A 50-year-old male client suffered severe personal injuries as a result of a trench collapse on a construction site. The man suffered a ruptured spleen and pancreas, sustained 11 broken ribs, a collapsed lung, disc fractures and a shoulder impingement. The severity of his injuries required emergency surgery and left him permanently disabled by the Social Security Administration. Scherr Legate proved at trial that the construction company was negligent and responsible for inadequate trench safety measures when the trench collapsed crushing the man. The jury verdict was over $4 Million.
A mother and her 8-year-old daughter were struck and killed by a Union Pacific train as they walked along the tracks near their lower valley home making their way to deliver lunch to the woman’s husband. The train tracks, which align their neighborhood, are crossed daily by residents in the nearby area to reach schools, local businesses and medical facilities. It is believed that the mother did not see the train as she held an umbrella while walking in the direction of the sun. Scherr Legate also argued numerous points that showed Union Pacific could have prevented this tragedy but chose not to, including its ability to stop 1700 feet away before the impact. The jury awarded our clients $34Million, at the time, the largest single-family verdict against Union Pacific.
Over a 20-year-period, a woman who had worked for various state agencies was allegedly terminated after she filed a worker’s compensation claim while she was injured on the job. She had been with her current employer, the Texas Department of Family and Protective Services for two years. Scherr Legate proved that the department violated the terms of the Workers Compensation Act in training its supervisors regarding the policies associated with Worker’s Compensation. The jury verdict was $250,000.
A 55 year-old woman was in town visiting her daughter and her granddaughter, age 7. That morning the grandmother decided to walk her granddaughter to the designated school bus stop. On the way to the bus stop, while walking on the sidewalk just past a private driveway, both the grandmother and the granddaughter were struck by a company truck owned and operated by GeoShack. As a result of the impact from the truck, the grandmother and was rushed to the hospital having to endure three surgeries to her head over the next three months to help decrease the swelling to the brain. Unfortunately, the grandmother succumbed to her injuries and passed away. The granddaughter was also taken to the hospital on the date of the accident for minor physical pain, but endured several years of psychological treatment for what she witnessed the day of the accident. GeoShack denied that he granddaughter was involved in the incident. Scherr Legate proved through testimony that the driver was on the job and also the granddaughter’s injuries were a result of the accident. In the end, Scherr Legate settled the case for $2Million.