Shook & Stone Case Results Liberty Mutual Insurance v. Nielsen, Panelized Structure. $19,000,000.00 Mr. Novick was run over by a 14,000+ pound Sky-Trak 5028 rough terrain forklift in a Las Vegas construction accident while working for Panelized Structures on September 1, 2004. Mr. Novick's supervisor, Floyd Nielsen, who was 74-years-old when the accident occurred and had retired ten years before, pinned Mr. Novick underneath the forklift's tires as he was parking it. The forklift then slowly rolled backwards across Mr. Novick's whole body. At the end of trial, Shook & Stone helped Mr. Novick receive a jury award that included compensation for past medical expenses of approximately $1.5 million, future medical expenses of approximately $7 million, past lost earning capacity of approximately $171,000, future lost earning capacity of approximately $514,000, past pain and suffering of approximately $2.6 million, and future pain and suffering of approximately $7.9 million. $2.3 Million Settlement for Slip & Fall Victim $2,300,000.00 Shook & Stone represented a client who suffered a debilitating knee injury that necessitated multiple surgeries after slipping and falling in a puddle of water at a grocery store. The grocery store failed to prevent shoppers from entering the area and only one small warning cone placed nearby. After an investigation and review of video footage from the store, it was discovered that several employees walked in front of and around the puddling water, yet failed to address the slipping hazard. Additionally, it was discovered that the grocery store was aware of a leaking icebox that caused the puddle, yet failed to properly address it. Our firm was able to successfully settle the case for $2.3 million, which will provide our client with compensation for her extensive medical bills, pain and suffering, and future needs. Israel Bari v. Dr. James Carpenter, Eye and Cosmetic Surgery Center of Nevada $1,800,000.00 On Mr. Bari's behalf, Shook & Stone proved that Dr. Carpenter performed unnecessary cataract surgeries, causing Mr. Bari, a metal worker, to suffer blindness in his right eye. In addition to establishing multiple violations of the applicable Standards of Care, the firm revealed inconsistencies in Mr. Bari's medical records as well as a pattern of indifference with regard to the management of Dr. Carpenter's practice. During trial, the Defendants unsuccessfully argued that Mr. Bari consented to the procedures performed by Dr. Carpenter, and unsuccessfully alleged that Mr. Bari shared blame for his poor outcome. Linda Colton v. Larry Hopkins, Contri Construction Co. $1,250,000.00 This case involved a woman who was a passenger in a vehicle struck from behind by an employee of Contri Construction Company. The Plaintiff, Ms. Colton, alleged she suffered serious injuries to her Cervical Spine, among other injuries, which caused her to undergo surgery. On Ms. Colton's behalf, the firm presented evidence of both past and future damages, including a variety of economic losses. John Doe v. Doe Insurance Company $800,000.00 Shook & Stone represented a gentleman initially injured in an automobile accident. The client suffered serious and permanent injuries to his lumbar spine resulting in surgery. After achieving a Policy Limits Settlement with the adverse driver, the client's own insurance carrier refused to compensate our client appropriately. On client's behalf, the attorneys at the firm filed a Complaint in Federal District Court, alleging, among other claims, that the Plaintiff's insurance carrier violated the express terms of the insurance contract and further violated the Implied Covenant of Good Faith and Fair Dealing. After substantial litigation, the Client's insurance carrier agreed to resolve the matter amicably. Estate of Richard Munez and Josiah Munez v. Doe Auto Transport $740,000.00 The firm represented the surviving infant child of a teenager who was tragically killed when his vehicle was struck by the driver of an Automobile Transport Freightliner who lost control of his vehicle. The legal team investigated violations of applicable Federal Regulations which suggested Hours-of-Service violations, among others. The case involved significant allegations that the Decedent was contributorily negligent for the accident. After Decedent's medical bills and funeral expenses were paid, a Structured Settlement was assembled for the benefit of the Decedent's surviving child and his mother. Myrtelina Davis v. Las Vegas Hilton $650,000.00 Shook & Stone represented a California resident and patron of the Las Vegas Hilton who was injured when she tripped over a junction box cover (also known as a "turtle"), which she alleged caused an unreasonably unsafe condition on Defendant's property. Among her injuries, Ms. Davis suffered a broad-based disc protrusion in her lumbar spine which became surgical. This litigation delved into the Hotel's policies and procedures to establish deficiencies with regard to the applicable Standards of Care. The Hilton denied liability and argued that Ms. Davis was responsible for her injuries. Jennifer Manning v. Doe Trucking $550,000.00 Shook & Stone represented a young woman who alleged that the side of her vehicle was struck by a truck making an illegal right turn from the wrong lane of travel. As a result of the incident, Ms. Manning alleged she suffered an injury to her lumbar spine which caused her to become a surgical candidate. Defendants alleged that Ms. Manning was partially responsible for failing to maintain proper lookout for their vehicle. The case, which litigated over approximately 2 years, required an in-depth understanding of how disk abnormalities can present radiologically in a young person as compared to the general population. Nakeisha Johnson v. Sharlonda Vance $500,000.00 The firm represented a woman injured by a driver who failed to maintain her lane. Among her injuries, the client underwent multiple procedures to her cervical and lumbar spine, including an interbody fusion. The case was unique in that it involved a dispute regarding excess insurance coverage purchased by the Defendant driver through a rental car company. Defendants argued that coverage was not available because the Defendant driver neglected to reveal that her license was revoked at the time she leased the offending vehicle. The matter resolved within 60 days of the scheduled Trial Date. Shaun Jones v. Robert Dermody $500,000.00 This pre-litigation claim involved a young man who was an injured passenger in a single-car accident. The legal team at Shook & Stone alleged that the driver negligently lost control of the car, causing it to leave to the roadway and impact with an embankment. The car's fuel tank ignited upon impact, and the vehicle burned. The driver of the vehicle passed away in the accident, and Mr. Jones suffered burns and injuries. The claim resolved despite allegations that the claimant was responsible for causing the accident. Sonja Jackson v. Aaron Rents, Inc. Shook & Stone represented a wife and mother who was a passenger in a vehicle struck by a delivery truck. As a result of the impact, Ms. Jackson alleged she suffered a disabling injury to her lumbar spine which caused her to undergo surgery and placement of a spinal cord stimulator. The case required in-depth knowledge of the physiology of the spine and the types of symptoms that can arise as a result of a lumbar disc herniation. The firm also represented Ms. Jackson with regard to her claim for Social Security Disability Benefits, resulting in an additional recovery of approximately $200,000. Monica Ramirez v. Dr. John Doe The firm represented the parents of "Baby Ramirez", who passed away after heart rate and other abnormalities were observed during a high-risk pregnancy. The Ruizes alleged these abnormalities should have alerted the mother's medical providers that Baby Ramirez was in danger and should have resulted in care that would likely have saved her life. The case was complicated by the fact that the Ramirezes advanced ages (36 and 41 years of age) suggested this was their last opportunity to have a child together. The firm retained the services of multiple experts, including the renowned Dr. Thomas Moore, Chair of Reproductive Medicine at the University of California, San Diego, to address claims of Medical Negligence. Nanette Rowan v. Doe Construction Co. The firm represented a woman and Federal employee who alleged she was seriously injured when a 55,000 pound Lube Truck lost control and struck her vehicle. Ms. Rowan alleged that she suffered injuries to her back which resulted in surgery and the placement of a spinal cord stimulator. During litigation, the legal team discovered numerous pieces of evidence that were lost or destroyed, and alleged multiple violations of the Federal Motor Carrier Safety Act Regulations. Posttraumatic Stress Disorder 56 year old veteran awarded based on Posttraumatic Stress Disorder. Rebecca Pearson v. Dr. John Doe This case involved the death of a 40 year old female, mother of two, and wife of John Pearson. Ms. Pearson was admitted to a hospital in Clark County, Nevada with complaints of severe abdominal pain, nausea, and vomiting. Despite clear signs of pancreatitis with resultant severe exudation, the treating physicians and nurses failed to adequately manage her fluid loss, ultimately causing her heart to flat line with resultant catastrophic brain injury. The firm was able to obtain a very significant settlement against both attending doctors and the hospital by showing that Ms. Pearson's death was avoidable and solely due to the woefully inadequate fluid management provided for this acutely ill woman's serious condition. 33 Year Old Bar-back Awarded A 33 year old barback awarded despite unsuccessful work attempt, trial work period and collection of unemployment benefits after onset. ADHD and Bipolar Disorder 11 year old boy awarded based on ADHD and Bipolar Disorder. Asthma Despite a Lack of Treatment 37 year old man awarded based on asthma despite a lack of treatment and continued use of tobacco products. Colon Cancer and Adhesive Capsulitis of the Right Shoulder 52 year old woman with special education and work as a porter awarded from age 49 based on history of colon cancer and adhesive capsulitis of the right shoulder. Degenerative Disc Disease of The Lumbar Spine A 59 year old man who suffered from degenerative disc disease of the lumbar spine, history of a stroke and quadruple bypass. Benefits awarded in 2011 to individual alleging disability since August 2001 with a date last insured of June 2005. Diabetes Mellitus 48 year old pressman awarded based on Diabetes Mellitus. Estate of Ernest Powell v. Land Air Express, Inc. Shook & Stone represented the widow of a military veteran and driver who was killed when his vehicle was struck from behind late at night by a loaded eighteen wheel tractor-trailer. During litigation, the attorneys at the firm discovered evidence suggesting that the Defendant-driver had a history of health problems which likely affected his ability to avoid the client's vehicle. The lengthy case involved significant accident reconstruction analysis as well as an understanding of the Federal Motor Carrier Safety Act Regulations and applicable standards of care in the Trucking Industry.