Estate of John Doe v. Jane Doe, M.D- 2003
Plaintiff
was a 62-year-old man who developed changes in bowel habits,
recurring bouts of constipation and diarrhea, loss of weight,
vomiting and eventually presented with blood in his stool.
Plaintiff’s family physician treated these conditions
for over 20 months without ordering appropriate or timely
diagnostic evaluation of Plaintiff’s colon via colonoscopy.
While driving his truck at work, Plaintiff’s colon
ruptured from a colonic tumor. Emergency surgery was performed
but the cancer had spread. Plaintiff underwent unsuccessful
chemotherapy treatment over four months and then died. Plaintiff’s
estate claimed Defendant failed to timely diagnose and treat
decedent’s colon cancer resulting in spread of disease
and death. He was survived by his wife of 26 years, five
daughters and three stepchildren.
Settlement: Confidential Medical Malpractice Wrongful Death
Estate of John Doe v. Company X- 2002
Mr.
Doe was an employee of Company X, working as a maintenance
man. While repairing the “crash” of a Garnett/Lapper
machine, Mr. Doe was underneath the machine, which was
neither locked out nor tagged out. Company X preferred
that the machines not be locked or tagged out when repairing
a crash because it slowed down production. The machine
crash was cleared and Mr. Doe was caught by the neck
between the Lapper roller and shaft and was asphyxiated.
Company X reported the death as a heart attack rather
than a strangulation. Mr. Doe’s family alleged
a violation of workplace safety regulations and an employment
intentional tort.
Settlement: $1,350,000.00 Workplace Injury Wrongful Death Action
Estate of Gregory K Rhoades v. Summit Tower Services Inc., et al.. - 2002
Decedent,Gregory
Rhoades, worked as a tower erector for Defendant Summit
Tower Services. In October 1998, Summit was contracted by
Defendant GPD Services to erect a 180-foot cell tower in
Newton Falls, Ohio. Toward the end of the project, Mr. Rhoades
was working at the top of the tower when he began the process
of rappelling down the tower and suddenly lost control falling
180 feet to his death. Suit was filed against Summit Tower
based upon their knowledge of a dangerous process on their
job site; knowledge that if an employee was subjected by
his employment to such dangerous process, harm would be
a substantial certainty, and that Summit Tower, under such
circumstances and with much knowledge, did act or require
Mr. Rhoades to continue to perform the dangerous process
of rappelling. Suit was also filed against GPD Services
based upon the theory that as a general contractor, GPD
Services actively participated in directing the activity
that resulted in Mr. Rhoades' death.
Settlement: $375,000.00 Product Liability Wrongful Death Action Workplace Injury
Andrea Kmetz, Admin. for Estate of Jay Kmetz v. MedCentral Health Systems - 2000
Jay Kmetz underwent anterior cervical diskectomy and fusion (ACD&F) on 3/10/98 at Mansfield Hospital. Over the next twelve hours, Jay experienced post-operative complications, eventually leading to complaints of inability to breath and swallow at 2:00 a.m. Despite subjective complaints, the nurse noted no objective findings, and failed to obtain a medical consult. At 2:35 a.m. on 3/11/98, Jay Kmetz suffered a respiratory arrest, leading to cardiac arrest. Jay Kmetz' death followed 15 hours later. The family declined an autopsy and the cause of death remained in dispute. Plaintiff presented no economic loss and proceeded to trial on Decedent's survivorship claims for pain and suffering and losses to the five surviving adult siblings and parents.
Jury Verdict: $500.000.00 (survivorship only) Medical Malpractice Wrongful Death
Brenda Muriel, as Administratrix and Prosequendum for the heirs-at-law of Jayson Diaz, Jr., Deceased, et al. v. Yellow Freight Systems, Inc., et al. -2000Decedent was a 12-year-old boy killed as a passenger in his mother's vehicle, when it was hit by a Yellow Freight truck on the Ohio Turnpike. The mother's vehicle was disabled and being towed with a makeshift tow rope by a U-Haul truck driven by the child's father at 2:00 a.m. in the morning. The driver of the Yellow freight truck claimed the car was being illegally towed and had no lights. The family claimed the driver of the truck failed to keep an assured distance. After impact, the parents were unable to remove the child from his car seat before the car exploded and caught fire.
Settlement: $700,000.00 Accident- Motor vehicle Wrongful Death
In re: Estate of John Doe, a minor- 2000
Plaintiff's decedent was a four-year-old boy killed as an unrestrained front seat passenger in a motor vehicle accident. The child was killed as a result of the impact from the airbag which was triggered by the motor vehicle accident.
Settlement: Pre-suit $700.000.00 Accident- Motor vehicle Wrongful Death
The Estate of Jane Doe v. ABC Trust - 2000
Plaintiff Jane Doe, deceased, was a 66-year-old retired county worker residing in an apartment complex on Cleveland,'s east side. Ms. Doe was single with no children. A fire broke out in the first floor laundry room of her building in the early morning hours. The fire was determined to be of human origin. There had been at least five previous fires of human origin in the laundry rooms of buildings in this complex, and one in her building. The complex also had a history of vagrants living in apartment laundry rooms. All other tenants escaped, but Ms. Doe was killed in the fire. Plaintiffs alleged the apartment complex was negligent in failing to provide adequate security to protect its residents. Defendant contended this was arson and nothing could be done to prevent the fire.
Settlement at Trial: Confidential. Co-Counsel:
Johnnie Cochran, Esq.Inadequate Security Wrongful Death Premises Liability
The Estate of Max Harrell (deceased) v. Gaylord Foundry
Equipment Co., et al. - 1998
Plaintiff Max Harrell, deceased, was a 61-year-old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack, which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.
Settlement at Trial: $575.000.00 Wrongful Death Workplace Injury Product Defect
John Doe v. ABC Hospitals and physicians -1997
Plaintiff was admitted to the hospital emergency room with complaints of stomach pains. He was diagnosed with gall stones and stabilized. Two days later, the treating surgeon recommended gall bladder surgery. Plaintiff was not a candidate for a surgical procedure because of other health concerns including hypertension, cardiomegaly, sleep apnea, morbid obesity and a history of psychiatric treatment. The patient underwent the procedure and during the reversal from anesthesia, he suffered a hypoxic injury leaving him in a comatosed state. He had remained in a coma since 1994.
Settlement: Confidential Medical Malpractice Wrongful Death
The Estate of Robert Mills v. United States of America - 1996
Plaintiff alleged medical negligence when a 57-year old male presented to Wright Patterson Air Force Base Medical Center for treatment of a progressive sore throat. Plaintiff's decedent sat in the emergency room for over 1 hour before being seen and then after consultation with a physician, sat for two additional hours before going into full respiratory arrest. Defendants contended that arrest was sudden and not clinically foreseeable. Decedent was diagnosed with epiglotittis, a viral condition causing swelling of the epiglottis. Subsequent creation of an airway was untimely and resulted in hypoxia, shock lung, eventual ARDS, multi system failure and death.
Settlement: $500,000.00 Medical Malpractice Wrongful Death
The Estate of Scott McGraw (a minor) v. Roger Murdock - 1996
Twelve-year-old Scott McGraw was struck and killed by Defendant's truck while crossing the street from his mailbox to his home. Defendant contended the boy unexpectedly ran into the road and that he was traveling 20 mph under the speed limit. Plaintiff contended that Defendant failed to act as a reasonable driver in that he saw the boy at the roadside but failed to take into consideration the immediate danger and unpredictable nature of a child near the roadway on a 55 mph rural road.
Settlement: $272,500.00 (exhaustion of policy limits on primary coverage plus underinsured benefits) Accident- Motor vehicle Wrongful Death
The Estate of John Blaney v. Rick Scott Trucking Company, et al. - 1994
Plaintiff was a laborer working on the premises of his employer. Defendants' tractor trailer truck was making a delivery on employer's premises. While backing without appropriate backing warning, Defendants' driver-employee hit decedent crushing him and causing his death.
Judgment: $3,500,000.00 Accident- Motor vehicle Workplace Injury Wrongful Death
