The results you deserve
Verdict in Smith County, Texas
On January 30th, 2018, lawyers from Martin Walker, P.C. obtained a jury verdict totaling $43.32 million against Tyler, Texas based East Texas Medical Center and one of its doctors. The jury found that the hospital was grossly negligent in its retention and supervision of a doctor on probation whose abandonment and improper care led to a patient’s complete loss of his quality of life and ability to provide for his family. Lawyers from Tyler-based Martin Walker PC argued the hospital’s bylaws should have prevented Dr. Boyd from treating 61-year-old Billy Pierce who was hospitalized with stomach pain and vomiting in April 2014. Jurors heard testimony that Dr. Boyd erroneously concluded that Mr. Pierce had an anatomical abnormality that made it impossible to surgically remove bile duct stones.
The jury verdict included $18.57 million for past and future pain, anguish, loss of earning capacity, and medical care and expenses. The jury found that the hospital was 90 percent liable for the damages, while Dr. Boyd was 10 percent liable. With the gross negligence finding, the jury ordered $25 million in exemplary damages, finding that the hospital’s conduct involved an extreme risk of potential harm to others.
Verdict in Gregg County, Texas
Martin Walker P.C. obtained a verdict against the manufacturer of a platform fire truck in the amount of $800,750.00. The family of a firefighter killed in the line of duty sued the manufacturer alleging a design defect, a marketing defect, negligence, and gross negligence. The Jury found in favor of the family and held the company responsible under all four causes of action. The manufacturer demonstrated the 95 foot platform to the local fire department and did not require the use of safety belts while the metal enclosed bucket was in the air. During an initial training exercise, two firefighters were thrown out of the defectively designed doors of the platform bucket. Although required by law and company policy, there were no warnings given by the manufacturer in the bucket or during actual demonstrations conducted by the company.
AUTO ACCIDENT CASE
Judgment in Henderson County, Texas
On February 12, 2015, Martin Walker, P.C. obtained a $603,000 verdict in a three day trial involving an auto collision case in Athens, Texas. Jack Walker of Martin Walker, P.C., represented Michael Shayne Hall against Randall Cody Gilcrease, an on-duty employee of Chandler Drug, LLC. Mr. Gilcrease failed to pay attention to the traffic ahead, failed to control his speed, and rear-ended Mr. Hall at a high rate of speed, causing Mr. Hall’s vehicle to spin off the road.
Verdict in Gregg County, Texas
We obtained a verdict against a hospital and a doctor in the amount of $1,920,223.00. The family of a truck driver who was killed during an EGD procedure sued the anesthesia care team involved in his medical care. The failure to protect and manage their patient’s airway caused the death when our client retched up blood from a Mallory-Weiss Tear in his stomach. The doctors and hospital mislead the family into believing that their loved one would recover and were instructed to hold his hand and speak ”loudly” to him for several days despite the fact that the medical providers knew that he had developed anoxic encephalopathy and multi-organ failure due to the lack of oxygen to his brain.
BREACH OF INSURANCE CONTRACT
Judgment in Smith County, Texas
We secured a Judgment against an insurance company for breach of contract in the amount of $225,286.92. An insured who was sued for negligence and for an intentional tort was denied a defense of the lawsuit by his insurer. Despite the fact that the policy of insurance specifically requires a defense be provided at no cost to the policy holder if a lawsuit is filed against them even if the suit is frivolous, meritless, or baseless, the carrier refused to hire its insured an attorney. After the trial was concluded and the policy holder successfully defended the case with personal counsel which cost over $130,000.00, the insured sued his own carrier for breach of contract. The trial court held that the carrier had breached its duty to defend.
We helped a contract pumper from the east Texas oil field who suffered severe injuries when a negligent commercial truck driver crossed the center stripe on a two lane highway causing a horrific front end collision. After being life-flighted to a local hospital and undergoing an emergency surgery on his crushed pelvis and broken ankle, this car accident victim could not return to work to support his family for over a year. A nerve injury resulted in permanent incapacity.
We helped a client obtain a judgment in excess of $4 million as a result of a commercial dispute for losses caused by a subcontractor.
Negligence and Gross Negligence
We have represented hundreds of people involved in car accidents, helping them to resolve property damage disputes, find important and necessary medical treatment and return to work to support their families.
We helped the family of an elderly woman who was struck by an automatic revolving door. Sustaining a traumatic brain injury, this victim of a design defect in the revolving door died as a result of her injury.
Missed Diagnosis of Fracture – Confidential Settlement
We helped the family of an active, 27 year old wife and mother to a one year old whose medical provider failed to diagnose a fracture of the right femoral neck. As a result, she suffered bone death, loss of the hip joint, and a total hip replacement followed.
We helped a man and his family when he suffered severe brain damage when an anesthesiologist in a routine minor surgery over-sedated our client with a dangerous combination of versed, phentanyl and propofol (the anesthetic involved in the death of Michael Jackson). The mistakes made by the hospital and the doctor left our client in a wheel chair for the rest of his life unable to care for himself or for his family.
We helped a family who lost a child in an off-road vehicle accident. The child died as a result of drowning.
Traumatic brain injury of a child
We helped a family injured in Mississippi when an 18 wheeler rear ended their vehicle. One of the victims of the negligent commercial truck driver developed epilepsy from a traumatic brain injury and suffers from an uncontrolled seizure disorder.
FRONT END LOADER
We helped the family of a man crushed to death when the hydraulic system on a piece of farm equipment failed allowing the bucket to suddenly drop as he attempted to enter the cab.
We helped a worker who lost partial vision in his eye due to dangerous modifications made to tire cleaning equipment by his employer.
GUARD RAIL FAILURE
We helped the family of a woman who was killed when her vehicle was impaled by a guard rail which failed to collapse and recoil as designed by the manufacturer.
Trip and fall in a store
We helped the family of a man who was injured when he tripped over a box in a local store which violated company policy developed to prevent tripping hazzards to customers when shopping. Becoming paralyzed from the fall, our client died from complications from his injuries.
We helped the family of a woman who was run over at a crosswalk and died as a result of the injuries she sustained when the truck that hit her dragged her into the street.
We helped a man who was injured when the saddle on his horse failed causing him to fall. The manufacturer failed to make the saddle’s harness according to it’s own design specifications and faulty quality control procedures allowed the dangerous product to reach one of their customers causing serious injury requiring surgery.
We helped an elderly woman who was a victim of the predatory lending practices of a national bank. When her husband died, instead of providing a small home equity loan to pay funeral expenses, the loan officer persuaded the grieving widow to sign a note for all of the equity in the couple’s lifelong home. The bank ended up evicting the woman from her home and foreclosing on the property.
CARBON MONOXIDE POISONING
We helped the family of a man who was killed when a floor buffer malfunctioned causing excessive amounts of carbon dioxide to be released overcoming our client and causing his death.
NURSING HOME NEGLIGENCE
We helped the family of a woman who died as a result of the negligence of nursing home employees who failed to ensure that appropriate fall risks were addressed and that necessary fall protection equipment was utilized.
SAFETY HARNESS FAILURE
We helped the family of a man whose safety equipment failed as he worked on a tower allowing him to tragically fall to his death.
We helped the family of a man who was killed when the truck owned by an electric company illegally entered the highway crossing two lanes of traffic causing our client’s vehicle to roll over several times.