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SETTLEMENTS AND VERDICTS
The experienced trial attorneys at Hollingsworth Kelly have recovered tens of millions of dollars for clients seriously injured in catastrophic personal injury cases including car accidents, medical malpractice, wrongful death and slip and fall accidents.
Large Truck and Motorcycle Accident: Defendant tractor-trailer driver negligently turned left in front of Plaintiff’s oncoming motorcycle. Client suffered a spinal cord injury as a result of the impact. While he is able to use a walker to walk very short distances, he is primarily wheelchair bound. As a result of his injury, client has only limited function of his hands. A pre-trial offer of $1,000,000 was made. Verdict: $7,437,500.
Medical Malpractice: Nine days after giving birth by C-section, a new mother began experiencing hemorrhaging. She was transported to a hospital by ambulance in the early afternoon. Physicians identified a large amount of clotted blood in the uterus, and she was scheduled for surgery later that evening. Due to the delay in treatment, loss of blood, and administration of drugs that suppressed her breathing and heart function, she went into cardiac arrest before the procedure. She was placed on life support but never regained consciousness. She died eight days later. Confidential settlements reached with all parties.
Product Liability: A car changing lanes on I-19 made contact with a Jeep Liberty, causing the Jeep to roll over several times and come to rest in a ravine on the opposite side of the highway. Due to a design defect in the roof structure of the Jeep, the roof was crushed into the passenger compartment. The front seat occupants of the Jeep, a mother and daughter, were catastrophically and permanently injured by the collapsed roof. Confidential settlement reached before trial.
Auto Accident: After 82-year-old retiree lost control of his vehicle, he caused a head-on collision, seriously injuring a 40-year-old bank employee. Injuries to client included concussion and fractures of the hip, knee and ankle. A pre-trial offer of $600,000 was made. Verdict: $2,800,000.
Premises Liability: As a volunteer for St. Vincent de Paul, 78-year-old Plaintiff was picking up day-old bread from the rear door of a grocery store. As usual, he rang the bell and knocked, each time stepping away from the outward-opening doors. After several tries, an employee of the grocery store forcefully, and without warning, pushed the very large heavy metal door open. The man was knocked down. He struck his head on the concrete, causing severe and permanent injuries. The Plaintiff was never able to return home, walk, or converse following this incident. Confidential settlement reached before trial.
Medical Malpractice-Birth Injury: Minor child’s family practitioner was negligent during his delivery when she failed to properly and timely resuscitate him at birth. The child was without oxygen for two to four minutes after delivery, causing brain damage. Verdict: $4,025,000. Verdict affirmed by Court of Appeals. Confidential settlement reached with the hospital before trial.
Motor Vehicle Accident: Plaintiff was stopped at a red light and was rear-ended by a driver who admitted he had not seen her because he had been texting on his cell phone. The injured Plaintiff had suffered from neck, back, and arm pain in the past, but had been symptom-free for nearly two years. Following the accident, she had persistent pain and subsequently required surgery to relieve spinal cord compression. The surgery involved a cervical discectomy and instrumented fusion at C4-7. She continues to have pain and is unable to tolerate physical activities she performed before the crash. Confidential settlement reached before trial.
Child Injury/Wrongful Death: Plaintiff and his girlfriend broke up in August 2010. She and the couple’s toddler moved in with her father and his wife, who lived in Rio Rico, Arizona. Three months later around Thanksgiving, the child began to suffer suspicious injuries, including a subgaleal hematoma behind the right ear and black eyes. In January 2011 the child suffered a suspicious cut of the left wrist which was bandaged by his maternal grandfather, who is a practicing physician in Nogales, Sonora. Read more…
Large Truck Accident: Driver of a semi-truck on eastbound I-10 made an unsafe lane change, forcing client to take emergency evasive action to avoid a collision, causing her vehicle to roll four times. Client suffered serious and permanent injuries of the spine and a traumatic head injury. Her husband was less severely injured. Settlement: $2,250,000.
Auto Accident: Motorists Williams and Sherow were traveling side-by-side 80 to 90 miles per hour in an area where a two-lane road merged into a single lane. The Williams vehicle made contact with the Sherow vehicle which then spun out of control and rolled, crashing into client’s car, which had been going in the opposite direction. Client had a mild concussion and a foot injury requiring six surgeries. Settlement: $2,000,000 ($1,000,000 from Defendant Williams; $1,000,000 from Estate of Sherow).
Motorcycle Accident: The driver of an SUV turning left at an intersection failed to yield to an oncoming motorcycle that was proceeding through the intersection on a green light. The SUV collided with the motorcycle, resulting in the death of the motorcycle rider. The driver of the SUV was shown to have been using a mobile electronic device near the time of the accident. Settlement: $1,300,000.
Auto Accident: Client’s husband was en route to Laughlin, Nevada, late at night when car trouble forced him to stop in the emergency lane of I-10 near Chandler. Defendant security guard drove his vehicle toward client’s husband who was standing in front of his van. Defendant security guard pulled over and drove his vehicle in reverse toward the stranded van, where client’s husband was standing. Defendant came to a skidding halt approximately 13 feet away from the van, frightening client’s husband and causing him to run into the flow of traffic where he was fatally struck by another vehicle. A pre-trial offer of $125,000 was made. Verdict: $1,000,000 to surviving widow; $500,000 to surviving child. Verdict affirmed by Court of Appeals.
Auto Accident: A college student failed to stop at a stop sign, crossing four lanes of traffic and colliding with an emergency room physician, causing the physician’s vehicle to roll over. The doctor suffered a fractured right foot and injury to the cervical spine, requiring an anterior cervical diskectomy and fusion. Settlement: $1,200,000.
Medical Malpractice: A 49-year old woman presented to the emergency room at Northwest Medical Center with chest pain, where she was diagnosed with severe coronary artery occlusions and triple vessel disease, requiring immediate quadruple coronary artery bypass surgery. Surgery was not performed until five days later. Following a series of mistakes by various doctors and nurses, including an undiagnosed post-surgical bleed, the woman was rushed for a second emergent surgery. During the surgery, the woman’s heart stopped for a substantial period of time, resulting in her death. Confidential settlements reached prior to trial with all parties.
Medical Malpractice: Neurosurgeon Ronald Bernstein, M.D., performed a right occipital craniotomy to remove a tumor (acoustic neuroma). With little brain surgery experience, the surgeon removed portions of healthy brain tissue, mostly cerebellar, instead of removing the tumor. The patient was left in a state of quadriplegia and died two months later. Confidential settlements reached with defendant surgeon, assistant surgeon and the hospital.
Medical Malpractice: After undergoing outpatient surgery to remove a benign ovarian cyst, patient began to have complications. She started having pain almost immediately after the surgery, and was unable to urinate. The symptoms continued the following day, so she went back to the hospital. Several days later it was discovered the surgeon had nicked the patient’s ureter and bowels during the procedure. Patient had to stay in the hospital 2.5 months. She had to have a colostomy and lost her left kidney function. Confidential settlements reached with all parties.
Premises Liability/Slip and Fall: A 26-year-old kindergarten teacher was walking through a cashier lane of a local grocery store when she slipped and fell on water which had leaked from one of Coca Cola’s soft drink display refrigerators. Coca Cola’s service records for the refrigerator in question revealed it had a history of leaking four times in the prior two years, but it was never replaced. Client sustained a herniated lumbosacral disk which required surgery and chiropractic treatment. A pre-trial settlement offer of $30,000 was made. Verdict: $1,500,000. Verdict affirmed by Court of Appeals.
Horse Accident: University of Arizona art professor and dressage equestrian rider fell off her horse when her horse slipped on what appeared to be a smooth rock, causing her to suffer a spinal injury resulting in paraplegia. The grounds had apparently not been adequately prepared. Confidential settlement reached with property owner.
Motorcycle Accident: A pizza delivery driver drove negligently through an intersection causing a collision with a motorcyclist, who suffered serious and permanent injuries. Settlement: $1,000,000.
Large Truck Accident: As he approached a red light at an intersection, the driver of a large dump truck that had been improperly maintained was unable to stop the vehicle, causing him to enter the intersection at a high rate of speed and crash into a small car turning left, killing the young driver upon impact. Settlement: $1,000,000.
Large Truck and Bicycle Accident: The driver of a Ford F550 work truck struck a bicyclist who was stopped on the side of the road. The bicyclist suffered a spinal fracture requiring surgery. Settlement: $800,000.
Motor Vehicle Accident: Elderly Plaintiff was utilizing a transportation service and was being driven to a medical appointment. The driver for the service ran a red light and collided with two vehicles. The plaintiff suffered a number of serious injuries, including a broken right arm, five broken ribs, and multiple broken vertebrae. She will remain in a back brace for the rest of her life and must now live in an assisted living facility. Settlement: $500,000.
Motorcycle Accident: Defendant negligently exited convenience store parking lot, causing 29-year-old client to lose control of his motorcycle to avoid collision. Defense called two eye witnesses who claimed motorcyclist was speeding. Client suffered a fractured left clavicle, which impeded his timely college graduation and his entering the Army as an officer. A pre-trial settlement offer of $15,000 was made. Verdict: $400,000. Verdict affirmed by Court of Appeals.
Premises Liability: Upon entering a Safeway grocery store, 82-year-old client slipped and fell on a water spill caused by a store employee who was restocking bags of ice at the front of the store. The fall occurred while the employee had left the area to retrieve a mop to clean up the spill. The fall caused the client to undergo a total knee replacement, with $60,000 in medical expenses. A pretrial offer of $400 was made. Verdict: $400,000. Verdict affirmed by the Court of Appeals.
Legal Malpractice: A 44-year-old man is accused of rape. Attorney with little criminal law experience accepts appointment as defense counsel. She fails to adequately investigate evidence disclosed by the prosecution. Her client is convicted and sent to prison. During the appeals process his new attorney discovers evidence proving his innocence. Client is released from prison after five years. Malpractice claim against criminal defense attorney resulted in confidential settlement.
Auto Accident: Defendant driver ran a red light, colliding with a retired woman in her sixties. Client fractured her left thumb, sustained a closed head injury, and developed fibromyalgia. Defendant denied liability. Verdict: $450,000.
Auto Accident: Defendant ran a red light causing client, a 51-year-old woman, to T-bone his vehicle. Client aggravated a preexisting spinal injury and developed depression and anxiety disorder. She required a walker to ambulate after the accident, developed chronic pain, and was forced to end her employment. A pre-trial offer of $70,000 was made. Verdict: $447,000.
Motorcycle Accident: A driver negligently turned left at a stop sign in front of an oncoming motorcycle. The rider of the motorcycle was unable to stop in time and collided with the vehicle’s side door. The car ran over the motorcyclist’s leg, and both rider and bike were trapped under the car. The rider suffered multiple injuries and required home care for several months. In addition, the collision aggravated some previous conditions and injuries from which the rider was recovering. Settlement: $375,000.
Motorcycle Accident: Client was on his motorcycle when a taxi cab driver pulled out in front of him, attempting to turn left across several lanes of traffic. The cab driver hit the motorcyclist, who suffered a mild closed head injury. Settlement: $375,000.
Auto Accident: A driver looking at his cell phone rear ended an off-duty police officer, causing serious neck and back injuries, and exacerbation of previous injuries. Settlement: $350,000.
Personal Injury: After having mechanical work performed on his truck, client returned to the tire shop because of substandard repair work. When the tire manager refused to repair the vehicle that day, client became loud and disorderly. After the manager asked client to step outside, a scuffle ensued, with the manager throwing client to the ground. He stomped on client’s left ankle several times, causing a hairline fracture of the heel. A pre-trial offer of $25,000 was made. Verdict: $360,000.
Premises Liability: A woman was visiting her daughter at the house she rented. She stepped onto the porch to enjoy the view. As she placed her arm on the wooden railing surrounding the porch, the railing broke. She fell several feet onto the ground and landed on her head. The fall broke several vertebrae in her neck, as well as her right arm. This preventable incident resulted in her nearly complete dependence on her family to care for her. Settlement: $300,000.
Bicycle Accident: A college nursing instructor driving a state-issued vehicle turned into a high school student and amateur bicyclist who was on a training ride, causing the bicycle to hit the vehicle’s fender and the rider to catapult onto the windshield. After Defendant applied the brakes, the bicyclist slid off the vehicle, striking his head on the asphalt. The bicyclist suffered a mild head injury, resulting in post-concussion syndrome and post-traumatic stress disorder, which prevented him from pursuing his bicycling goals. A pre-trial offer of $25,000 was made. Verdict: $300,000.
Pedestrian Accident: Client, a 70-year-old woman, was leaving a store when a vehicle driving through the parking lot hit her while she was in the crosswalk. A witness told police at the scene that the victim flew back and hit her head on the pavement when she was hit by the car. Client sustained a mild brain injury. Verdict: $250,000.
Pedestrian Accident: Client, almost 80 years of age, was leaving a sandwich shop when she was hit by a car in the parking lot, suffering a hip fracture that required surgery. Settlement: $224,000.
Auto Accident: A driver who failed to yield the right-of-way struck 86-year-old client, causing a five-car accident. Client sustained a fracture of the sternum and the right ankle, and a laceration on her right arm. Settlement: $250,000.
Premises Liability: While visiting Defendant’s home on Christmas Day, client exited the residence through the kitchen door and tripped and fell over a PVC pipe which Defendant had set across the concrete sidewalk to drain water from his washing machine. Client sustained a radial head fracture of the left elbow, a sprained left wrist, a bruised right knee, a hip injury, and exacerbation of a preexisting back injury. A pretrial offer of $25,000 was made. Verdict: $165,000.
Dog Bite: A man walking to the trash can in the alley behind his house was attacked without warning by his neighbor’s pit bull dog. During the attack, the dog bit off the tip of the man’s right index finger. Settlement: $101,000.
