Frazier v. Cessna Aircraft Co., consolidated with Ferguson v. Cessna Aircraft Co., Superior Court, Pinal County, No. 179 402; 132 Ariz 47, 643 P.2d 1017 (Ariz. App. 1981); 132 Ariz. 38, 643 P.2d 1008 (Ariz. 1982).
This case resulted from the crash of a Cessna 210L (Centurion) on the Island of Martinique. The occupants were looking for sites to install radio towers in connection with the Church of Christ Ministry. The French government recovered the aircraft wreckage and did destructive testing in an effort to determine why it broke apart in midair. It would not release the wreckage or make anyone available for deposition testimony. It did, however, provide numerous photographs of the wreckage. Plaintiffs' counsel traveled to Martinique and interviewed ground witnesses who saw the aircraft break up in clear weather, and subsequently deposed some of those witnesses. Plaintiff's reconstruct expert was sent to Martinique and he was able to locate certain wreckage from the jungle that the French authorities had overlooked. Some of this wreckage was deemed significant in connection with his findings.
Plaintiffs were successful in establishing that the cause of the accident was a loose aileron cable, which resulted in aileron flutter, which is a vibratory process which caused the wing to self-destruct. Plaintiffs contented that if the aileron were properly balanced, it would not have gone into a flutter mode. This case involved extensive document production and deposition testimony, as well as complex expert analysis of the wreckage. Cessna brought an entire section of a 210 aircraft into the courtroom for demonstrative purposes. Plaintiffs were successful and received a substantial verdict after a two week trial. The case was affirmed on appeal. This is the only case in the nation where Cessna was held liable for aileron flutter in its 210 aircraft.
David Quinn v. Brazil Current Shipping, et al., USDC EDLA No. 86-4178 "L"(5) c/w No. 86-4224 "L"(5).
This case involved serious personal injuries to David Quinn, who was off-loading the vessel M/V MERIAN. Part of the cargo consisted of large steel discs, which are used as tops to barrels. During the course of the voyage, the cargo had shifted, and during the unloading process a container of these discs fell, causing the discs to fly toward David Quinn and to amputation of his leg. The cargo involved was loaded at Rio de Janeiro and brought to the United States. The vessel called on the port in Mobile prior to coming to New Orleans. During the course of the case, a complex analysis of the weather was done to show all wave action to which the vessel would have been subjected, including weather in the Rio harbor. Computer analysis of the vessel was done to show vessel movement which would have resulted from the weather and sea conditions encountered. Plaintiff's counsel was prepared to demonstrate that the stowage plan was inappropriate for this cargo, which resulted in its shifting during the voyage. A lengthy deposition was taken of the German vessel captain through a translator. A deposition was also taken of the superintendent of cargo concerning the interim stowage and the duties involved. The depositions taken were lengthy and involved numerous technicalities related to methods of stowage, which included issues related to dunnage, lashings and chocking of the steel disc cargo. Defendants filed motions for summary judgment based on Scindia Steam Navigation Co., Ltd. v. De Los Santos, 41 U.S. 166, 101 S.Ct. 1615, L.Ed.2d (1981), claiming no duty was owed to plaintiffs. Plaintiffs were successful in defeating defendants' motion for summary judgment. The case settled for a substantial sum prior to trial.
Linda A. Perret v. Timothy Webster, et al., Civil District Court, Parish of Orleans, State of Louisiana, No. 81-18039 "I"(4); 498 So.2d 283 (La. .App. 4th Cir. 1986).
Linda Perret suffered serious personal injuries when a bus driver waved an auto out into the path of plaintiff's vehicle. Plaintiff successfully convinced the court to adopt the assumed duty doctrine which was first enunciated in Harris v. Pizza Hut of LA, Inc., 455 So.2d 1364 (La. 1984). The jury returned a verdict of $500,000. Defendant appealed on liability and quantum. Plaintiff cross-appealed on quantum and at the appellate level was successful in having the appellate court raise the $500,000 award to $897,147.93.
Bobby Windham v. Offshore Painting Contractors, Inc., et al., USDC EDLA No. 78-3063, consolidated with Michael E. Wiley, et al. v. Offshore Painting Contractors, Inc., et al., 711 F.2d 602 (5th Cir. 1983), affirmed, 716 F.2d 256 (5th Cir. 1983), rehearing en banc denied.
These were consolidated cases which involved serious personal injuries, which resulted from the venting of a pressure vessel on a fixed production platform due to the malfunction of a pop-off valve. Plaintiffs were further able to show the pop-off valve malfunctioned due to a metallurgical defect in one of its components. The venting line ran over the side of the platform and down onto the area where boats customarily docked. A boat was docked in the area performing sandblasting operations. It served as an ignition source for gas that was vented. The vessel became incinerated. Plaintiffs were able to establish that the plans for the platform called for a venting system different than what was installed, which apparently was done as a field modification to the plans. Plaintiffs were further able to show that the proper method of venting would be to use a swing arm which would allow the gas to be vented away from the platform in a downwind direction. Defendant Chevron appealed. The Fifth Circuit found that the appeal by Chevron was frivolous, affirming the judgments of the trial court. This case was used as a basis for a trial demonstration during an ABA Convention. It was further used as the basis for a lecture to Professor Carbonneau's product's liability class at Tulane Law School.
Marlene Shadrick, as personal representative of the Estate of Lester Shadrick, deceased v. Pratt & Whitney Canada, Inc., United States District Court for the Western District of Louisiana No. CV01-1512-LC
This wrongful death action is brought by Marlene Shadrick, the widow of Lester Lee Shadrick, as personal representative of the Estate Lester Lee Shadrick. Mr. Shadrick was a pilot in command of a Bell model 412 helicopter that crashed near Cold Springs, Nevada due to engine failure. Mr. Shadrick died in the crash; he was 52.
The accident involved a helicopter which crashed on a firefighting mission in Nevada on August 13, 2000. The crash killed the pilot, Lester Shadrick, and destroyed the helicopter. Defendants argued that the accident was the sole fault and negligence of the pilot in carrying waterloads which exceeded the gross weight limitations of the aircraft. Plaintiffs were able to demonstrate that the crash occurred when a compressor turbine disk (CT disk), a critical component in one of the helicopters twin engines, suffered catastrophic metallurgical failure during flight. Failure of the CT disk initiated a sequence of events which caused both of the helicopters twin engines to lose all useful power in just a few seconds. Discovery showed that the maintenance facility had inspected the disk and concluded that the disk would have to be replaced and could not be polished and safely returned to service. It was red-tagged to be returned as scrap, however, a decision was made to override this designation and the disk was polished and returned to service. The helicopter crashed on a hillside site in a remote Nevada desert.
A confidential settlement was reached with the maintenance facility that performed the engine overhaul and placed the disk in service. The plaintiffs then proceed to trial against the manufacturer of the engines, Pratt Whitney Corporation, alleging that there was a design failure in that both engines ceased to operate as opposed to having redundancy with two engines, one of which was sufficient to sustain flight. After a two-week jury trial and while the jury was deliberating, plaintiff’s were able to settlement for a substantial sum which, again, is subject to a confidentiality agreement.
Jeremy Racine, Individually And As Personal Representative Of The Estate Of Alex Racine, Deceased, And Jacqueline Racine V. Rpm Pizza, Inc., A Mississippi Corporation, Liberty Mutual Insurance, Co., A Foreign Corporation, Trevor Lecompte, A Citizen And Resident Of Louisiana, And Us Agencies Casualty Insurance Company, A Foreign Corporation, United States District Court for Western District of Louisiana, Lake Charles Division, No. CV04-0036
Involved a lawsuit by the parents of Alex Racine who was five years old at the time he was run over and killed by a Domino’s Pizza delivery person. At the time of the accident, Alex was belly surfing on a skate board across the street from the residence. Defendant’s position was that the driver of the car could not see Alex since he was on his belly on the skate board and alternatively, that Alex was guilty of contributory negligence. The defendants also claimed that the parents had not supervised Alex and were also negligent.
Plaintiffs asserted that at five years of age, Alex was incapable of contributory negligence. Plaintiffs also hired an accident reconstruction expert who was able demonstrate through computer analysis that there was ample time to see Alex prior to striking him. This case settled for a substantial amount of money just prior to a scheduled jury trial.
Felicie Ray and Raymond Ray, individually and on behalf of their minor child, Raymond Ray, Jr., v. Gomila Paul Francis Gomila, et al., 1991-14075 in the Civil District Court for the Parish of Orleans, State of Louisiana
This case involved a minor child, Raymond Ray, who ran across the street and into the path of defendant’s vehicle. Defendant fled the scene after the accident and returned after further reflection on what had occurred. Raymond Ray suffered serious injuries including a closed head injury.
Plaintiff was also able to establish that defendant was speeding at the time of the accident. Plaintiff was able to demonstrate through a reconstruction expert that the defendant, if compliant with the speed limit, would have had ample time to see the minor child and would have been able to avoid striking him.
A substantial settlement was reached in which a trust was established to provide for Raymond Ray for the remainder of his life including living and medical expenses.
William R. Wade v. Horizon Vessels, Inc. and Horizon Offshore Contractors, Inc., United States District Court for the Eastern District of Louisiana, Civil Action Number 04-1193, Division “A”
William Wade was working for defendant Horizon as a welder on board the vessel Horizon Atlantic. He was a Jones Act seaman. He was dropped from a work basket into the water due to the failure of a braking mechanism of a vessel crane. Mr. Wade suffered severe injuries to his lower lumbar area which resulted in spinal surgery at the L4-L5 level.
Shortly before trial, the parties reached a settlement for a substantial amount in resolution of this claim.
Jo Ann Freeman, on behalf of the decedent, Ben Joe Freeman v. Pride International, Inc., Applied Drilling Technology, Inc., Global Santa Fe Corporation and The William G. Helis Company, L.L.C., United States District Court for the Southern District of Texas, Galveston Division, C.A. G-02-501
Jo Ann Freeman as the personal representative and surviving widow of Ben Joe Freeman (Decedent) brought this cause of action for wrongful death under the Death On The High Seas Act. Ben Freeman while providing consulting services to ADTI through as a drilling consultant or drilling foreman aboard a jack-up drilling barge or special purpose vessel (MARINE 4) owned and operated by Marine Drilling Companies, Inc. when a blow-out gas occurred which required an emergency evacuation of the vessel. Ben Joe Freeman was assisting other crew members evacuate the vessel immediately prior to his death, however, he was not included in those evacuated. Mr. Freeman’s body was never recovered. The case settled for a substantial sum.
Gregory Washington v. Transocean Offshore Deepwater Drilling, U.S.A., Inc., United States District Court for the Eastern District of Louisiana, No. 04-1192 “C” (5)
Gregory Washington while serving as a roustabout with Transocean serving on a drill ship known as the Deepwater Millennium was seriously injured when a riser joint protector fell and struck his shoulder and right ankle. As a result of this accident, Mr. Washington sustained an extremely serious crush injury to his left ankle. Due to the severe damage done to Mr. Washington’s ankle and the progressive deterioration which his treating physician predicted, Mr. Washington’s work at the level prior to the accident would be restricted and his loss of wages could increase. He also has considerable pain and suffering and his disability has severely limited his mobility.
This case was settled prior to trial for a substantial amount.
Cindy Marie Lindsley v. Wilco Marsh Buggies & Draglines, Inc., et al. United States District Court for the Eastern District of Louisiana, No. 04-0081 Section R
This claim was based on sexual harassment and Title VII of The Civil Rights Act. This matter was settled prior to trial. Terms are confidential.
In re: Chemical Release at Bogalusa, Twenty-Second Judicial District Court for the Parish of St. Tammany, State of Louisiana, Number 73-341, Division C, Class Action proceeding
This claim concerned a class action claim which was brought as a result of the negligent release of cloud of nitrogen tetroxide. A railroad tankcar began leaking nitrogen textroxide at the Gaylord Chemical plant in Bogalusa, Louisiana. The release continued for a period of twenty-four hours. Individuals in the area developed eye, ear, nose and throat irritation, suffered pulmonary distress, skin rashes, and other injuries as a result of this chemical release. After many years of litigation, the case settled for a multi-million dollar figure.
Please click here to contact us
