Our Cases: Premises Liability
Premises Liability Cases:
ELECTROCUTION AT
APARTMENT COMPLEX
A maintenance worker was fatally burned by an exposed electrical
wire. The father and husband lived in severe pain approximately
three weeks after the explosion. The El Paso utility company
and the man's employer settled the lawsuit brought by the
Branson firm.
“This was a difficult case; Branson’s office pursued it with enthusiasm and tenacity, and got us where we needed to be.”—Tony Martinez, Referring Attorney
WORK PLACE INJURY
RESULTING IN REFLEX SYMPATHETIC DYSTROPHY
Reflex Sympathetic Dystrophy resulted from a leg injury which
a young man suffered while at work. His employer, a non-subscriber,
refused to modernize its plant and equipment.
“Frank’s firm kept working
this case long after the defendants gave up. He forced them
to pay many times more than they ever imagined the case was
worth.”
—Sam Faddoul, Kevin Glasheen, Referring Attorneys
EMPLOYER NON-SUBSCRIBER
Tyler Morning News (10/22/97)
“East Texas Woman Struggling to Recover from Serious
Forklift Accident”
“A Van Zandt County judge awarded her millions last week to make up for the day two years ago when a forklift fell off a flatbed trailer and crushed her. But that’s not going to bring her left leg back."
Hospital Faces $6.1
Million Suit Judgment
Dallas Morning News (9/19/97)
“A Dallas County jury awarded $6.1 million in damages against Baylor Medical Center in Garland after finding it grossly negligent in failing to prevent the beating death of a pharmacist.” Jerry White, an attorney with the Law Offices of Frank L. Branson, who represented the victim’s family, said, “To describe what they had out there as a security system is a farce.
ABDUCTION FROM CONVENIENCE
STORE; MURDER
Settlement reached
in Northrup case
Fort Worth Star-Telegram, Waco Tribune-Herald (10/3/92)
The family of Melissa Northrup, who police say was abducted from the convenience store she worked at, and then killed, will receive $4.5 million in a settlement with Quik-Pak Stores, Inc. She was allegedly killed by Kenneth McDuff, a paroled killer who worked at another Quik-Pak store.
The owner of the convenience store chain, Bill Dameron, was accused of "conscious indifference and heedless and reckless disregard for the safety and welfare," of 22-year-old Northrup. Dameron allegedly removed the video surveillance equipment, burglar alarm, and door sensors that were all there when he bought the company. The judge decided that Dameron did not provide the security necessary for a business that has irregular hours.
McDuff is also accused of killing Valencia Johnson, whose body was found in a shallow grave near his home. He was scheduled to be executed for the 1966 killings, but had his sentence commuted when the US Supreme Court banned corporal punishment.
PRODUCT DEFECT/OPERATOR NEGLIGENCE OF STATE FAIR RIDE
Second car on State
Fair ride more dangerous than one that broke off.
Dallas Morning News, Dallas Time Herald (11/7/83)
Engineers found car no.19 on the Enterprise ride was more dangerous than the one that killed one and injured 16. Car no. 1 ripped free of the ride on October 17, killing William (Wade) Phillips, 19, of Allen, and seriously injuring his brother, Marion (Tim) Phillips, 23, and Michael Olivarri, 7.
According to an anonymous engineer, car no. 19 could've broken loose as well. He said it appeared that there was a previous failure in the car, though he could not saw whether the ride was damaged before the accident or during the accident.
Frank L. Branson, the Phillips family's attorney, said car no. 19 looked "terribly suspicious." He said that the ride appeared to have been welded several times, and that someone tried to "fix" it instead of repairing it. He has requested that the US Consumer Product Safety Commission shut down all Enterprise rides.
CPSC
ruling called inadequate, State Fair cancels enterprise ride
Fort Worth Star-Telegram, Dallas Times
Herald, Dallas Morning News (5/11/84)
The Consumer Product Safety Commission ordered the owner of the Enterprise to upgrade key structural components on the ride, and called for continuous maintenance. Despite the ride's popularity, the State Fair has chosen not to have it this year.
Dallas attorney Frank Branson is disappointed with the CPSC's ruling, saying it falls short of what is needed. He says that though several structural problems still exist on similar rides, it is a step in the right direction. Nancy Steorts of the CPSC agrees with Branson, issuing a statement arguing that the regulations should require more changes of the rides' structures.
The terms of the agreement between Huss, the manufacturer, and six Enterprise ride owners are:
Settlement reached
between Phillips family and State Fair, Enterprise owners
Dallas Morning News, Times Shreveport-Bossier City, Atlanta
Constitution, Lubbock Avalanche Journal, Fort Worth Star-Telegram
( 5/21&22/84)
The settlement reached between the State Fair and the family of a teenager killed on a ride may set records. The family is set to receive $20 million over the next 30 years. This number will increase to $31 million if Tim Phillips, who was injured on the ride, lives another 50 years. The previous record for a personal injury settlement was $26.5 million.
Tim Phillips said "I'm still really grieved at the way they handled the whole deal. They didn't even call to tell us they were sorry or nothing like that. All they were worried about was that stupid ride and how much money it was bringing in."
The Phillips family's attorney, Frank Branson, claims that the settlement is a warning to ride operators and owners to clean their acts up.
State Fair adopts
new ride-safety measures
Dallas Morning News
The following safety measures will be taken
at the State Fair to prevent a repeat of the October 1983
that killed someone:
1. The winters before the fair, all rides will be thoroughly inspected, including having the decorative coverings taken off to inspect joints and frames.
2. Mandatory maintenance logs will be kept on all rides, and will be presented to Fair officials before the opening of the rides.
3. An inspector will stay at the park and make continuous inspections during the Fair.
4. Safety plans will be evaluated by a state official from Maryland, which has the strictest standards of all states.
5. The midway will be closed until noon on Tuesdays, Wednesdays, and Thursdays during the fair for inspections.
6. A Midway Guest Relations station will be established to handle complaints and suggestions about ride safety.
State Fair
gets tough on rides
Dallas Morning News (9/9/84)
The State Fair has gone to great lengths to insure the safety of its guests by setting safety guidelines so strict, they are being considered a national model. The fair has assembled a team of experts from around the country to inspect all the rides that will be at the fair this year. According to the State Fair General Manager, Wayne Gallagher, "we went to them and said, 'Please take everything apart, take the grease off and let us look at all critical points.' We inspected everything. The rides were disassembled. The covers came off. And we checked it by the book. As far as I know, that's never been done before in the industry."
The team will inspect 21 permanent and 25 mobile rides before the fair starts. An inspector will be kept on permanently during the fair. He will shut down the rides three mornings a week for inspections. A guest relations booth will also be set up to handle customer complaints, concerns, and comments.
Other Premises Liability Cases
Premises Liability/General Negligence
Premises Liability/Electrocution and Burns
The Law Offices of Frank L. Branson, P.C. does not offer any guarantee of case results. Past success in litigation does not guarantee success in any new or future lawsuit. Our web site describes some of the cases that the attorneys of Law Offices of Frank L. Branson, P.C. have worked on in the past. Our description of those cases is summary in nature. You should be aware that the results obtained in each of the cases we have worked on was dependent on the particular facts of each case. The results of other cases will differ based on the different facts involved.
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