512.494.9949
Larry F., Former Client
"I'm not sure where I would be today if it weren't for Justin and the law firm he is with... You become a part of the family the day you become a client and there is nothing more satisfying... If you want the best, the most terrific, then this is the man you want as your attorney."
Ben C., Former Client
"They're good people, plain and simple. I had the opportunity to work with Justin Demerath on a few issues. One where he had nothing to gain financially and the other, he did. There was no difference in his demeanor, the way he treated me or his intent. He just wanted to help in any way he could."
Herbert F., Former Client
"I want to thank you Justin for a job well done. My case was certainly a difficult one as attested to by the number of rejections I had before your name was given to me... You were up front about my chances for a win, never denying the road blocks that certainly would arise. I was impressed by the professional manner in which you handled my case."
Melanie S., Former Client
"The service I received from Justin Demerath has been unparalleled in every aspect. He is very professional, concise, and empathic towards his clients. My settlement exceeded my expectations on my collarbone injury case, in result of his strong desire for success."
Teresa P., Former Client
"WOW! I haven't seen this kind of customer service in years. Justin visited with me on the phone until all my questions were answered. He was extremely helpful, gracious, pleasant, willing, professional and very nice."
"In the midst of dealing with insurance, body shop, doctors and staff all of whom were 'just doing their job'... Justin was a ray of sunshine on a very gloomy day in my life. He made me feel very comfortable and encouraged me to continue with my questions... Thank you Justin...God bless you."
Jon S., Former Client
"Fantastic Representation. Justin Demerath represented me in a motorcycle accident where I was injured severely. The outcome was a best case scenario based on the realities of the at-fault driver. I received the largest settlement that was available and it turned out well. That was the bottom line, but what I wanted to comment on was Justin's willingness to explain each step of the process and his personal interest in my case. He came to visit me at my house while I was still unable to walk and his competence and ability to put things in simple terms allowed me to feel comfortable to take the details of my case off my plate and put it in his hands."
Nancy C., Former Client
"I am just so impressed in your scientific and legal knowledge. Your commitment and enthusiasm goes beyond compare. Should I ever need your services again or if someone I know needs your expertise, I will not hesitate to give you and call or make a referral."
Jay B., Former Client
"My experience with the insurance companies over the 15 months following the accident was frustrating... I admit I was also reluctant to find a personal injury lawyer, based on the stereotype of personal injury lawyers that I had ... I no longer carry that stereotype with me, I've since learned better."
Cindy R., Former Client
"Great Representation. I was involved in an auto accident two years ago and, after unsatisfactory dealings with the insurance company of the other driver, I hired Justin Demerath to represent me in my claim for medical bills coverage.... Mr. Demerath is a true professional whose compassion for his clients and for the law is first rate."
Motorcycle Accident / Product Liability
| Gross Recovery: | $2,275,000.00 |
|---|---|
| Client Net: | $1,285,861 |
| Attorney Fees: | $910,000 |
| Expenses: | $79,138.18 |
| Medical Bills: | In excess of $170,438.09 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Product Liability
| Gross Recovery: | $2,025,000.00 |
|---|---|
| Client Net: | $810,153.07 |
| Attorney Fees: | $810,000.00 |
| Expenses: | $58,831.93 |
| Medical Bills: | In excess of $640,000.00 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $1,850,000.00 |
|---|---|
| Client Gross: | $1,025,107.50 |
| Client Net: | $690,651.27 |
| Attorney Fees: | $671,000.00 |
| Expenses: | $152,430.75 |
| Medical Bills: | In excess of $339,982.00 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $1,250,000.00 |
|---|---|
| Client Net: | $671,000 |
| Attorney Fees: | $500,000 |
| Expenses: | $17,000 |
| Medical Bills: | $62,000 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Apartment Fire - Negligent Design of an Apartment Complex
| Gross Recovery: | $950,000.00 |
|---|---|
| Client Net: | $288,300.20 |
| Attorney Fees: | $378,300.20 |
| Expenses: | $251,730.48 |
| Medical Bills: | In excess of $532,393.34 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Negligence - 18-Wheeler Accident
| Gross Recovery: | $900,051.64 |
|---|---|
| Client Net: | $540,305.24 |
| Attorney Fees: | $279,000.00 |
| Expenses: | $65,619.78 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Product Liability / Defective Machinery
| Gross Recovery: | $785,000.00 |
|---|---|
| Client Net: | $494,488 |
| Attorney Fees: | $250,537 |
| Expenses: | $39,975.45 |
| Medical Bills: | In excess of $67,431.47 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $600,000.00 |
|---|---|
| Client Net: | $330,643.88 |
| Attorney Fees: | $240,000.00 |
| Expenses: | $4,501.59 |
| Medical Bills: | In excess of $101,045.83 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Bus Accident
| Gross Recovery: | $410,000.00 |
|---|---|
| Client Net: | $240,693.11 |
| Attorney Fees: | $164,000.00 |
| Expenses: | $5,309.89 |
| Medical Bills: | In excess of $97,892.23 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $152,500.00 |
|---|---|
| Client Net: | $84,609.24 |
| Attorney Fees: | $50,325.00 |
| Expenses: | $892.93 |
| Medical Bills: | In excess of $67,119.28 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Product Liability / Defective Design
| Gross Recovery: | $150,000.00 |
|---|---|
| Client Net: | $94,151.42 |
| Attorney Fees: | $49,500.00 |
| Expenses: | $6,348.58 |
| Medical Bills: | In excess of $47,704.60 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident - Intoxicated Driver
| Gross Recovery: | $25,000.00 |
|---|---|
| Client Net: | $16,072.18 |
| Attorney Fees: | $8,332.50 |
| Expenses: | $595.32 |
| Medical Bills: | In excess of $17,892.00 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Auto Accident
| Gross Recovery: | $20,000.00 |
|---|---|
| Client Net: | $12,954.73 |
| Attorney Fees: | $6,660.00 |
| Expenses: | $385.27 |
| Medical Bills: | $31,018.92 |
Past case values are not an accurate predictor of future results, nor the value of any potential client's particular situation. These case results are based upon unique and specific factual and legal circumstances. Each case is different. The same or similar results may not be able to be obtained for other clients in similar matters.
Skillful and Aggressive Legal Representation
When you or a loved one has endured personal injury or wrongful death, you have the right to seek justice and compensation. O'Hanlon, McCollom & Demerath is committed to providing each and every one of our clients with compassionate advocacy and skillful, tireless, aggressive representation. Our number one priority is providing each client with the most desirable legal outcome to every issue they are facing.
We Value and Respect Every Client
We believe that every client deserves and should receive one-on-one access and attention. Legal issues can be daunting without the protection of knowledgeable and experienced lawyers. O'Hanlon, McCollom & Demerath is dedicated to resolving your unique situation with compassion and diligence.
Superior Client Services
At O'Hanlon, McCollom & Demerath we ensure seamlessly integrated work product and representation through our utilization of state of the art technology and resources. We are committed to providing our clients superior legal representation at every turn.
Commitment to Getting you the Compensation you Deserve
In our efforts to obtain compensation for our clients who have suffered injuries and the related indignities arising from the negligent actions of individuals and corporations, we pledge to provide you with a personalized, "no stone unturned" pursuit in achieving the most favorable outcome on your behalf in what are, undoubtedly, the most important and often life-changing situations you may ever experience.
Our clients never owe any fees unless we obtain financial settlement on their behalf. We will go the distance for you.
Contact Our Personal Injury Attorneys Today
O'Hanlon, McCollom & Demerath offers you a free one-on-one evaluation of your personal injury case. Our clients never pay for our legal services unless we obtain a successful recovery of compensation for you. Contact us today for a free and confidential consultation with our experienced personal injury lawyers.
Kevin O'Hanlon
Kevin O'Hanlon, the founding partner of O'Hanlon, McCollom & Demerath began practicing law in 1974 and has vast knowledge of all areas of litigation. Mr. O'Hanlon became Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization in 1987, and in Civil Trial Law in 1990.
Justin Demerath
Justin Demerath joined the firm as a law clerk during his final year of law school and has been with the firm since that day. He has dedicated his law practice to helping people who have suffered damages at the hands of others in the state of Texas recover monetary compensation. Mr. Demerath has one mission in his work: to fight for the rights of the clients he represents.
Benjamin Castillo
In 2010, Mr. Castillo graduated from The University of Texas at Austin with a Bachelor of Arts in Government. Upon graduation, Mr. Castillo worked as a government and history teacher in the Rio Grande Valley.
Nick Maddox
Nick Maddox is an associate attorney who represents clients in a diverse range of litigation issues. Licensed to practice in both State court and Federal court, Mr. Maddox handles injury, employment, business, and contract disputes.
Amalia Hanley
Ms. Hanley graduated with honors from the University of Notre Dame with Bachelors of Arts degrees in History and Art History. In 1998, Ms. Hanley graduated with honors from the University of Florida School of Law. During school, and continuing after graduation, Ms. Hanley clerked for the Public Defender's Office in Gainesville, Florida, gaining criminal litigation experience in the Misdemeanor Division.
Alice Ward
Alice Ward was born in Ithaca, NY and raised in Jersey City, NJ. The older of two daughters, she graduated from Friends Seminary, a Quaker high school, in 1996. Ms. Ward attended the University of Texas in Austin, attaining a BA in History in 2000. She also became a certified paralegal through Austin Community College.
Adelie Alvarez
Adelie Alvarez grew up in Buda Texas and graduated from Hays High School. She has extensive experience in many areas of law. Since 2006, Adelie has worked for various local Austin attorneys.
Serious Personal Injury
Every year, hundreds of Texans suffer serious injury because of the reckless actions of another. If you were hurt in a car accident or pedestrian accident, or a loved one was injured using a defective product, the personal injury attorneys at O'Hanlon, McCollom & Demerath are here to help.
Wrongful Death
It is unfortunate, but it is usually up to the victim's family to pursue a wrongful death claim after the accidental death of a loved one. At a time when you feel most vulnerable and emotionally exhausted, a lawsuit is the last thing on your mind. But it's important to give it some consideration. An experienced, dedicated Austin injury attorney can help.
Car Accidents
Car accidents carry serious physical and financial consequences. Injuries can leave you unable to work and prevent you from enjoying a normal life. To make matters worse, your insurance company may more committed to its bottom line than your recovery. At O'Hanlon, McCollom & Demerath in Austin, Texas, our main priority, is representing people who have been injured in car accidents and make them whole again.
Motorcycle Accidents
With the freedom and excitement motorcycle riders enjoy comes the risk of serious injury in an accident. Despite the consistent warnings drivers receive to “start seeing motorcycles,” thousands of people across Texas are injured in motorcycle accidents. If you have been involved in an accident, you can benefit from immediate representation from an experienced motorcycle accident lawyer .
Truck Accidents
Collisions between commercial trucks and cars or passenger trucks almost always result in life-changing injuries or tragic deaths. Because of the seriousness of these accidents, it's important to work with an experienced Austin personal injury attorney who will protect your rights.
Product Liability
Whether you buy something from a big-box retailer, midsize market, outlet store, mall, or small grocer, you expect the product to be safe. However, sometimes you may buy a product that injures you, and product liability and defective product law dictates who is responsible for this breach of the implied warranty of fitness for the product’s intended uses. The place from where you purchased the product, the company that made the product, or even the company that advertised the product may be legally held responsible for your injury.
Defective Drugs
The defective drug product liability attorneys at O'Hanlon, McCollom & Demerath law firm understand that your injuries and complications may be the result of a defective drug. We are here to help you get the compensation you deserve for your injuries.
Defective Medical Devices
The defective medical device liability attorneys at O'Hanlon, McCollom & Demerath law firm understand that your injuries and complications may be the result of a defective medical device. We are here to help you get the compensation you deserve for your injuries.
Business Litigation
Disputes are an unfortunate, and often expensive, part of doing business. At O'Hanlon, McCollom & Demerath in Austin, Texas, our business litigation attorneys are experienced professionals who can protect your interests if you are embroiled in a legal dispute.
Fatal Auto Accidents
Car accidents are the leading cause of accidental death, bringing pain and grief to hundreds of Texas families every year. If a loved one has died in a fatal car accident, an SUV rollover, a collision with a commercial truck, or a motorcycle crash, you will be facing financial challenges, and we are here to solve your problems.
Defective Machinery / Equipment
Heavy equipment and workplace machinery can be dangerous even when it’s used properly. But when that equipment is faulty, has defective parts, or has been improperly repaired or serviced, even careful users can suffer serious injury or death. The injury lawyers at O'Hanlon, McCollom & Demerath hold companies responsible for negligence in the manufacturing and maintenance of equipment and machinery that leads to injuries and deaths.
Pedestrian Accidents
Bike riders and cycling enthusiasts bear an unfair burden when car and truck drivers do not drive carefully. With so little protection beyond a bike helmet and their quick reflexes, cyclists often suffer severe injuries when a car makes a sudden stop or a truck turns into their path. Sadly, many bicycle accident victims are children. If you have been seriously injured or a loved one has died in a bicycle collision with a motor vehicle or a cycling accident on a dangerous property, you may have a right to financial compensation.
How do I choose the right attorney for my case?
When you or a loved one has suffered an injury, hiring an attorney is one of the most important steps you will take toward seeking compensation from those who are responsible for your injuries. This can be a daunting and complicated process if you have never before hired an attorney and do not know how it all works.
What are my rights as a client?
If you ever have any questions about these rights, or about the way your case is being handled by your attorney, do not hesitate to express your concerns to your attorney. He or she should be readily available to represent your best interests and keep you informed about your case.
What should I do immediately after an accident?
Just after an accident or other event which seriously injures your or a loved one you may not know what to do or where to turn for help, especially when you have been injured by the negligence or wrongdoing of another person, or in many instances, the manufacturer of defective equipment or other products.
What is the Personal Injury Lawsuit Process?
After an accident in which you or a loved one are injured, and you have sought medical attention and have hired an attorney to handle your insurance claim, you may be on your way to becoming a plaintiff in a personal injury lawsuit if the insurance company has refused to make a reasonable offer of settlement on your injury claim.
Could ERISA reduce my claim recovery?
The Employee Retirement Income Security Act of 1974, known as "ERISA", is a federal law that may allow your insurance company, or your employer's health plan, to recover its costs on your claim, from a settlement or trial verdict award you may receive as a result of a personal injury lawsuit. This is known as "subrogation", and is considered to be a complex area of law. Potential subrogation interests should be discussed with your personal injury attorney after his/her review of any subrogation clauses in your insurance policy or your employer's health plan provisions.
What information will my attorney need from me?
When you or a loved one have been injured in any type of accident it is important to keep extensive documentation of the incident and your injuries. Your personal injury attorney will interact with insurance companies and defense attorneys on your behalf, and in order to make a proper claim for all the benefits you are entitled to, this documentation is necessary.
Some of our Victories
Product Liability Victory
Our firm represented a golf course grounds keeper who, due to a mechanical design defect in the industrial mower he was operating, was crushed under the machine when it fell into 15 foot ravine. The client suffered partial blindness, memory loss, and permanent brain damage.
Widow Prevails in Wrongful Death Action
Justin Demerath, in joint representation with his father, Attorney Larry Demerath, represented the widow of a truck driver who was killed when his vehicle struck a large tire that had detached from another truck. Larry and Justin are pictured above with the client.
Successful Settlement
Our firm represented a family in a wrongful death action against a large trucking company when their father was struck and killed by an 18-Wheeler due to a defective brake pedal. The case settled prior to trial. The brothers are pictured above.
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Our Practice Areas
Serious Personal Injury
Wrongful Death
Car Accidents
Motorcycle Accidents
Truck Accidents
Product Liability
Defective Drugs
Defective Medical Devices
Business Litigation
Fatal Auto Accidents
Defective Machinery / Equipment
Pedestrian Accidents
Automotive Product Liability
Sexual Assault / Abuse
Train,Plane,Bus,Cruise Accidents
Boating and Jet Ski Accidents
ATV Accidents
Bicycle Accidents
Catastrophic Injury
Spinal Cord Injury
Testimonials
The attorneys at O'Hanlon, McCollom & Demerath have handled many different types of cases for individuals across the state of Texas. The types of cases we have handled range from small automobile cases to major product liability cases. To view some representative cases our firm has handled, click below.
Product Liability / General Negligence
Facts and Allegations:
Plaintiff was operating a defective Vermeer 8550 tractor, on and near a street named Regatta Cove in Travis County, Texas. While operating the tractor, Plaintiff began driving the machine down a graded embankment toward the area where Plaintiff was to begin operating the tractor’s implement. Suddenly and without warning, as a result of poor maintenance and defective conditions in the product, the tractor began to coast without the benefit of the braking power usually supplied by the tractor’s hydrostatic transmission. The tractor was coasting in the general direction of a group of men working on the premises and gaining speed. As the tractor quickly accelerated down the embankment, Plaintiff aggressively attempted to slow the tractor’s increasing momentum by any means necessary, including reducing the flow to the hydrostatic transmission, dropping the front and rear implements to the ground, and changing the course of the tractor to an uphill course; however, the tractor behaved as though there was no hydraulic pressure. All systems were unresponsive. Further, while attempting all other means to slow the machine, Plaintiff was attempting to actuate the conventional braking mechanism, which did little to slow the forward progression. After proceeding approximately 40 yards downhill and reaching a speed that it would normally be unable to attain under its own power, the defective tractor slammed into a small cedar tree and fell sideways off a 6 foot drop off, coming to rest on its right side.
While the tractor was in mid-air falling off the embankment, Plaintiff attempted to jump away from the machine in an effort to avoid injury. Unfortunately, Plaintiff was unable to put enough distance between himself and the falling tractor. The machine had a metal sunshade affixed to the top of the roll bar located over the operator’s seat. The sunshade of the tractor landed across Plaintiff’s femurs a short distance below his hips, severely injuring and permanently disabling Plaintiff.
The tractor in question was designed and manufactured by Defendants Vermeer Manufacturing Company and Vermeer Equipment of Texas, Inc., and distributed to and maintained by Defendant Holt Rental Services, Ltd.
Damages:
Plaintiff’s injury resulted in bilateral femur fracture as well as left calcaneus and talar fracture. The left femur was fractured above the knee and the right femur was fractured near the right hip. Plaintiff’s experts included medical providers, life care planners, vocational experts, economists, and mechanical engineers.
Automobile Collision
Defendant was driving a 2002 Ford Taurus owned by Defendant’s husband’s employer, and was headed northbound in the right hand (outside) lane of RM 620 N. An innocent bystander was driving her Lexus RX300 in a lawful and prudent manner while traveling in the right hand (outside) lane also headed northbound on RM 620 N in Travis County, Texas. When traffic in front of the innocent bystander’s vehicle came to a stop, she gradually applied her brakes and came to a complete stop at a safe distance behind a 2003 Mazda driven by the Plaintiff. Plaintiff’s two minor children were back seat passengers in Plaintiff’s vehicle at the time of the accident. The innocent bystander was directly behind Plaintiff. Defendant failed to keep a proper lookout, failed to observe traffic conditions directly in front of her, failed to control the speed of the vehicle she was driving, failed to timely apply her brakes, failed to take proper evasive action by swerving to the left or right and violently collided with the rear of the innocent bystander’s vehicle at approximately 65 miles per hour. The force of the impact from the collision with the Defendant’s vehicle caused the innocent bystander’s vehicle to be propelled forward and collided with the rear of Plaintiff’s vehicle, which then propelled Plaintiff’s Mazda forward causing it to collide with the rear of a stationary 2002 International truck. Significant damage was sustained by all vehicles involved, as well as their occupants.
Injuries/Damages:
Plaintiff’s injuries required an anterior cervical discectomy with interbody allograft fusion and multiple cervical facet joint injections. Additionally, she suffered from muscle spasms, sleep disturbance, and migraines and missed approximately 6 months of work. Additionally, Plaintiff’s minor children suffered multiple lacerations requiring stitches and staples to repair.
Employment Discrimination
A discrimination case was brought by our firm on behalf of four minority Plaintiffs against the Texas Department of Criminal Justice. The Plaintiffs were four African American males, and one Hispanic male. All four plaintiffs were employed as auditors for the Community Justice Assistance Division of Texas Department of Criminal Justice. While employed, each unsuccessfully applied for promotions that became available in that Division. Upon rejection of said applications, each Plaintiff filed a complaint with the Texas Commission on Human Rights and subsequently brought this suit alleging racial discrimination motivated the TDCJ promotion board members decisions in this case, to promote applicants of a different race than Plaintiffs.
The four minority plaintiffs contend that virtually no minorities in the Community Justice Assistance Division (CJAD), where they were all employed as program auditors, were promoted to management level positions (grade 17 or higher) during the period from 1995 to 1998, until Plaintiffs filed their administrative charges of discrimination with the EEOC and Texas Commission on Human Rights and this suit. Plaintiffs proceeded under two theories of recovery. First, Plaintiffs alleged disparate treatment claims; that in each individual hiring decision named in the pleadings one or more Plaintiffs was more qualified than the selected applicant. Second, Plaintiffs alleged a disparate impact claim, asserting in that a statistical analysis shows that a statistically significant impact on qualified minority applicants who were unsuccessful for management level positions (G-17 and higher jobs), during the relevant period, as a result of the application of the purportedly non-discriminatory promotional practices of the Defendant.
After multiple denials of motions for summary judgment and two interlocutory appeals, Defendants finally agreed to enter into settlement negotiations in the case.
Insurance Bad Faith
In June of 1998, the defendants, two title policy corporations, issued a title policy to plaintiffs insuring the title of a home to be constructed at on Waterfront Ave., Austin, Texas. In the late summer of 1998, construction began on this home in reliance on information regarding the state of Plaintiffs’ title provided by the defendants. During the course of construction, Plaintiffs became aware that defendants had outright missed four separate deed restrictions in the title policy exemptions from coverage. The restrictions defendants failed to include consisted of a 40 foot setback on two sides of the home, and three separate restrictions on the location and nature of the driveway.
The plaintiffs were sued by adjoining lot owners for violating the restrictive covenants not exempted on the title policy. Defendants agreed to unconditionally defend and indemnify the plaintiffs in this underlying lawsuit.
Over the course of the underlying lawsuit, construction was forced to halt due to the uncertainty of the outcome regarding the title defects. During that time, five separate claims were made by Plaintiffs, as their actual damages in the form of legal services and construction loan extensions mounted. Defendants authorized these payments by stating to the plaintiffs through their attorney in the underlying case that these expenses would be taken care of after the underlying lawsuit was settled. No formal denial of claims or reservation of rights was ever sent.
The underlying lawsuit was settled, the home was completed, and the actual damages sustained by Plaintiffs were fixed. Fifteen (15) months after the first demand for damages, after defendants had unconditionally defended the underlying claim, the defendants denied liability for the expenses.
Plaintiffs alleged violations of the Texas Insurance Code, Sec. 21.21, and the Deceptive Trade Practices Act, as well as negligence and negligent misrepresentation. Defendants denied policy coverage, and denied they accepted liability for the claims.
Premises Liability
On May 25, 2002 at approximately 12:00, Plaintiff visited a drinking establishment located on 6th Street in Austin, Texas. Plaintiff is employed as an automobile valet, and had just finished working for the evening.
Upon entering Defendant’s property, Plaintiff walked to a rear area of the premises down an extremely steep flight of stairs. The stairs in question in this matter had recently been replaced, and while they were formerly covered with a non-slip surface, they were not at the time of the incident. Defendants had allowed the floor to become wet as patrons of the crowded establishment spilled their beverages on the stairs. Testimony from employees of the bar established agents of the premises owner were aware of the dangerous condition. Conversations were had among staff members that there was a high degree of likelihood that someone would “bust their ass” going up and down the stairs, and they looked forward to viewing the display each night.
After remaining on the premises for approximately 20 to 30 minutes, Plaintiff began returning to the front area of the establishment carrying a glass container in each hand. Plaintiff had climbed approximately 5 of the 10 stairs leading to the front of the establishment when his rubber soled shoes slipped on the new stairs, causing Plaintiff to fall forward. As this happened, Plaintiff instinctively attempted to catch himself from falling to the floor with his hands. Unfortunately, the glass he was carrying remained in between his hand and the stairs as the two met. The force of the fall caused the glass to shatter, lacerating Plaintiff’s left palm and interior tendons.
After collecting and reviewing medical records and affidavits from witnesses, Plaintiff and Defendant were able to reach an amicable settlement as follows.
On the Job Injury
Facts and Allegations:
This action resulted from a stage assembly accident that occurred in Austin, Texas. Plaintiff was employed as a general laborer for with companies who were employed to assemble and disassemble large event stages at Reliant Stadium in Houston, Texas. Defendants were not subscribers to the Texas worker’s compensation system.
Plaintiff was assembling a stage for a heavy metal concert at Reliant Stadium. The day after a show, Plaintiff and his co-workers immediately began to disassemble the stage. Plaintiff’s supervisor had been working extremely long hours, and in an effort to maintain his stamina, had allegedly been using cocaine.
The stage that was utilized for this particular show consisted of six towers. Each tower was approximately 75 feet tall and consisted of three segments of 25 feet each.
On the day of the incident, the supervisor was in a rush to finish the deconstruction of the stage and was not using the proper safety procedures. As the stage was disassembled, it was done so in an unsafe manner. Objections to the disassembly procedure were made by multiple workers, including plaintiff, however, the supervisor disregarded these warnings and instructed the crane operator to set the tower down and instructed the workers to begin disassembling the tower in an unsafe manner. As a result, one of the 2 ton segments fell onto Plaintiff’s foot, crushing and trapping the tips of his toes beneath it, necessitating amputation of portions of the same.
Injuries/Damages:
After the early stages of gangrene set in to plaintiff’s toes, amputation of portions of three toes became necessary.
