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- Descriptive
Summaries of
- MILLION
DOLLAR ARGUMENTS
- #101 -
PAT MALONEY, San Antonio, TX
- LP Gas Tanker Explosion / Burns
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FLORES v SURTIGAS, S.A. - $26,450,000
- A liquid propane gas tank truck overturned in Eagle Pass, devastating 30 acres and severely burning Maloney's 14 year old client. Only $25,000 of the award was punitive.
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- #102 - CLINT GROSE, Minneapolis, MN
- Intersection Collision / Paraplegia
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OSSENFORT v A.M.P.I - $1,500,000
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The jury pierced the "paper shield" defense that the driver was an independent contractor. The award was sufficient for Grose's paraplegic client to purchase a specially equipped house.
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- #103 - WAYNE FISHER, Houston, TX
- Tanker Overturn - Ammonia Asphyxiation
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DENTON v TRANSPORT CO .- $1,816,016
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Circumstantial evidence showed that an ammonia gas tank/trailer rig was speeding when it plunged off the exit ramp and seared the lungs of a bystander.
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- #104 - CHARLES KRAMER, New York, NY
- Hospital Malpractice / Blindness - Brain Damage
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ZARICK v FRANKLIN GENERAL HOSPITAL - $1,500,000
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The Zarick baby was born blind and brain damaged because of failure to use a fetal monitor. The Doctor settled but the hospital dropped a bundle when it refused to pay Kramer's $200,000 settlement demand.
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- #105 - HERBERT HAFIF, Claremont, CA
- Airplane Crash / Death of Father
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MURPHY v COLORADO AVIATION - $3,200,000
- WW-II hero Audie Murphy had no income for eight years preceding his death in a plane crash. Hafif tried the case in Colorado where damages were limited to pecuniary losses.
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- #106 - JOHN MESSINA, Tacoma, WA
- Utilities / Leg Amputation - Burns
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MORTIMER v PUGET SOUND POWER & LIGHT - $3,141,000
- Ex-convict brothers driving home after a night of drinking struck a utility pole too close to the winding road. Messina's jury decided the passenger was entitled to a forgiving highway.
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- #107 - STANLEY M. ROSENBLATT, Miami, FL
- Negligent Repair / Death of Mother
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BARR v PEOPLE'S GAS - $1,250,000
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The apartment's exploding gas oven killed a divorced mother of six. The jury found against the apartment owner and the gas company for their negligent failure to fix the reported gas leaks.
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- #108 - RONALD D. KRIST, Houston, TX
- Products - Automobile / Crashworthiness - Quadriplegia
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TURNER v GENERAL MOTORS - $1,189,000
- EUGENE OKEY, Canton, OH
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Products - Automobile / Crashworthiness - Quadriplegia
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LEICHTAMER v JEEP - $2,000,000
- In TURNER, Krist's jury's verdict sent a message to GM when the defectively designed Chevy roof support system resulted in the driver's quadriplegia after a low speed roll-over.
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In LEICHTAMER, Okey showed that the Jeep CJ-5's crash bar did not prevent serious injury in an end-over-end roll-over. TV commercials showing Jeeps flying over sand dunes devastated the defense.
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Two Arguments - Counts As One Selection
- #109
- HERBERT HOROWITZ, New York, NY
- Premises / Fractured Hip
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KODACK v AMERICANA OF NEW YORK - $1,250,000
- A reveler's trip over the untaped edge of a hotel's ballroom carpet caused a fractured hip and osteoporosis. Kodack's husband awarded $250k for loss of consortium.
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- #110 - R. BEN HOGAN, Birmingham, AL
- Fraud / Loss of Manufacturing Plant
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CORD v GOSLIN-BIRMINGHAM, INC. - $1,250,000
- BARNARD KAHN, Detroit, MI
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Estoppel / Loss of Business G&L
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PLATING v BANK OF COMMERCE - $1,250,000
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In CORD, Defendant contracted to build a steel drum dryer for an animal food plant but he conned the plant owner into taking a cast iron drum instead, causing a complete shutdown of manufacture. In G&L PLATING, Bank reneged on an oral commitment to make a new loan and foreclosed on old loan. A promissory estoppel argument was used to defeat a statue of frauds defense.
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Two Arguments - Counts As One Selection
- #111
- ROBERT L. HABUSH, Milwaukee, WI
- Products Design / Permanent Coma
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RETZLOFF v CHRYSLER CORP - $1,558,000
- Permanent coma was the result when a newly-wed woman's head struck the single-joint rear-view mirror. ATLA President Habush argued that his client still responded to stimuli and might be conscious of the horror of her predicament.
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- #112 - JAMES E. HULLVERSON, St. Louis, MO
- Premises - Swimming Pool / Paralysis
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CHRISLER v HOLIDAY VALLEY - $2,300,000
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A member of a church swimming party at a privately owned public pool dove into an unmarked submerged chain and became permanently paralyzed from his chest down.
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- #201 - SCOTTY BALDWIN, Marshall, TX
- Products Design / Paraplegia
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FOSTER v FORD MOTOR CO. - $2,000,000
- RICHARD J. PHELAN, Chicago, IL
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Products Design / Quadriplegia
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CHRISTOPHERSON v HYSTER - $1,750,000
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In FOSTER, ATLA President Baldwin argues for a farmhand who was rendered paraplegic when a hay bale fell backwards off the farm tractor's front-end loader. Ford claimed a cab was available but the local Ford dealer had never seen one. In CHRISTOPHERSON, the employer/owner rejected an optional overhead guard for their forklift but the manufacturer was held liable for the operator's quadriplegia when metal baskets fell on him.
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Two Arguments - Counts As One Selection
- #202
- STANLEY E. PREISER, Charleston, WV
- Products / Burns - Amputation
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ANDERSON v MARSHALL CO. CO-OP - $1,750,000
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A 15 cent; gasket would have prevented the explosion of the rototiller engine and the burns that caused the amputation of both legs of a 70 year old man.
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- #203 - EDWIN N. WEIDMAN, New York, NY
- Motor Vehicle / Amputation of Leg
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UNTI v AIRWAY EQUIP. RENTAL - $1,700,000
- A JFK airport shuttle bus ran over a woman, 58, crossing from one terminal to another, resulting in a crushed knee and amputation of the other leg above the knee.
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- #204 - WILLIAM N. SHERNOFF, Claremont, CA
- Bad Faith Claims / Punitive & Mental Anguish
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EGAN v MUTUAL OF OMAHA - $5,114,000
- $5 million awarded in punitive damages when a back injury was reclassified as a "sickness" to cut off the insured's lifetime $200 per month benefits after four months.
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- #205 - FREDERIC N. HALSTROM, Boston, MA
- Negligence / Quad., Death, Loss of Consort.
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DiMARZIO v BRITISH PETROLEUM- $3,791,000
- PAUL R. SUGARMAN, Boston, MA
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Products Design / Burns
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GRIFFIN v GENERAL MOTORS - $1,000,000
- In DiMARZIO, a welder was rendered quadriplegic when a used underground gasoline storage tank exploded. His wife received $600k for loss of consortium - at the time, a record verdict. In GRIFFIN, gasoline fumes entered the fresh air vent. system. Second and third degree flash burns occurred when the young lady driver lit a cigarette.
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Two Arguments - Counts As One Selection
- #206
- RICHARD J. FRANK, New York, NY
- Premises / Rape
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GARZILLI v H. JOHNSON MOTELS - $2,650,000
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Star Singer was raped by an unknown assailant who climbed up eight feet to her motel room balcony. The jury found inadequate security and locks by the motel chain.
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- #207 - JIM MAC PERDUE, Houston, TX
- Products Design - RLF Blindness
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SPEARS v AIR SHIELDS, INC. $1,860,000
- THOMAS T. ANDERSON, Indio, CA
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FTCA Malpractice / RLF Blindness
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PENETRANTE v U.S.A.- $3,100,000
- In SPEARS, the preemie's RLF blindness resulted after 14 days of continuous oxygen in an incubator. The manufacturer knew of the potential danger but failed to warn the hospital or doctor. In PENETRANTE, excessive oxygen in the incubators of three month premature twins caused total blindness and brain damage to one twin and blindness in one eye to the other. Two Arguments - Counts As One Selection
- #208
- LEONARD M. RING, Chicago, IL
- Truck-House Collision / Paralysis
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KUNDE v SOUTH BEND FREIGHT - $1,250,000
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A freight liner missed a curve and tore through the Kunde house taking the second floor and Mrs. Kunde for a disastrous ride that left her paralyzed from her chest down.
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- #209 - JOHN TUCKER, Tulsa, OK
- DAN GEORGE, Sallisaw, OK
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Negligent Hiring / Soft Tissue Injury
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MAGOON v C&H TRANSPORT - $1,500,000
- Mrs. Magoon turned left off the highway into the path of a truck, resulting in the loss of her 11 year old daughter's kidneys and future fertility. The jury found negligence in the hiring of the inexperienced trucker.
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- #210 - THOMAS T. ANDERSON, Indio, CA
- Construction Site / Quadriplegia
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SAYRE v HERMOSA HOMES - $4,200,000
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A carpenter was installing fascia board by hanging over the roof because the contractor failed to provide scaffolding. Quadriplegia resulted from the fall.
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- #211 - RAYMOND J. KEEGAN, White Plains, NY
- Products Design / Wrongful Death
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WITTLEDER v GENERAL MORTORS - $1,200,000
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The defective steering of the Chevy Wagon that overturned and killed its driver was proven by circumstantial evidence. Half of the award was for death, half for conscious pain.
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- #212 - NICK NICHOLS, Houston, TX
- Employer Negligence / Facial Injuries
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TOMJANOVICH v LOS ANGELES LAKERS - $3,246,377
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"Rudy T" thought the scoreboard had fallen on him when Kermit Washington bushwhacked him. Lakers management was found negligent in failing to curb Washington's temper.
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- #301 - AARON J. BRODER, New York, NY
- Negligent Equipment Maintenance / Burns
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ESTEVES v SOMCO FUEL CO. - $1,098,000
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Negligent maintenance caused the furnace boiler explosion which resulted in 2nd and 3rd degree burns to 40% of the body of a 70 year old building superintendent.
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- #302 - FRANK D'AMICO, New Orleans, LA
- Products / Partial Blindness
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GUIDRY v DRACKET CO. et al - $1,500,000
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Chemicals were held too dangerous for household use when an eruption blinded a maintenance man who inadvertently added Thermo-Chem to the Drano already in the clogged sink.
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- #303 - ROBERT M. GINSBERG, New York, NY
- Government Liability / Death of Man
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McGALE v METRO TRANSIT AUTH. - $3,280,000
- A 46 year old drunk and pugnacious passenger at Penn Station (earning $14k per year) was killed when railroad police kicked him in the abdomen while arresting him.
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- #304 - STANLEY M. ROSENBLATT, Miami, FL
- FTCA Motor Vehicle / Multiple Fractures
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COOK v UNITED STATES - $1,125,000
- The motorcyclist required nine hospital admissions and fifteen surgeries after his collision with a government automobile which ran a stop sign at an intersection.
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- #305 - SOLOMON L. MARGOLIS, Washington, DC
- Products / Quadriplegia - Loss of Consortium
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HALL v GENERAL MOTORS - $6,500,000
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A defectively designed universal joint caused quadriplegia to a 49 year old wife. The judgment was affirmed on appeal, including more than $1,000,000 to the husband for loss of consortium.
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- #306 - MARK B. WEISEN, New York, NY
- Hospital Malpractice / Blindness
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SHAH v St. VINCENT'S HOSP.- $1,400,000
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When the 2 1/2; month premature baby weighing 1 lb. 12 oz. became totally blind, the Florida hospital was proud that the baby had no other physical or mental defects.
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- #307 - ROBERT E. BALLARD, Houston, TX
- Products / Football Helmet - Quadriplegia
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DANIELS v RAWLINGS - $1,500,000
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The helmet known not to prevent subdural hematomas caused the young QB's 120 IQ to plummet to 84 after his injury. The jury awarded $750,000 in punitive damages.
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- #308 - WILLIAM F.X. GEOGHAN, New York, NY
- Medical Malpractice / Brain Damage
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ZARECOR v FRENCH HOSP. -$1,933,000
- The Zarecor's baby was born severely brain damaged. The hospital records were altered by the obstetrician who failed to do a prompt C-Section when pelvimetry showed cephalopelvic disproportion
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- #309 - WILBURN W. WATKINS, Houston, TX
- Products Design / Auto - Quadriplegia
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HOPKINS v GENERAL MOTORS - $1,800,000
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The seventeen year old pickup driver became quadriplegic when the carburetor hung full open and the truck flipped. GM knew of the defect but didn't spend the one cent necessary to fix it.
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- #310 - ANTHONY W. CUNNINGHAM, Tampa, FL
- Hospital Malpractice / Death of Newborn
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DUNCAN v St. JOSEPH'S HOSP. - $1,125,000
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The malpractice occurred during delivery. Hospital was negligent in permitting a limited privilege doctor to exceed his privileges. $125,000 for loss of consortium was awarded to the husband.
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- #311 - LEE I. TURNER, Southfield, MI
- Premises - Swimming / Quadriplegia
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KONSDORF v ST. OF MICHIGAN - $3,706,624
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The State Park had a sign: "No Swimming Beyond This Point." But nowhere was there a warning of shallow water. Sixteen year old Konsdorf became quadriplegic
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- #313 - MARVIN E. LEWIS, San Francisco, CA
- Psychiatric Malpractice / Psychosis
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WALKER v PARZAN - $4,738,444
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The psychiatrist's prescription of sex and drugs turned a mildly depressed wife and
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- #314 - RICHARD S. KUHLMAN, Chicago, IL
- Railroad Crossing / Death of Man
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GAMEZ v PENN CENTRAL RAILROAD - $2,500,000
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"Dead men tell no tales?" Not according to the Kuhlman experts who proved that the train passed too fast through the snow blinded crossing.
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- #316 - STANLEY K. JACOBS, Los Angeles, CA
- Motor Vehicle / Death of Man
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JOHNSON v PRICO CORP.- $1,300,000
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IBM's leading sales representative was killed instantly in a head-on collision with the president of defendant corporation. This verdict was paid without appeal.
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- #317 - SALVADOR A LICCARDO, San Jose, CA
- Premises - Fall / Paraplegia
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BAKKEN v DeANGELO PEST CONT.- $2,300,814
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The landlord inspected but overlooked the termite damage. One of his tenants, an unemployed single woman, leaned against a second story porch railing and became paraplegic when she fell.
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- #318 - A. ROBERT ZEFF, Detroit, MI
- Motor Vehicle / Death of Child
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DRAKEFORD v SHENKEL - $1,145,000
- A garbage truck struck and instantly killed a by-stander who was the 14 year old son of divorced parents. This was Mr. Zeff's twenty-second million dollar verdict!
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- #319 - ROBERT E. CARTWRIGHT, San Francisco, CA
- Premises Diving / Quadriplegia
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GIRON v TROWBRIDGE - $2,500,000
- The commercial picnic facility gave an "illusion of safety" to the teen-ager who dived into a boulder lurking two feet below the surface of the river.
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- #320 - RICHARD J. KUHLMAN, Chicago, IL
- Govt. Negligence / Death & Multiple Injuries
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EDGMAN v STATE OF INDIANA - $1,800,000
- The wife was killed and the husband received multiple fractures and brain damage in a head-on collision with a drunk teen on an "S" curve not marked by State of Indiana.
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- #321 - MORTON L. FRIEDMAN, Sacramento, CA
- Medical Malpractice / Myocardial Infarction
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FINE v PERMANENTE MEDICAL - $1,300,000
- Defendant failed to run an EKG even though Plaintiff, 34, complained twice of chest pains the day before a MI cut his life expectancy in half.
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- #322 - SHERWIN SCHREIER, Southfield, MI
- Products Design / Burns
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ANDERSON v COLEMAN CAMPING - $1,200,000
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The Anderson boy, 19, was sleeping in his tent when the defectively designed camp heater over-turned and caused burns over 18% of his body.
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- #323 - ROBERT INGRAM, San Francisco, CA
- Negligent Repair / Two Deaths
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GREEN v EXEC. JET AVIATION - $2,000,000
- The Detroit jury accepted circumstantial evidence of defective repairs to the stall-warning device as the cause of the crash that killed both pilots of the Lear Jet.
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- #324 - GARY ROTH, Walled Lake, MI
- Police Brutality / Multiple Fractures
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HAYWOOD v CITY OF DETROIT - $3,000,000
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Haywood, a black landlord objecting to a warrantless Police search of his apartment building at 3 a.m., was struck, cuffed and thrown down a flight of stairs.
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- #325 - A. ROBERT ZEFF, Detroit, MI
- Construction Site Negligence / Death of Father
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CUNDIFF v HOLLOWAY CONST. - $9,910,000
- A construction company earth mover drove into the path of Cundiff's automobile, killing him instantly. Zeff's argument on the essence of a husband and father won this large award.
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- #326 - BARTON A. HAINES, Philadelphia, PA
- Hospital Malpractice / Brain Damage
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BOSTICK v COATESVILLE HOSP. - $1,500,000
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Twenty years after the fact, it was discovered that an empty oxygen tank in the delivery room caused the 'blue baby.' The jury found concealment by the hospital, rejected the statute of limitations defense and awarded $250,000 in punitive damages.
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- #327 - LEO V. BOYLE, Boston, MA
- Products / Burns, Loss of Consortium
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McLEOD v WHITE MOTOR CO. - $1,200,000
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The tank truck's engine could not be shut off after it's hose delivering naphtha dislodged. The driver suffered 3rd degree burns. His wife was awarded $100k for loss of consortium.
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- #328 - IVAN S. SCHNEIDER, New York, NY
- Government Negligence / Death of Father
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CARDILLO v CITY OF NY - $3,000,000
- Policeman Cardillo was murdered while answering a bogus "officer in trouble" call in a known sensitive area. Schneider argued that the dispatcher should have known there were no officers in the area at that time.
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- #329 - CHARLES KRAMER, New York, NY
- Motor Vehicle / Burns - Psychic Injury
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KLAPPER v SUGARMAN - $1,145,920
- Here is Mr. Kramer's summation on damages for the 19 year old passenger who had emotional and psychic injuries together with 2nd and 3rd degree burns when the car overturned.
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- #330 - STEPHEN BOLDEN, Philadelphia, PA
- Demolition Negligence / Death of Woman
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SIRIANI v CITY OF PHILADELPHIA - $1,340,941
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The City of Philadelphia failed to verify the insurance coverage of a demolition contractor whose negligence caused the death of a 28 year old pregnant working wife.
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- #331 - FRED QUELLER, New York, NY
- Government Negligence / Amputation of Leg
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WARMSLEY v CITY OF NEW YORK - $2,343,987
- Warmsley's car hit an icy patch after the city failed to fix a leaking water main. The wife's leg was amputated after eight operations. $343,987 was awarded to her husband for loss of services.
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- #332 - JAMES P. McCARTHY, Boston, MA
- Medical Malpractice / Loss of Kidneys
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REHILL v GOODMAN - $4,500,000
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A pediatrician's treatment of virus instead of bacterial infection caused a young girl to lose both kidneys and be sentenced to dialysis for life.
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- #333 - HERBERT L. KOLSBY, Philadelphia, PA
- Premises - Diving / Quadriplegia
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HAGAR v ETTING - $1,800,000
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A party guest dived head-first into a man made lagoon where the water was only 3½ feet deep. The jury rejected contributory negligence defense.
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- #334 - HENRY A. FOLLEN, Boston, MA
- Utilities Negligence / Burns
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JIGARJIAN v CAPE COD GAS - $3,353,000
- Gas was shut off after a meter was damaged but the Gas Co. failed to check for unlit pilot lights when restoring service. A college student was severely burned by the resulting explosion.
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- #335 - MICHAEL P. KOSKOFF, Bridgeport, CT
- Hospital Malpractice / Death of Father
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KINERY v DANBURY HOSPITAL - $1,800,000
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A father died when a neurosurgeon was not called for two hours after Emergency Room X-rays revealed a skull fracture and the patient lapsed into a coma. Koskoff's "loss of a father" montage was most effective.
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- #336 - JOEL B. SAVIT, New York, NY
- Premises / Paraplegia
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BAXTER v JIMMY BYRNES CLUB - $1,500,000
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A night club patron claimed he fell down steps because a handrail was missing. T he defense that the handrail was in place was defeated by a photo of the rail at a bartender's home.
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- #337 - JACOB D. FUCHSBERG, New York, NY
- Premises / Paraplegia
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ERGAS v BARRACINI CANDIES - $1,100,000
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Paraplegia to an eight year old when a sign blew off a building during a high wind. This is the first million dollar verdict ever in a personal injury case! Due to the length and historical significance of the argument, Mr. Fuchberg's closing argument, as well as tactical asides, is presented on two cassettes and counts as two selections. This argument should be in every trial lawyer's library.
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- #338 - RICHARD E. SHANDELL, New York, NY
- Hospital Malpractice - Brain Damage
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STREET v SOUTHSIDE HOSPITAL - $7,200,000
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The heart quit during surgery and anoxia caused complete loss of mentation to a 3 year old with Downs Syndrome. The intern failed to record a heart murmur on her chart.
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- #339 - EDWIN N. WEIDMAN, New York, NY
- Highway Defect / Leg Amputation
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HORTON v E. HUDSON PARKWAY AUTHORITY- $2,080,000
- A rotted guardrail stringer ripped off the leg of a parkway driver. The government immunity claim was rejected by the jury on evidence of knowledge of the dangerous condition.
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- #340 - MARC S. MOLLER, New York, NY
- Products - Aviation / Death of Pilot
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VASINA v GRUMMAN CORP.- $1,184,270
- A pilot was killed when the Navy negligently repaired a wing. The U.S. government was immune from the Navy's negligence so the suit was filed against Grumman for a manufacturing defect.
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- #341 - IVAN S. SCHNEIDER, New York, NY
- Premises and Malpractice / Hip Fracture
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HORTON v HARLEM HOSP. & CITY OF NEW YORK - $1,500,000
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A permanent limp was the result for an indigent loner who fell into a sidewalk "tree hole" and was admitted to the hospital, where they failed to diagnose his fractured hip.
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- #342 - EDWARD M. SWARTZ, Boston, MA
- Products Design / Anoxia - Brain Damage
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CUNNINGHAM v FISHER-PRICE - $3,100,000
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A component of the nationally advertised "LittlePeople" toy lodged in the trachea of a l4 month old, causing anoxia and permanent brain damage - one of 700,000 injuries to children annually as a result of defective toys.
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- #343 - JOSEPH M. IROM, New York, NY
- Malpractice / Blindness - Brain Damage
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RAMOS v NYC HOSP. CORP.- $4,976,000
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The damage defense of 'blue baby won't live long' did not work where the hospital conceded liability for anoxia resulting in brain damage and blindness to the infant.
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- #344 - RICHARD A. SILVER, Stamford, CT
- Hospital Malpractice / Brain Damage
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PISEL v STAMFORD HOSPITAL - $3,600,000
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A highly agitated mental patient was locked in a seclusion room and was found four hours later in a vegetative coma with her head lodged in the side-rails of the bed.
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- #346 - STEVEN T. KEEFE, JR., Quincy, MA
- Government Negligence / Quadriplegia
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COOK v MBTA - $1,500,000
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The head of an 87 year-old woman slammed into the fare box when the bus stopped before she had found a seat. T he verdict for this elderly quadriplegic equaled $220,000 annually for life.
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- #347 - BERT W. SUBIN, New York, NY
- Bus Driver Negligence / Back Injury
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DUKES v METRO SUBURBAN BUS AUTHORITY - $5,000,000
- A female bus passenger had unsuccessful back surgery after an intersection collision with a car. The bus driver lied about moving the bus back 20 feet after the accident.
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- #348 - ERNEST H. CANNON, Houston, TX
- Products Design / Auto - Death of Woman
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NOWAK v FORD MOTOR CO. - $4,400,000
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Transmission slipped out of [P] and ran over the woman who walked behind her car to shut the gate. Ford knew of the defect but failed to make a design change or to warn.
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- #349 - HARVEY WEITZ, New York, NY
- FELA / Disc - Sexual Dysfunction
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LaBARBERA v LONG ISLAND RAILROAD - $2,500,000
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In an unwitnessed accident, a Pipefitter prevailed on his claim that the extreme stretch he suffered when he slipped on a greasy ladder resulted in a ruptured disc and sexual dysfunction.
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- #350 - KAE L. BROCKERMEYER, Fort Worth, TX
- Malpractice / Brain Damage to Baby
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HAUGHT v MACELUCH - $1,500,000
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An osteopath passed himself off as an obstetrician and failed to see signs of fetal distress. The baby had permanent brain damage before a C-section was performed.
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- #401 - ERNEST H. CANNON, Houston, TX
- Railroad Crossing / Head Injury
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PIERCE v MISSOURI PACIFIC RAILROAD- $1,625,394
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Recovery for loss of mentality to the driver who didn't stop before crossing the train tracks at night but alleged no whistle and that the crossing was obscured by boxcars and a tool shed.
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- #402 - C. MICHAEL DAVIS, Houston, TX
- G.P. HARDY, III, Houston, TX
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Construction Site - Partial Paralysis
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OLIVER v BRENNAN ROOFING - $3,706,624
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A black roofer, 18, was sitting on the ground eating lunch when a roll of wire fell off the roof and severed his spine at T-12, causing partial paralysis.
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- #403 - JAMES L. BRANTON, San Antonio, TX
- Truck Collision - Death of Man
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WEST v ROCKWELL INTL.- $1,000,000
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"Autokinetic effect" of the tail lights of a truck parked off the highway created an optical illusion which directed the Plaintiff to his death in a rear-end collision.
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- #404 - G. BROCKETT IRWIN, Longview, TX
- Land Fraud / Actual + Punitive Damages
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WALKER v MEDLOCK - $1,800,000
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Frozen irrigation equipment included in the purchase price of Muleshoe Ranch didn't work after the spring thaw. The jury awarded $800,000 plus $1,000,000 in punitive damages.
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- #405 - CHARLES PAULSON, Portland, OR
- Highway Construction / Brain Damage
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McCARTHY v LANE-GUARD - $1,180,000
- Malpractice / Death of Mother
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LUCICK v McLAIN CLINIC - $1,000,000
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In McCARTHY, the award was for permanent brain damage and disfigurement to a passenger impaled on a guard rail which protruded four inches into the roadway and was not flared away from the traffic. In LUCICK, the defense (based on the time it takes for cells to double) was that this woman would have died anyway even if the doctor had promptly diagnosed her breast cancer. Two Arguments - Counts As One Selection
- #406
- WALTER UMPHREY, Port Arthur, TX
- Asbestosis - Death of Man
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MIGUES v NICOLLETTE IND.- $3,000,000
- Utilities - Death of Child
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REED v GULF STATE UTILITIES - $1,000,000
- In MIGUEZ, when a retired insulator died of lung cancer, thirteen manufacturers of asbestos insulation paid $400,000 to settle. The noncontributor paid $2,600,000. In REED, the insulation wore off a power line that sagged against a metal shed, causing the boy to be electrocuted when he crawled under the building to retrieve his Frisbee.
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Two Arguments - Counts As One Selection
- #407
- ROBERT B. WALLIS, Houston, TX
- Products Warning / Death of Man
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BUNING v REYNOLDS ALUMINUM - $1,500,000
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A remarried widow recovered for the death of a doctor from carbon monoxide generated by combustion of insulation from overheated aluminum wiring in his apartment.
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- #408 - G.P. HARDY, III, Houston, TX
- Police Brutality / Death of Minor
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WEBSTER v CITY OF HOUSTON - $1,397,400
- Texas still had pecuniary loss rule when the jury awarded $1,395,000 in punitive damages plus funeral expenses in the arrest and police execution of an unarmed 17 year old car thief.
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- #409 - JOSEPH G. HURLEY, North Hollywood, CA
- Products Design - Quadriplegia
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TAYLOR v VOLKSWAGON - $3,125,000
- Hear how Hurley didn't use an economist because of the poor work record of his teenage plaintiff but instead concentrated on the horrors of the injury.
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- #410 - JOHN W. NORMAN, Oklahoma City, OK
- Products - Auto / Quadriplegia
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LEE v VOLKSWAGON - $l,800,000
- The design of the door latch and striker plate contributed to the quadriplegia of the teenage driver ejected from his VW when the doors flew open after a low speed collision.
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- #411 - SIDNEY W. GILREATH, Knoxville, TN
- FTCA / Paralysis - Loss of Consortium
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WOLFE v UNITED STATES - $2,922,799
- A woman physician suffered permanent partial paralysis from a swine flu vaccination. The U.S. was liable under the Swine Flu Act. $225,000 was awarded to the husband for loss of consortium.
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- #412 - JAY W. DANKNER, New York, NY
- Products Design - Punch Press / Hand Amputation
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SNEED v BLISS - $2,537,000
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An unguarded Bliss punch press manufactured in 1928 crushed the hand of the 56 year old operator when it cycled again without warning.
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- #413 - FRANK L. BRANSON, Dallas, TX
- DOYLE CURRY, Marshall, TX
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Motor Vehicle / Death of Parents
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McGEE v LANE PROCESSING - $2,318,000
- When a van stopped because there was deep water on the road, a dilapidated truck hauling chickens rear-ended the van. Both parents and two of their three children drowned.
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- #414 - HOWARD K. BERRY, Oklahoma City, OK
- Drunk Driver / Amputation + Punitive Damages
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CRAIG v WALLEY and AETNA INSURANCE - $10,000,000
- A TV cable repairman was in his pickup putting on spikes when a drunk side-swiped him and caused traumatic amputation of his leg. The jury awarded $5,000,000 each compensatory and punitive damages.
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- #415 - TOXEY H. SMITH, Los Angeles, CA
- Medical Malpractice / Disfigurement
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PICASCIA v BEAUCHAMP - $2,000,000
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An infection resulting from the repair of a young woman's ruptured boil during a California doctors' strike damaged the anal sphincter, causing a fistula between her anus and vagina.
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- #416 - CHARLES MAZURSKY, Los Angeles, CA
- Insurance - Bad Faith / Punitive Damages
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WHITMORE v 20th CENTURY INSURANCE - $3,250,000
- $3 million in punitive damages was awarded against a carrier who rejected an uninsured motorist claim and refused to negotiate. The evidence showed a policy of discrimination against minorities.
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- #417 - BETTY C. LOVE, Talledega, AL
- CHARLES L. PARKS, Anniston, AL
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Insurance Bad Faith / Punitive Damages
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GOWENS v OLD SOUTHERN INSURANCE - $1,500,000
- A phony sales pitch and the refusal to pay a $208 medical claim cost $1,000,000 in punitive damages. At her behest, Love's jury took a "flame-thrower" to the insurance company.
- #418 - JAY W. DANKNER, New York, NY
- Products - Auto / Amputation - Fused Knee
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COVER v GENERAL MOTORS - $8,000,000
- The design of a '73 Chevy carburetor return spring caused the car to roar backwards down the street, pinning a man to the wall. $2 million was awarded to his wife for loss of services.
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- #419 - BOB GIBBINS, Austin, TX
- Products / Death and Punitive Damages
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WAHL v McDONNELL-DOUGLAS - $3,500,00
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USAF Pilot was killed because the ejection system had no roll and yaw stabilization. The jury awarded $1,500,000 in compensatory damages to the widow and son and $2 million in punitive damages.
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- #420 - BOB GIBBINS, Austin, TX
- Products Design / Brain Damage - Coma
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SUTPHIN v TRABACA PRODUCTS - $2,500,000
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An eloquent explanation of the nature of comas produced this verdict for a "Sweetheart of Sigma Chi" injured due to a defective motorcycle helmet.
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- #421 - ROBERT J. GLENN, Chicago, IL
- Premises Utilities - Attractive Hazard / Electrocution
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DELMURIO v COMMONWEALTH EDISON- $6,000,000
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A seven year old who climbed the power company substation in a park to watch a ball game died of electrical burns. $2,500,000 in compensatory damages plus $3,500,000 in punitive damages.
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- #422 - JOSEPH D. SHEIN, Philadelphia, PA
- Products - Asbestos / Asbestosis
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DURELL v JOHNS-MANSVILLE - $1,100,000
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J-M concealed what they knew about the dangers of asbestos and the jury awarded $1 million in punitive damages in addition to $100,000 compensatory damages.
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- #423 - STANLEY J. MARKS, Phoenix, AZ
- State Govt. Liability / Death of Child
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MAMMO v STATE OF ARIZONA - $1,000,000
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The State agency charged with protection of a two year-old ignored the divorced father's reports of child abuse; the child was murdered by the mother's boyfriend.
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- #424 - RONALD GOLDMAN, Marina del Rey, CA
- Aviation - Negligent repair / Burns
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GRADDUS v HANSON AVIATION - $1,130,000
- Shoddy repairs caused the helicopter crash. The jury found for the burned pilot against the owner who rented him the aircraft.
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- #425 - RICHARD SCHADEN, Detroit, MI
- Products - Aviation / Death of Father
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TAYLOR v GATES LEAR JET - $2,500,000
- Damage argument (liability not on this tape) asked the jury to treat the losses of the widow and four children of a 40 year old commercial pilot as five separate cases.
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- #426 - JAMES E. HULLVERSON, St. Louis, MO
- Premises - Utilities / Multiple Injuries
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GLASTRIS v UNION ELECTRIC - $1,350,000
- 7,200 volts knocked a 14 year old boy off an "attractive hazard" utility pole, resulting in the amputation of his left arm, severe scars on his stomach and a fractured hip socket.
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- #427 - SHERWIN SCHREIER, Southfield, MI
- Malpractice / Loss of Kidneys
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LONG v HENRY FORD HOSP. - $4,000,000
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Woman with life long kidney problems had successful experimental surgery marred by the loss of her good kidney by virtue of failure to diagnose post-surgical infection.
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- #428 - THOMAS J. LYONS, St. Paul, MN
- School Negligence / Burns
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SMITH v ARCHBISHOP OF ST. LOUIS.- $1,250,000
- A parochial school was liable for negligent supervision when a second grade girl backed into a candle in a window, setting her flimsy Spring Pageant costume aflame.
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- #429 - BROADUS SPIVEY and DICKY GRIGG, Austin, TX
- Extortion / Mental Anguish - Punitive Damages
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LEUKOWICZ v SULTAN - $7,500,000
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Punitive and compensatory damages were awarded against a boss who had an employee his and wife held in a Mexican jail for four months to extort a confession of embezzlement.
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- #430 - DAVID L. MATTHEWS, South Bend, IN
- Psychiatric Malpractice / Suicide
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RADZIKOWSKI v METCALF - $1,600,000
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The psychiatrist should have ordered confinement for his suicidal patient who walked out of the "open" ward, went home and killed himself.
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- #431 - VINCENT M. IGOE, St. Louis, MO
- Products - Punch Press / Four Fingers Amputated
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MURPHY v L&J PRESS - $1,000,000
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A factory employee claimed that the employer had a duty to put barrier guards on the punch press. The jury found for the first time operator who lost four fingers to the machine.
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- #432 - RICHARD D. ALDRICH, Los Angeles, CA
- Medical Malpractice / Quadriplegia
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DEDUCIS v SILVER - $4,000,000
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Plaintiff, hurt in a one car accident, gradually became permanently quadriplegic because the doctors failed to diagnose his broken neck.
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- #433 - DANIEL J. SULLIVAN, Seattle, WA
- Products - Inadequate Warning / Poliomyelitis
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McNEARY v AMERICAN CYANAMID - $1,100,000
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A mother got polio from the feces of an infant given a "live virus" vaccine. "Killed virus" (Salk type) cannot produce this result, but the manufacturer failed to warn.
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- #434 - SHELDON J. MILLER, Detroit, MI
- Premises - Trespasser / Loss of Eye
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DANNAHER v PARTRIDGE CREEK COUNTRY CLUB - $1,250,000
- A ranger on a country club golf course who had a duty to warn failed to do so. A trespasser lost an eye when he was hit by a golf ball. $250k was awarded to the wife for loss of consortium.
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- #435 - FREDERIC N. HALSTROM, Boston, MA
- Products Design / Burns
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ELIAS v FORD MOTOR CO. - $1,050,000
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A defective Mustang gas tank burst into flames when it was rear-ended by a Cadillac. Severe burns covered 45% of the Ford driver's body.
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- #436 - MARC E. GROSSMAN, White Plains, NY
- Products - Aviation and Negligence / Burns
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LUNDGREN v PIPER AIRCRAFT - $4,300,000
- A training crash resulted in burns to 40% of a student's body when the instructor froze at the controls and a defective 'landing gear up' control required two hands to manipulate.
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- #437 - ELLIOT TUCKER, Houston, TX
- Age Discrimination / Loss of Earnings
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ELLIOTT v BLUE CROSS - BLUE SHIELD - $1,132,728
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An insurance company got new blood in its marketing department by replacing five men over 40 with men in their thirties, but lost blood in this age discrimination case.
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- #438 - THEODORE I. KOSKOFF, Bridgeport, CT
- Products / Brain Damage
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SILANO v GENERAL ELECTRIC - $3,463,000
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A defective meat-saw circuit breaker zonked a 'boner' in a meat processing plant, drastically reducing his IQ.
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- #439 - WILLIAM A. TRINE, Boulder, CO
- Malpractice / Brain Damage
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ERDMANN v BASS and HINKLE - $l,953,054
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A Wyoming jury found for a brain damaged baby when doctors misread the fetal monitor and put off a C-section because of their reluctance to call an off-duty anesthetist.
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- #501 - DAVID L. PERRY, Corpus Christi, TX
- Products Auto - Mustang Gas Tank / Death of Woman
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DURRILL v FORD MOTOR CO.- $107,041,663
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$100,000,000 punitive, $2,500,000 to the estate and more than $2,000,000 each was awarded to the parents of a single woman who lingered for seven days after her Mustang gas tank exploded.
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- #502 - WILLIAM L. THORPE, Rocky Mount, NC
- Malpractice / Death of Adult Son
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FIELDS v PICKEREL - $1,750,000
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A mother recovered for the death of her 30 year old son who was a vegetable for 4 years after a surgeon gave curare in the recovery room and the nurses were unable to intubate.
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- #503 - EDWARD M. RICCI, West Palm Beach, FL
- Auto Negligence / Hemiplegia - Brain Damage
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KILANE v PROTECTIVE CASUALTY - $2,350,000
- Hemiplegia and brain damage were sustained by an unemployed housewife, 57, in an admitted liability auto accident. $l50k for loss of consortium was awarded to her 77 year old husband.
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- #504 - FRANK GANAK, Boston, MA
- CAMILLE SARROUF, Boston, MA
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Utilities Negligence / Burns
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SMITH v MASS. ELECTRIC - $1,430,000
- Massachusetts Electric had high-tension wires too close to a residence being repainted. The painting contractor was severely burned when his aluminum ladder touched the "hot" wires.
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- #505 - MICK McBEE, Dallas, TX
- Airplane Negligence / Death of Man
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DUNKLE v ASTRO-WING - $1,850,000
- Pilot error, poor altimeter maintenance and bad weather killed a boy hitching a ride back to college. Damages were awarded to the father only (the mother died before trial).
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- #506 - MEL DANIEL, Indianapolis, IN
- Condemnation / Value of Trailers
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HIGHLAND REALTY v AIRPORT - $4,l79,000
- GREGORY T. HAIGHT, Falls Church, VA
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Fraud / Punitive Damages
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SMALLWOOD v R&H PONTIAC - $2,l07,500
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In HIGHLAND, mobile homes in Indiana's finest trailer court were found to be permanent improvements and the verdict against the airport was for their full value. In SMALLWOOD, a buyer's intuition told her the demonstrator she bought had been in a wreck but the dealership lied about it. The jury punished it with huge exemplary damages. Two Arguments - Counts As One Selection
- #507
- PHIL HARDBERGER, San Antonio, TX
- Products / Death of Young Man
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MORAN v FRUEHAUF TRAILERS - $1,307,800
- The 18 year old son of divorced parents was killed when a dump trailer tipped over side-ways onto the cab of his pickup. $930,000 was awarded to the mother and $375,000 to the father.
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- #508 - DANIEL N. STEVEN, Bethesda, MD
- Malpractice / Amputations
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BEVERLY v GREATER SOUTHEAST HOSP. - $l,500,000
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Diabetes was diagnosed as gall stones and the patient's legs were gradually whittled away by surgery until both legs were finally amputated just below the knees.
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- #509 - CHRISTIAN D. SEARCY, W. Palm Beach, FL
- Railroad Negligence / Multiple Fractures
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RUSSELL v FLORIDA EAST COAST RAILROAD - $2,115,000
- A cement truck driver received multiple fractures in a crossing accident. The jury believed the expert on train speed rather than the witness who said that the driver didn't stop and look.
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- #510 - RICHARD J. CARDALI, New York, NY
- Bus-Truck Collision / Multiple Injuries
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KESSLER v SHORT LINE BUS SYSTEM - $2,600,000
- A passenger suffered a fractured spine and multiple injuries when the bus she was riding on collided with a jack-knifed tractor-trailer. The jury awarded $350k to husband for loss of services.
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- #511 - EDWARD J. MATONICH, Hibbing, MN
- Products - Forklift / Paraplegia
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KEMPA v CLARK EQUIP. CO. - $l3,673,587
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A fork-lift tipped over sideways and pinned the 19 year old driver under overhead guard. $7,900,000 punitive damage award for failure to fix known tendency to tip over.
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- #512 - R. BEN HOGAN, Birmingham, AL
- Products - Auto / Death of Two Children
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EDWARDS v GENERAL MOTORS - $4,075,000
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A Chevette doing 55 was rear-ended by a car doing 75 mph. The gas tank ruptured and the fuel fed fire burned the parents and killed both sons. The jury awarded $2,000,000 each for the deaths.
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- #513 - ROBERT HOLSTEIN, Chicago, IL
- Products Warning / Brain Damage
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BATISTE v WYETH LABS - $22,285,000
- Aminophylline suppositories given to a child for a high fever resulted in a coma and mental retardation to an IQ of less than 32. $l3,000,000 in punitive damages!
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- #514 - MARK P. ROBINSON, Santa Ana, CA
- Products - Auto Seat / Paraplegia
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