|
Other Jury Verdicts and Settlements Verdicts and Settlements What follows is a sampling of the cases handled by The Bodiford Law Group. In several cases we are not at liberty to disclose certain details, due to confidentiality agreements. AUTO DEFECTS
OTHER DANGEROUS PRODUCTS
SLIPS AND FALLS / PREMISES LIABILITY
AUTO ACCIDENTS OTHER LARGE SETTLEMENTS AND VERDICTS
Crime Victim Claim Results in $26 Million Verdict Scott v. Foreline: The Florida Supreme Court has recently held that the fault of the criminal cannot be used to defeat a crime victim’s claim against a company that had inadequate security. A great example is of our recent $26,900,000 verdict in Lake County in which we sued a security company for failing to design, install and maintain a security alarm system in the proper manner which resulted in a bank becoming a soft target for crimes. Our 29 year old paralyzed client will be able to obtain millions of dollars in necessary medical care! Attorneys: Bryan Crews and Raymond Bodiford. Read the article about this case that appeared in the National Law Journal AUTO DEFECTS (See also our Auto Defects page.) SUV Rollovers Dorlus v. Ford: Ford has agreed to settle a rollover case involving a 1996 Ford Explorer. The Explorer rolled over, resulting in the ejection of three of the four occupants. Plaintiff alleged that the Explorer should never roll over based on the steering inputs only. The driver, who was killed, apparently fell asleep but the vehicle rolled over completely on the roadway surface. The three other occupants did survive, with incapacitating injuries. Ford argues that the occupants were not seat belted at the time of the accident. Raymond Bodiford and Todd Copeland represented the plaintiffs. We have found that not only the Ford Explorer rolls over in foreseeable emergency handling situations. Other SUVs do this as well! In 1995, we successfully handled an SUV rollover resulting in a multimillion dollar resolution/structured settlement for a 19 year old young man who was paralyzed. We continue to work on the Bronco II problem, which was the predecessor to the Explorer and Firestone problems. Injured? Contact us now. Jeep Rollover In 1993, when her defective Jeep rolled over causing paraplegia, we were able to successfully resolve this case, benefiting our paralyzed, 30 year old client for life. Injured? Contact us now. Tire Defect Causes Rollover (See also our Tire Defects or Tire Blowouts page.) Arce v. General Tire: Ford and General Tire have agreed to settle a ease involving a 1997 Ford Explorer with General tires. The right rear tire experienced tread separation on the freeway, causing the Explorer to roll over. Plaintiff argued that the Explorer had handling and stability defects and the General Tire had manufacturing and design defects. Plaintiff also alleged that General Tire had removed rubber from critical areas of the tire in order to save costs. The driver and his three- year-old daughter were killed. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Tire Blowout Causes Rollover (See also our Tire Defects or Tire Blowouts page.) A family lost their teen age son in a SUV roll over accident. It was determined that a tire dealership sold them the wrong size tire for their SUV. One of the tires then had a blow out resulting in a loss of control. Experts hired by the firm proved that with the proper size tire the vehicle would not have rolled over. Not only are Firestone tires defective, we have found that other tires are capable of having tread separation and other problems as well. The firm is now handling several cases that have settled. Injured? Contact us now. Roof Crush During Collision (See also our Roof Crush page.) General Motors has agreed to a confidential settlement of a claim involving a 1997 Chevy S-b pickup truck that rolled over resulting in roof crush. The Chevy truck was stopped for traffic on the interstate when another vehicle rear-ended it at approximately 60 mph. Upon rolling over, the header deformed in a V-shape manner, resulting in an impact to the driver’s head. The driver had a head injury, severe scarring, and partial loss of sight in one eye. The plaintiff focused on the roof crush aspect although the vehicle had stability and handling problems as well. GM claimed the plaintiff’s injury was caused by a tool box and drill that were loose inside the cab. Man v. GM. Raymond Bodiford and Howard Butler represented the plaintiff. Injured? Contact us now. Roof Crush During Rollover (See also our Roof Crush page.) In another case, client’s pick up truck rolls over after being hit by a negligent driver and the roof on the truck collapses resulting in a severe head injury. We have discovered that the roof structure was not designed properly and was not crashworthy. This case is still underway. Injured? Contact us now. Door Latch Failure During Rollover Pilarte v. General Motors: General Motors has agreed to settle a case involving a 1986 Chevrolet Blazer rollover that resulted in door latch failure. The Blazer rolled over in the grass median on the interstate and the driver was ejected through the door. Plaintiff alleged that the RCF-67 restraint system suffered inertial unlatching as well. The injury was paraplegia at lumbar level. Plaintiff was successful despite alcohol use and a positive cocaine lab report. Raymond Bodiford and Todd Copeland represented the plaintiffs. Injured? Contact us now. Seat Belt Unlatches During Accident Herron v. DaimlerChrysler: DaimlerChrysler has agreed to settle a restraint case involving a 1994 Dodge Shadow. The Shadow was struck by another vehicle when the plaintiff attempted to cross an intersection. As a result of the Gen III buckle unlatching, plaintiff sustained serious injuries. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Faulty Seat Belt Design Estate of Sanderson v. Mazda: Mazda has reached a confidential settlement with the plaintiff in a wrongful death case involving a 1988 Mazda 626, which utilized an automatic passive two point restraint system. Samuel Sanderson, who was not wearing his lapbelt, became drowsy while driving the Mazda, which drifted off the road and hit a tree. Sanderson died as a result of a lacerated liver caused by the seatbelt. Plaintiff alleged defective design of the seatbelt restraint system. After the Geier case, plaintiff amended the complaint to allege alternative designs that criticized the implementation of the seatbelt system and dropped the claim that a manual three point belt should have been used. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Faulty Seat Belt Design / Pharmacy Malpractice In another faulty seat belt design case, man was killed when his vehicle went off the road and struck a tree. His death was caused by his automatic 2 point seat belt which he was using without a lap belt, cut his liver in half. Suit was brought against the auto manufacturer and Eckerd Corporation. The gentlemen was on three medications from three separate doctors which Eckerd filled without giving him the warning that their computer suggested regarding the contradicting indications of these drugs. As a result he became sleepy and ran off the road and hit the tree. Even though he hit the tree he would have lived but for the poorly designed seat belt system which cut his liver in two. He probably would not have died if he had his lap belt on, the lap belt was not integrated into the shoulder belt system, and the manufacturer failed to put any warnings on the visor or elsewhere of the hazard of not wearing the lap belt with shoulder belt system. The entire case was settled for a confidential amount. Important to our clients and all Eckerd pharmacy consumers: In an appeal, Raymond Bodiford made NEW LAW in Florida which states that the pharmacy has a duty to warn of known contradictions of medicine prescribed by different doctors if they undertake to do so. Previous cases against Eckerd or pharmacies were unsuccessful with the Courts finding Eckerd did not have any responsibility or a “legal duty.” Injured? Contact us now. Pillar Lacks Padding Fiedler v. Ford: Ford has agreed to settle a case involving a 1994 Ford Explorer. The Explorer was struck in the left rear and went into a spin resulting in a side impact with a large light pole. Howard Fiedler hit his head on the B pillar during the collision which had a delta v of 15 mph, and he suffered a severe head injury. Plaintiff argued the pillar should have been padded similarly to the now existing FMVSS 201 standard. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Air Bag Fails to Deploy (See also our Air Bag Defects page.) Elliot v. DaimlerChrysler: At mediation, DaimlerChrysler agreed to settle a case involving a 1997 Dodge Intrepid. The airbag in the Intrepid failed to deploy when the vehicle was hit on the driver’s side by an at-fault driver. The impact was more of a side swipe but the driver’s sensor was knocked off in the collision. DaimlerChrysler, who had removed the black box, argued that the airbag system was damaged in a prior accident. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Air Bag Causes Eye Injury in 10 Mph Collision (See also our Air Bag Defects page.) Luna v. Ford/TRW: Ford has agreed to settle an airbag case involving lack of passenger tether and overly aggressive deployment in a 1995 Ford Escort. The plaintiff was a 13-year-old female front passenger, properly restrained by the Escort’s two-point passive belt. A 10 mph offset frontal collision in a parking lot resulted in the airbags deploying and plaintiff losing an eye. Ford contended the airbag was state of the art. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Air Bag Causes Eye Injury, Was Designed Improperly (See also our Air Bag Defects page.) A 16 year old high school junior was partially blinded when a defective air bag deployed during a minor parking lot impact. Raymond Bodiford was requested to handle the case in San Diego, California, where a lawsuit was filed with local counsel, resulting in a confidential settlement that will ensure that the teenager will have the wherewithal to attend a four year university, with money left over to secure her financial future as well as her future medical needs. Injured? Contact us now. Air Bag Causes Child’s Death (See also our Air Bag Defects page.) Wyant v. Ford: Ford has agreed to a confidential settlement with the family of a five- year-old boy who was killed when the passenger side airbag of a 1996 Crown Victoria deployed after a low speed collision which caused almost no damage to the front of the mother’s vehicle. The mother had four children in the Crown Victoria. She had twins in separate car seats in the back seat, a seven-year-old in the middle-front position, and the deceased child in the right-front position. The child that was in the middle-front position was not injured. Plaintiff contended all the children were properly restrained. Ford contended none of the children were properly restrained and that the mother should not have had the child in the front seat. The plaintiff was represented by Raymond Bodiford. Injured? Contact us now. Air Bag Deploys Randomly (See also our Air Bag Defects page.) Elder v. Ford: Ford agreed to settle an airbag case involving a 1995 Ford Contour purchased new. Plaintiff took the Contour to the dealership after the airbag warning activated, but the dealership told him to ignore it. Days later, the airbag deployed, causing him to lose control of the vehicle. Ford claimed the airbag deployed after plaintiff hit a pole. However, damage to the front of the car in the area of the sensors was minimal. Plaintiff’s injuries were enhanced by the seatbelt that, unlike the same vehicle sold in Europe, did not have pretensioners. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Air Bag Did Not Deploy, Sensor Was Missing(See also our Air Bag Defects page.) Foster v. General Motors: General Motors confidentially settled an airbag case involving a 2002 Buick Century. Robert Foster was driving the Century when it was rear ended by another vehicle. The download showed the driver was buckled and traveling 27 mph at impact. The airbag did not deploy in the collision. Foster’s neck snapped and he died after three weeks in the hospital. The Century had pro-drilled holes for a frontal sensor, but no sensor was added even though its sister cars of the same year were equipped with a frontal sensor. GM argued that frontal sensors are only effective with pole impacts and that airbags do not prevent neck injuries. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Ejection through Driver’s Side Window Cruz v. DaimlerChrysler: At mediation, DaimlerChrysler agreed to settle a case involving a 1998 Dodge Dakota. The Dakota struck a tree, resulting in the plaintiff’s ejection through the driver’s side window. The plaintiff was impaled on a tree branch in the anus and required several surgeries. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Steering Column Defective, Recall Notice Came Too Late Lopez v. Chrysler: Chrysler agreed to a confidential settlement of a case involving a defective steering column coupler on a 1995 Dodge Neon. This model vehicle was recalled by Chrysler after a lengthy battle with NHTSA. Plaintiff hit a depression in the road filled with water, thereby causing an impact to the Neon’s under carriage. Plaintiff suffered multi-disc herniations, which required fusion due to the cord compression, and had a broken hip which required iron rods to be replaced in his leg. Upon return from recovery in a nursing home, plaintiff found the recall notice in the mail. Chrysler contended that the force of the water was enough to cause decoupling. It turned out that the manufacturer had known about the problem for a few years but had fault failed to tell the public or do a recall in a timely fashion. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Steering Column Strikes Driver Estate of Rauch v. Honda: Honda has agreed to a confidential settlement of a case involving a Honda Acura Integra, An oncoming motorist operating her vehicle on the wrong side of the road at 35 mph struck the Integra in an offset frontal collision, causing the front structure to give way and the steering column to intrude into the survivor space. The steering column struck the driver of the Integra in the chest, causing a cervical fracture which caused his death. Plaintiff claimed that the intrusion of the steering column was excessive. Raymond Bodiford represented the plaintiff. Injured? Contact us now. Vehicle Comes Apart Due to Poor Welding Method A vehicle during a side collision came apart resulting in the death of a child. Our investigation has shown a poor welding method on unibody construction which means in foreseeable side impacts the front and rear half of the car can completely separate due to spot welding. This case is still underway. Injured? Contact us now. OTHER DANGEROUS PRODUCTS (See also our Dangerous or Defective Products page.) Defective Plywood Causes Disability In 1997, the firm settled a case on the behalf of Richard Talerico who was working on a roof replacing shingles when the plywood on the roof gave way causing him to fall. He is now confined to a wheel chair or a walker for life due to his severe RSD injuries. We discovered a defect in the treatment process of the plywood which caused it to become brittle when exposed to heat and humidity. The parties settled for a confidential amount. In the same year, a substantial recovery was made on behalf of our client Pat Mulligan who was the victim of a defective jaw implant device. The device broke apart inside of her head and resulted in screws floating in her brain area. Suit was brought in Missouri and in Texas against the seller and designer of the implant. After opting out of the class action, which was going to produce a very small sum for the victim of this horrible device, the case settled. Injured? Contact us now. Truss on a Construction Site Fails In the year 2000 the firm represented a construction worker who fell and severely injured his arm when constructing a truss. It was determined that the truss manufacturer used lumber that was not up to grade and contained large holes and knots. One of those pieces of lumber snapped right where a large knot was located resulting in his fall. The truss manufacturer then destroyed the evidence by throwing away the truss, but was still held accountable and the truss manufacturer paid policy limits of $500,000.00 to our client. Injured? Contact us now. Grinding Wheel Explodes (See also our Grinding Wheel Explosion page.) A wonderful man with two children in college died. He was working in his body shop using a grinding wheel when it exploded resulting in his death when a piece of the grinding wheel went through his chest and punctured his heart. The firm, through investigation, determined that the manufacture of the grinding wheel knew for years of the wheels exploding when used with pistol grip air sanders but yet failed to warn the public or put any warning on the wheel itself that would advise the user of the dangers of its use in combination with the hand held grinder. A confidential settlement in that case was reached just days before the trial was to begin. Injured? Contact us now. Escalator Entraps Foot A 5 year old child lost her foot in an escalator entrapment at the Orlando International Airport. Through experts, we were able to establish the defect and lack of maintenance by the manufacturer. The resolution was confidential; however, a substantial structured settlement will benefit the child by paying for college costs and additional monies for life! Injured? Contact us now. Industrial Machinery Lacks Simple Guard Many times industrial products are dangerous but the danger can be reduced by either placing a guard on the machinery or warning against the danger. These basic engineering principles came into play in a case where the plaintiff was represented by the firm in which his arm was sucked into a rock crushing machine. The firm hired expert witnesses who showed the feasibility of using a very simple guard to place over the pinch point or nip point in which his arm was caught. Also, it was suggested that a better warning could have been used which would have probably prevented the accident from happening. The parties settled for a confidential amount. Injured? Contact us now. Dangerous Chemicals in Air of Workplace A bottling plant in Orlando utilized dangerous chemicals and unsafe air quality, resulting in our client becoming 100% disabled and dependent on oxygen. We have discovered that a combination of chemicals and poor ventilation led to workers suffering severe lung damage. In another case, a microchip manufacturer utilized chemicals and environmental hazards without proper safeguards in a “clean room” resulting in the worker contracting illnesses and his child was born with severe birth defects. Our investigation discovered that most solvents used in this plant can cause birth defects. Injured? Contact us now. Defective Jaw Implant Device In 1997, a substantial recovery was made on behalf of our client Pat Mulligan who was the victim of a defective jaw implant device. The device broke apart inside of her head and resulted in screws floating in her brain area. Suit was brought in Missouri and in Texas against the seller and designer of the implant. After opting out of the class action, which was going to produce a very small sum for the victim of this horrible device, the case settled. Injured? Contact us now. SLIPS AND FALLS / PREMISES LIABILITY(See also our Slip / Trip & Fall Accidents / Premises Liability page.) Leg Injuries in Fall in Supermarket Peggy F. v. Local Grocery Store. A 50 year old manager of a local jewelry store walked into a local supermarket to get just a few items before going home after work. When she walked past the end of the isle, she slipped and fell on a liquid substance. At the time of the fall, there were three employees, including the manager, within five feet of her, who failed to clean up the liquid in time or to warn her of this all too frequent dangerous condition. As a result, she suffered serious leg injuries, medical bills and other expenses. We successfully obtained a $400,000.00 settlement that more than adequately compensated her and met her future needs. Injured? Contact us now. Ankle Injuries From a Fall in Supermarket In another slip and fall case, Kathleen W. v. Deland Grocery Store, our client was injured in a Deland supermarket. Kathleen was looking at the signs that hung from the ceiling and looking at the shelves to try to locate the merchandise. When she came around the corner of a display, there was a soapy substance on the linoleum floor. Kathleen suffered a fracture of her ankle, which required surgery to insert pins, screws, and plates into her ankle. We successfully settled the case for two days prior to trial for $92,500.00. Injured? Contact us now. Electrical Fire Due to Landlord Negligence We handled one case in which a 30-year-old mother of three, Victoria H., was severely burned on her back and part of her face when the mobile home she rented had an electrical fire. At the time of the fire, Victoria was outside the mobile home, but her baby was inside. Victoria rushed back into the mobile home into the fire in a desperate attempt to save the baby’s life. We quickly discovered that the fire was due to faulty maintenance by her landlord. Even though the insurance policy provided only $25,000.00 in coverage, we were able to settle the case with the landlord and insurance company for $250,000.00 Victoria used her settlement to buy a new home in Lake County. Injured? Contact us now. AUTO ACCIDENTS (See also our Auto Accidents page.) Eye Injury in Collision with Cement Mixer J. Creech v. Cement Mixer Company: Our 25 year old client was partially blinded in the left eye when a cement mixer ran a red light, crossing in front of the vehicle he was a passenger in. Although liability was clear, John was unemployed and had minimal medical bills associated with his injuries. Nonetheless, we were able to obtain a settlement after filing suit in excess of $400,000.00. With the settlement, John was able to pay his medical bills, buy a home, put money in the bank and we last heard that he was getting married. Injured? Contact us now. Brain Damage in 15 mph Collision Robert K. v. Dump Truck Company: In this case, a 23-year-old man suffered moderate brain damage after the van that he was a passenger in was struck from behind by a dump truck. The speed of the impact was less than 15 mph, but he was struck in the head by flying debris. Although the injured party was able to function in daily life, with some mild memory impairments, we obtained a settlement in the amount of $600,000.00 against the dump truck company. Injured? Contact us now. CONTACT US Visit our attorney contact page or call (800) 423-0160 toll-free to set up an appointment with Mr. Bodiford. From our law offices in Orlando, Florida, our lawyers maintain a nationwide practice. We help clients throughout Florida, including Sarasota, Tavares, Kissimmee, Sanford, Daytona Beach, Tampa, St. Petersburg, Melbourne, and more, as well as clients in California, Texas, Illinois, New York, Georgia, and throughout the nation. |

