April 21, 2008

$87 Million Verdict in Dallas

On Friday, a Dallas County jury awarded $87 million to a man who was partially paralyzed in a moving-truck accident with $87 million in his lawsuit against U-Haul.

Plaintiff’s lawyer Ted Lyon told reporters after the verdict that U-Haul had faulty emergency break and worn down gears. The Plaintiff rented a U-Haul to help his daughter move. When he got out of the truck, it started rolling backwards and knocked him down. Now the formerly active retiree cannot walk and requires around-the-clock care.

April 17, 2008

Ford Explorer Setlement Approved

In litgation that is a byproduct of the Ford Explorer rollover lawsuits, Ford Explorer owners will be "compensated" in a settlement because of the loss of value of the Explorer because of the perceived rollover danger. This settlement covers about 800,000 people who purchased Explorers in California, Connecticut, Illinois and Texas.

Unfortunately, the only people who will get a significant recovery will be the lawyers who brought these claims. Explorer owners will only be eligible for vouchers for $300 to purchase new vehicles Ford or Lincoln Mercury vehicles (or $500 off the Ford Explorer). Practically, the car dealers will just negotiate a higher sales price on the car the sale of the car, reducing the list price less than they otherwise would.

Accordingly, this settlement is worthless to everyone except for the lawyers bringing these claims. The frustrating thing about this is that 800,000 people see this settlement and think, "Geez, what a scam, the only people that really profit from this are the lawyers." For personal injury victims and their lawyers, this does not help when one of these 800,000 people shows up on a jury.

March 24, 2008

Allstate v. Texas Personal Injury Lawyers and Chiropractors

Jeremy Roebuck of The Monitor in South Texas writes an interesting article about, unlike Friday's blog post, Allstate going on the offensive against abuses in the personal injury system.

In this case, Allstate has brought a fraud lawsuit against a group of Rio Grande Valley chiropractic clinics and their lawyers, claiming that they improperly recruited personal injury victims, suggested patients undergo unnecessary treatments and then persuaded their patients to file personal injury lawsuits against Allstate.

Allstate alleges the clinics, Chiropractic Strategies, has telemarketers that encourage people to visit their clinics for a free evaluation. Once there, Allstate claims they were are diagnosed with injuries they did not have and overtreated for the injuries they did have. The article does not say but I’m assuming they are calling people who have been in auto accidents based on looking at police reports or some other means to find injury victims.

In what certainly is a smart tactic, Allstate also sued the South Texas personal injury lawyers that received the referrals from the chiropractic group, including one easy target that has an extensive history of disciplinary reprimands from the State Bar of Texas and has been convicted of theft and conspiracy to commit barratry - a third-degree felony charge aimed at lawyers who improperly solicit clients.

It is worth nothing nether Texas or local authorities in South Texas have brought fraud charges against this chiropractic group or these lawyers which calls into some question the strength of these claims. But, for once, I’m rooting for Allstate to put these guys out of business if these charges are true. I hope Allstate enjoys its brief time on the other side of the v.

February 26, 2008

Medical Malpractice Class Action Lawsuit in Texas

Eleven plaintiffs, including former Dallas Cowboy Ron Springs, filed a class action lawsuit yesterday challenging the Texas Medical Malpractice and Tort Reform Act as unconstitutional.

I suspect this argument will fail miserably. I think the effort to solve the medical malpractice cap problem in Texas is through the Texas Legislature. Hopefully, the Texas Trial Lawyers Association are marshaling a quality effort to convince the Texas Legislature that they have gone down a path that has seriously compromised the basis rights of people who have been seriously injured as the result of medical malpractice in Texas.

December 21, 2007

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Welcome to our blog covering injury law and policy throughout the United States.