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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:
- Update the critical parts of
the rides that failed in the State Fair accident.
- Inspect the rides each day for cracks in the steel.
- More thorough inspections at least every 30 days, and
completely take them apart at least once each year.
- Maintain detailed maintenance records.
- Post signs stating weight limits for rides.
- Immediately
shut down any rides with defects upon inspection.
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.
TOP
Other Premises Liability Cases
- Premises
liability/inadequate security case involving sexual assault
of 24 year old girl (2005)
- Premises
liability/slip and fall (2003)
- Premises
liability/theater guest shot in parking lot in East Texas
(1996)
- Sexual
Assault at apartment complex (1993)
- Sexual assault
at apartment complex (1992)
- Sexual assault
at motel (1991)
TOP
Premises
Liability/General Negligence
- Child molestation by employee (1994)
TOP
Premises
Liability/Electrocution and Burns
- Premises liability/gas explosion (1997)
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