natural progression of his heart disease.
The defense maintained that, because of the 31-hour gap between the rupture and the occlusion and because the occlusion took place at home, Allison's death was not work-related. Pursuant to the Texas Labor Code, the jury was instructed by the court that the appeals panel concluded that the heart attack was not a compensable injury
August 2011: The Law Firm of Alton C. Todd is actively litigating cases throughout the country involving victims of transvaginal mesh products (mesh, sling, and tape devices). If you have been injured by one of these products, please contact our office so that we can provide you with a no cost consultation concerning your claim. For additional information concerning this type of claim, please see the following: Urogynecologic Surgical Mesh: Update on the Safety and Effectiveness of Transvaginal Placement for Pelvic Organ Prolapse.
July 2011: The Law Firm of Alton C. Todd, along with Houston attorney Jimmy Doan, has filed a lawsuit against the city of Texas City on behalf of the family of three drowning victims at the Texas City dike. For more information, view the story here at Houston Chronicle.
May 23, 2011: The Law Firm of Alton C. Todd was recently honored for having two of the "Top Verdicts in Texas in 2010."
Alton C. Todd, Esq. Inducted into the International Academy of Trial Lawyers: 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. Read Press Release
Texas Bar Foundation Reception, 2009: On the evening of September 10, 2009, Nari and Alton Todd hosted the Texas Bar Foundation Reception at their home in Friendswood, Texas. It was an evening of great fun and food that was attended by judges and prominent attorneys from the area. It was also a welcome event for two of the Foundation's newest Fellows, Clint McGuire and Jeff Todd of the Law Firm of Alton C. Todd. New Fellows are selected from 1/3 of 1% of the membership of the State Bar of Texas. Selection is based on an outstanding record in the legal profession as well as a commitment to support the community at large. For more information about the Texas Bar Foundation, please visit their website at www.txbf.org.
Alton C. Todd was inducted as a Fellow of the American College of Trial Lawyers: On October 13, 2007, at the Spring Meeting of the American College of Trial Lawyers, Alton C. Todd was inducted as a Fellow in one of the premier legal associations in America for trial lawyers. Membership is by invitation only to those lawyers who have a minimum of 15 years experience. Membership is limited to less than 1 percent of the lawyers in Texas and the United States. For more information about the American College of Trial Lawyers, please visit their website www.actl.com.
