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KBR/DBA CASES

  • Perry B. Monroe, II, Individually, and As Representative of the Estate of Christopher T. Monroe, Deceased v. Erinys, a/k/a Erinys International a/k/a Erinys Iraq Limited


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    On October 25, 2005, Christopher Monroe, a U.S. soldier deployed in Iraq, was ordered to take part in a mission to recover a disabled HMMWV. In the best tradition of the U.S. Military, Christopher’s unit stopped to render aid to an Iraqi citizen who had been involved in a single car accident, ejected from his vehicle and had severe wounds. Christopher’s unit set up a security checkpoint at the rear of the convoy. The front of the convoy traveled approximately one half mile from the rear security checkpoint and stopped to provide security. Christopher’s 5 ton vehicle which was towing the disabled HMMWV was not armed. Christopher maneuvered his vehicle across the road so that the towed HMMWV’s weapon could be used for security. Christopher then took a position in front of his vehicle in the median.

    Defendant Erinys, a British private security contractor, left Basrah, Iraq at approximately 8:00 a.m. on October 25, 2005, to travel to Tallil, Iraq for a vehicle maintenance mission. After completing their mission at approximately 5:00 p.m., they departed from Tallil to return to Basrah. At approximately 6:10 p.m. to 6:15 p.m., they encountered the rear-security checkpoint established by Christopher’s convoy.

    The Erinys PSD Team was on a non-combat trip with no “protected persons.” The Erinys PSD Team was stopped twice by U.S. Forces and was informed that the remainder of Christopher’s convoy was ahead. The driver of the second PSD vehicle, stated that the team leader told everyone to proceed with caution because there were communication problems between the soldiers at the checkpoints.
    Although the Erinys PSD Team was stopped twice by U.S. soldiers and informed that the rest of the convoy was ahead they still proceeded forward at a high rate of speed estimated by some U.S. soldiers to be between 70 mph to 80 mph in very dark conditions. The PSD team leader stated that the policy for speed limits for his team was 120 kph or approximately 74 mph.

    As the Erinys PSD Team initially approached the rear checkpoint of the convoy, their headlights were on. However, after receiving permission by the U.S. Soldiers to proceed with caution the Erinys PSD Team turned their headlights off but left their parking lights on. The soldiers at the front of the convoy with Christopher could not see the Erinys convoy because they had unnecessarily turned off their headlights. The soldiers at the front of the convoy had placed glow sticks in the road for safety.

    Even though warned that the remainder of the U.S. convoy was ahead, the Erinys Team with reckless disregard, accelerated to a high rate of speed and struck Christopher with their armored Suburban, traumatically amputating his right leg. Christopher was thrown approximately 30-40 feet in the air causing additional injuries, eventually leading to his death. The Erinys Suburban then struck the 5 ton vehicle causing so much damage that it had to be abandoned after being fire bombed.

    Christopher fought valiantly for his life for almost two hours, and after receiving emergency care from his fellow soldiers, he died on a Medavac helicopter en route to Shalib Airbase. With his last words and strength, he spoke lovingly of his family. Christopher served honorably in Iraq. At the young age of 19, he was rated so highly he was in line to be promoted to Sergeant. He was ultimately promoted posthumously. He was proud to serve in Iraq along side all of the other courageous and selfless members of the U.S. Armed Forces. He believed his mission and his service was important to his Country and family.

    Attorneys were Mark Midani and Toby Cole
    U.S. District Court, Southern District of Texas, Houston Division
    Civil Action No.: 4:07-cv-03528



Case settled in September 2009 for $1,999,999.00.






AUTOMOTIVE

  • The Estate of Robert Preston Nunn, Deceased, et al. vs. Interline Brands, Inc., et al.


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    On November 3, 2006, Robert Nunn was operating a tractor-trailer northbound near Waco, Texas. Also traveling northbound was a driver for Interline Brands in a delivery truck. Nunn was traveling in the far left lane while the driver for Interline was traveling in the center lane.  The delivery driver unexpectedly started to drift into Nunn’s lane of traffic. As Nunn attempted to evade making contact with the delivery truck he lost control veered through the median jumped the concrete divider and then and then struck an oncoming tractor-trailer traveling southbound head-on. Upon impact the cab of Nunn’s tractor-trailer caught on fire, Nunn was trapped and burned to death. 

    Attorney was Mark Midani
    67th Judicial District Court, Tarrant County, Texas
    Cause No. 067-229954-08



The case settled prior to trial for a confidential amount in May 2009.




  • Pre-suit Settlement


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    On January 31, 2007 a gentleman from the Middle East was doing business in Houston.  While he was driving a vehicle he was violently struck by another car.  As a result he sustained serious injuries to his neck, back, face and right hand.  He was ultimately diagnosed with a concussion, head and arm lacerations and a deep 15 cm laceration to his palm exposing the nerve structures, tendons and the fascia.  He incurred approximately $41,000.00 in medical expenses. 

    Attorney was Mark Midani.



Prior to a lawsuit being filed the case settled in May 2008 for $430,000.00.




  • Larry Allen vs. Central Hauling Company, Cal Ark International, and Roberto Uribe


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    Our client, Larry Allen, while driving an eighteen-wheeler was involved in a motor vehicle accident with another eighteen-wheeler. As a result of the accident Larry had an MRI, which revealed a herniated disc at L5-S1. Larry attempted conservative treatment but ultimately had to undergo a back fusion at L5-S1. Larry incurred approximately $118,000.00 in medical expenses. Larry was 45 years old at the time and his estimated lost wages were $1,300,000.00.

    Attorneys were Mark Midani and D’Ann Hinkle
    District Court of Webb County, 406th Judicial District
    Cause No. 2005CVT001397- D4



The case settled for a confidential amount in July 2006.




  • Tyson Don Dever vs. Yarrington Road Materials, L.P., H. Coleman Management, L.L.C., et al.


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    On March 11, 2005, Tyson Dever, 22 years old at the time, was rear-ended by a concrete truck while waiting to make a left turn.  As a result Tyson was paralyzed from the waist down.  Tyson’s medical expenses were approximately $420,000.00; estimated lost wages (past & future) were $1,300,000.00; future medical care was estimated at $4,272,000.00.

    Lead attorney was Toby Cole
    22nd District Court of Hays County, Texas
    Cause No. 05-1177



The case settled before trial for a confidential amount in April 2008.




  • Christin Vaught, Individually and Christin Vaught, as Personal Representative of the Estate of Kevin Vaught, Deceased v. Kenco Group, Inc., Larry Welch, et al.


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    Kevin Vaught was killed when he went to assist an eighteen-wheeler that was stopped in the right hand lane of traffic due to dense fog. Due to the actions of the eighteen-wheeler, and lack of visibility, two subsequent eighteen-wheelers and several cars collided into the parked eighteen-wheeler. There were multiple fatalities, including Kevin Vaught, whose wife, Christin Vaught and Estate we represented. Kevin Vaught had just turned 21 a week before he was killed. Christin and Kevin had been married for six months.

    Expert testimony estimated Kevin’s lost earning capacity at $1,721,942.00 and loss of physical support to Christin, who is a paraplegic (not as a result of this accident), by Kevin was estimated at $2,374,595.60.

    Lead attorney was Toby Cole
    172nd District Court of Jefferson County, Texas.
    Cause No. E-172-552



The case was settled for a confidential amount in March 2007.




  • Jake Ryan Flores vs. Cementville Laboratory, Ltd. and Cementville Laboratory Management L.L.C


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    Our client, Jake Flores, was involved in an automobile accident after becoming dangerously intoxicated at Defendant’s bar. Jake was given dozens of drinks for free and was allowed to drink well after 2 a.m. On his way home he lost control of his vehicle, struck a tree and became paralyzed. Jake’s blood alcohol level at the hospital, hours after the accident, was .237 almost 3 times the legal limit. We file a lawsuit pursuant to the Dram Shop Liability Act.
    As a result of the accident Mr. Flores became a paraplegic. His past medical bills exceeded $200,000.00. A life care planner established that Jake’s medical care throughout the rest of his life would cost approximately $4.2 to $5 million. Mr. Flores’ lost wages were estimated between $1.7 to $3 million, according to a vocational rehabilitationist.

    Lead attorney was Toby Cole
    407th District Court, Bexar County, Texas
    Cause No. 2005-CI-14716



Jake’s case was settled in December 2006 for a confidential amount.






CATASTROPHIC
INJURIES

  • Esther McLendon vs. Massoud Bina, M.D., Sreenivasulu Cherlo, et al.


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    In March 2000, Dr. Cherlo became Ms. McLendon’s (at the time she was 68 years old) primary care physician in Cleveland, Texas were she lived and Dr. Cherlo practiced internal medicine.  During her second office visit Ms. McLendon complained of numbness and tingling down her left leg.  Dr. Cherlo referred her to Dr. Bina, a neurologist.  Dr. Bina did a nerve conduction study test and an MRI.  In early May, Dr. Bina reported to Ms. McLendon that both tests were inconclusive but she may have a chronic metabolic condition or a variation of a motor neuron disease and suggested that she may seek a second opinion at the ALS Clinic at Methodist Hospital in Houston. Ms. McLendon was released back to Dr. Cherlo.  At that point Dr. Cherlo and Ms. McLendon believed she had ALS and proceeded on that assumption (a/k/a Lou Gehrig’s disease).  Ms. McLendon never got a second opinion. From May 2000 until the middle of July 2000, Ms. McLendon gradually began to lose her ability to walk.  In the middle of July she was completely bedridden.  After Dr. Bina released Ms. McLendon back to Dr. Cherlo, Dr. Cherlo never physically saw her again.  Dr. Cherlo would prescribe her medication and durable medical equipment per her requests.  He also prescribed her home healthcare.  In late January 2002, a hospice nurse stated to Ms. McLendon that it did not appear that she had ALS because she had full upper body strength.  Another doctor who practiced in Cleveland made a home visit to Ms. McLendon’s home and agreed with the nurse’s assessment.  The doctor sent her to UTMB – Galveston.  Ms. McLendon had an MRI at UTMB and it reveled a meningioma (non-cancerous tumor) growing on the thoracic area of her spine.  The tumor was removed, but the damage to Ms. McLendon’s spine had left her paralyzed from the middle of her back down.
    Ms. McLendon incurred approximately $200,000.00 in past medical care.

    Attorney was Mark Midani
    151st Judicial District of Harris County, Texas
    Cause No. 2003-36089



On July 20, 2007, after a six-day trial the jury returned a verdict against Dr. Bina for a total of $1,650,000.00.




  • Willie E. Williams v. The Home Depot U.S.A.


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    On August 20, 2009, Willie Williams, a sixty-eight year old man, was in a Home Depot store to purchase window covering for a door he had recently purchased. As Mr. Williams was escorted down an isle a residential door that was hanging approximately 10 feet from the floor, dislodged and struck Mr. Williams.   When Mr. Williams extended his arms in an attempt to deflect the door, part of the door severely lacerated his left hand severing tendons and fracturing several fingers. Subsequently, Mr. Williams had a surgery to repair and reconstruct several fingers on his left hand. Mr. Williams incurred approximately $55,000.00 in medical expenses. His treating physician opined that he would have very limited use of his left hand.

    Attorney was Mark Midani
    United States District Court for the Southern District of Texas, Galveston Division
    Cause No. 3:10-cv-00079



Case settled in June 2010 for a confidential amount.






SEXUAL
HARASSMENT

  • Erika Green vs. AutoNation, Inc., Mercedes Benz of Houston South - Greenway, Mercedes Benz of Houston North


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    Erika was a customer relations manager for a Mercedes Benz dealership in Houston. In May 2000 a co-worker sexually harassed Erika. There was also a dispute regarding a bonus that she was suppose to receive. Erika and the company entered into a confidential settlement agreement that resolved both claims. Erika remained employed with the dealership. Shortly thereafter, Erika was transferred to another Mercedes Benz dealership that was approximately an hour further from her house, her pay was reduced, she was transferred to another department and she began to receive disciplinary write-ups for not being at her desk. Despite attempts to resolve the issues with the human resource department, Erika was fired in October 2001. Erika brought a lawsuit against the dealership for discrimination based on race and gender and alleged retaliation.

    The dealership filed a Motion to Compel Arbitration based on an arbitration agreement Erika had signed with the previous dealership. The trial court denied the dealership’s motion. The dealership filed a Writ of Mandamus with the First Court of Appeals – Houston District, in an effort to get it to order the trial to compel the parties to arbitration. The First Court of Appeals affirmed the trial court’s ruling.

    Mark Midani and Toby Cole were the trial lawyers
    127th Judicial District Court of Harris County, Texas
    Cause No. 2002-59054



On December 5, 2006 the trial court awarded Erika $53,000.00 for back pay, $75,000.00 for mental anguish and emotional distress and $89,037.50 for Attorneys’ fees.






EMPLOYMENT
DISCRIMINATION

  • Walter Bregon v. Houston Auto Imports Greenway, LTD, AutoNation, Inc., et al


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    Mr. Bregon, who is Puerto Rican, was a sales person for a Mercedes Benz dealership in Houston, Texas. Mr. Bregon sought a manager’s position in the new or pre-owned sales department. There were several management positions available during a three-month period. Despite being one of the top sales people for the dealership, Mr. Bregon was repeatedly passed over. Mr. Bregon complained to the Human Resource Manager about the fact that the individuals that were given the managers’ positions had less experience and/or did not have sales figures as high as his. All the managers were Caucasian and there has never been a minority manager in the new or pre-owned sales department. Mr. Bregon went to the Equal Employment Opportunity Commission (EEOC) to file a Charge of Discrimination. Mr. Bregon was fired two weeks later. Mr. Bregon filed suit for retaliation, discrimination based on national origin and failure to promote based on national origin.

    The trial court originally dismissed the case. The case was appealed to the Fifth Circuit Court of Appeals where Mark Midani argued the case to the Court of Appeals. The Fifth Circuit reversed the trial court on all three issues. [Cite: 128 Fed. App. 358; 2005 U.S. App. LEXIS 5846].

    Mark Midani and Toby Cole were the trial lawyers
    United States District Court for the Southern District of Texas, Houston Division
    Civil Action No. H-02-0192



The case was subsequently tried to a jury. On October 17, 2005, the jury awarded Mr. Bregon $122,500.00 for lost wages and emotional distress. The court entered a judgment for attorneys’ fees in the amount of $158,954.17.






Contact the law firm of Midani & Cole for a free consultation today.




 
 



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