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$1.5 MILLION SETTLEMENT FOR FOUR CLIENTS WITH VARIOUS INJURIES HURT IN BOATING ACCIDENT
Jason M. Welborn obtained over $1.5 million for four clients with various injuries as a result of a barge waking accident. The inland barge and tow at issue was traveling through the ICWW at an unsafe speed causing the plaintiffs small fishing boat to capsize.
$1,250,000.00 confidential settlement, with a waiver of $266,000.00 on the workers’ comp lien/subrogation, for an offshore worker who injured his shoulder while working out in the exercise room while on a jack-up drilling rig.
$560,000.00 VERDICT FOR CLIENT WHO INJURED HER LOW BACK IN LOW IMPACT AUTO ACCIDENT WITH LESS THAN $1,100 IN PROPERTY DAMAGE
Jacob Hargett and Jason M. Welborn obtained a trial court verdict, which was sustained on appeal, totaling over $560,000.00 for their client who had a low back injury from a minor low impact auto accident where lumbar surgery was recommended but not obtained. Clients past medical expenses were under $32,000.00.
$1.15 MILLION SETTLEMENT FOR A CLIENT WHO INJURED HER NECK AND LOWER BACK IN AN AUTO ACCIDENT
Jason M. Welborn obtained a $1.15 million settlement for a sales clerk who injured her neck and back in an auto accident resulting in back surgery.
$850,000 SETTLEMENT FOR A BOAT CAPTAIN WHO INJURED HIS NECK IN A COLLISION BETWEEN 2 BOATS
Jason M. Welborn obtained an $850,000 settlement for a boat captain who injured his neck in a collision occurring on the inland rivers of Louisiana. The client underwent neck surgery as a result.
$7.1 MILLION VERDICT
Jason M. Welborn and Joseph F. Gaar obtained a $7,100,000 trial verdict for a floorhand who injured his leg in an oilfield accident and developed Complex Regional Pain Syndrome.
$2.5 MILLION SETTLEMENT
Jason M. Welborn obtained a $2,500,000 settlement for a 6 year old boy who sustained a head injury when his mother’s vehicle was rear-ended by a commercial truck.
$2.1 MILLION VERDICT
Jason M. Welborn obtained a $2,100,000 verdict for the parents of a 24 year old woman tragically killed in an auto accident.
$1.75 MILLION SETTLEMENT
Jason M. Welborn and Lucas S. Colligan obtained a $1,750,000 settlement for a small business owner who suffered neck and back injuries in an auto accident.
$1.575 MILLION SETTLEMENT FOR NECK AND BACK INJURIES SUFFERED IN AN AUTO ACCIDENT
In “Nathaniel Toby, Sr. v. Travelers Insurance Company, et al”, Jason M. Welborn obtained a total settlement of $1.525 million for injuries suffered by a 72-year-old plaintiff in an intersection automobile accident in South Texas. In this case, Mr. Toby was a guest passenger in a vehicle being driven by the defendant. Unfortunately, the defendant ran a stop sign which caused the catastrophic motor vehicular collision. As a result of the collision, Mr. Toby began experiencing neck and back pain which ultimately resulted in surgical intervention. Prior to Mr. Welborn and The Gaar Firm becoming involved, the defendants had refused to pay any settlement funds as a result of coverage defenses that they believed would defeat Mr. Toby’s entitlement to insurance proceeds from the defendants. After taking over the case, Mr. Welborn filed the appropriate Motions for Summary Judgment and ultimately won the right to coverage under the policy. After winning the right to coverage, Mr. Welborn proceeded to take all of the necessary medical depositions, in order to solidify the damage claim. Having lost its defenses on the coverage issues, and bearing witness to the testimony of the various treating physicians, the defendants agreed to pay $1.525 million in total settlement. This recovery was made, despite the fact that Mr. Toby was a retired former concrete worker, and no wage loss or economic loss could be argued.
$1.525 MILLION SETTLEMENT
Our firm’s auto accident attorneys represented a 72 year old gentleman who was injured when the car he was riding in ran a stop sign causing an accident. As a result of the auto accident, our client suffer severe neck and back injuries that required surgery. During the case, our auto accident attorneys were successful in convincing the court that the insurance policy for the business owned by the driver applied to provide coverage to our client. After extensive medical discovery, the defendants paid a total of $1.525 million to settle the case.
$1.5 MILLION SETTLEMENT FOR FALL OCCURRING AT WORK RESULTING IN CONTROLLED SEIZURE DISORDER
In a confidential settlement, Jason M. Welborn obtained a $1.5 million settlement, following mediation for a head injury, which resulted in a controlled seizure disorder. The plaintiff was employed at a pipe yard, and while working for his employer, he was required to traverse a dilapidated roof. While moving from one location to another, he was required to remove his safety harness from the existing life lines, in order to relocate to a new position. While in the process of relocating, he fell through a weak spot in the existing roof, suffering a concussion, a broken hand, and two broken ribs. Over the next few months, the plaintiff developed a seizure disorder, which caused him to have epileptic episodes on an occasional basis. The plaintiff's seizures were effectively controlled with a combination of medications, avoiding the necessity for brain surgery. Through diligent discovery and litigation efforts, Mr. Welborn was able to successfully convince the defendants that the accident fell outside of the Workers' Compensation immunity, and entitled the plaintiff to a recovery.
More importantly, Mr. Welborn was able to successfully overcome the 1 percent comparative fault rule in Alabama. To explain, in Alabama, if a person is 1 percent responsible for their injuries, then they are not entitled to recover any amount. Through diligent litigation efforts, Mr. Welborn was able to convince the defendants that the plaintiff would not bear even 1 percent responsibility, despite the fact that he had untied from one life line in order to move to a second life line. At mediation, Mr. Welborn was able to convince the defense attorneys that they faced substantial exposure, even though the 1 percent rule would deny the plaintiff recovery if proven. The $1.5 million recovery was a lump sum settlement for all damages incurred by the plaintiff.
$1.3 MILLION SETTLEMENT
Our firm’s Lafayette Maritime Attorneys represented a man who was injured while attempting a personnel basket transfer from an oil rig to the deck of a boat. A previous attorney had advised the client his claim should be settled for $60,000. Our Lafayette Maritime Attorneys proved that the boat company and crane operator were negligent when they attempted the transfer in rough weather with an unqualified crane operator.
$1.275 MILLION JURY VERDICT
Our firm’s Louisiana Wrongful Death Attorneys represented the family of a 17 year old girl who was tragically killed when she was hit by a truck while walking on the side of the road. The jury awarded damages of $1.275 million to the mother and father of the young lady. Our firm proved that the driver of the truck was traveling at an unsafe speed and was not paying attention to the road way at the time of the accident.
$1.243 MILLION JUDGE VERDICT
Our firm’s Jones Act and Maritime attorneys represented a boat owner whose pleasure craft was partially capsized by the wake of a passing tug boat. While our client was tied to a dock doing repairs on his boat, a tug boat passed at a high rate of speed throwing a 6 foot wake. As a result, our client was forced to undergo back surgery for a herniated disc. At trial, our experienced maritime attorney convinced the court that the tug boat was operating at an unsafe speed and awarded $1.243 million dollars to compensate the victim.
$1.18 MILLION SETTLEMENT FOR AUTO ACCIDENT REQUIRING SPINAL SURGERY
In Clay Mouton v. Willis Provost Transportation Company, Inc., Docket Number 00107070, 16th Judicial District Court, Iberia Parish, La., Jason M. Welborn settled an auto accident case, resulting in spinal surgery for $1.18 million, representing the policy limits of the underlying defendant’s insurance policy. Mr. Mouton was injured when he was traveling La. Highway 343, during the time when farmers were burning their cane fields. The defendants in this matter had lit a cane field fire to burn off cane residue, following the harvest season. The defendants lit the fire, and then left the scene of the fire, which allowed smoke to accumulate and obscure vision, for traffic traveling on La. Highway 343. Unfortunately, an 18-wheeler owned by one of the defendants entered the smoke bank and then stopped within the smoke bank. As Mr. Mouton entered the smoke bank, he crashed into the rear of the stopped 18-wheeler, and was subsequently rear-ended by another vehicle.
Jason M. Welborn filed suit against the farmer lighting the fire, the 18-wheeler, and the rear-ending vehicle. During the course of the trial, Mr. Welborn successfully established coverage under the farmer’s farm liability policy through Motions for Summary Judgment. After winning the issues of coverage, the defendants had no choice but to tender their entire policy limits of $1.18 million, to compensate Mr. Mouton for his injuries. Mr. Welborn successfully convinced the defense attorney that it was necessary to tender this $1.18 million policy limit, to avoid the potential for an excess judgment against their insured. The defendants elected this path, rather than proceeding to trial.
$857,500 FOR MANLIFT MALFUNCTION ACCIDENT WITH LUMBAR FUSION SURGERY
In a confidential settlement, Mr. Welborn, in association with the Gaar Law Firm, obtained an $857,500 confidential settlement following mediation. The client was injured as a result of a manlift malfunction and tip-over accident, which occurred while at work. The client, who was employed as a rigger, was injured when a 120-foot aerial manlift which had been rented to the client’s employer malfunctioned, causing it to tip over. The client fell approximately 90 feet and injured his cervical and lumbar spine. Plaintiff contended, and was able to prove that the manlift malfunctioned due to the rental company’s failure to properly inspect and repair the manlift in question, while making a routine service call several days prior to the accident at issue. The manlift in question was designed so as to prohibit the operator from taking the basket outside of the “safe working envelope”.
During discovery, Mr. Gaar and Mr. Welborn established that the alarm system failed to warn the operator, that he was operating outside of the safe working envelope and further, that the platform failed to automatically retract to within safe working limits, thus causing the manlift to tip over, and causing the client’s injuries. Mr. Welborn and Mr. Gaar proved that the service mechanic, who had visited the employer’s yard just two days before the accident at issue, failed to repair and/or correct the malfunctioning emergency management system (EMS), which was responsible for keeping the personnel basket within the safe working envelope. The Gaar Law Firm was successful in obtaining a $857,500 lump sum award, in full and final settlement of the client’s claims against the manufacturer and rental company.
Our firm’s maritime and Jones act attorneys represented a gentleman who injured his back and ankle while he was working aboard a Dredge boat. In the accident, the defendants had provided our client with a defective tool. While working with the tool, it broke causing our client to break his ankle and suffer a ruptured disc. Both injuries required surgery. Our maritime and Jones Act attorneys, convinced the boat company that the tool was defective resulting in a settlement of $850,000. Our client even got his job back after the case was settled.
Our firm’s Maritime attorneys represented a gentleman who was injured during a personnel basket transfer in rough weather. While attempting to transfer from an oil rig to the deck of a boat, our client was injured when the crane operator allowed the basket to hit the side of the boat and crash to the deck. Our Maritime attorneys convinced the boat company and the crane operator that they shared the fault for the accident and was able to get a combined settlement of $800,000 for his injured back.
$790,000 FOR TRUCKING ACCIDENT WITH A SINGLE LEVEL LUMBAR SURGERY
In Lyman Seaux v. Judice Sand and Gravel Company, Inc., Docket Number 2003-0814 Div. “K”, 15th Judicial District Court, Lafayette Parish, La., Jason M. Welborn successfully settled a single level lumbar surgery case with the defendants for $790,000. In this case, Mr. Seaux was injured when a dump truck, which he was using to haul dirt for Judice Sand and Gravel, collapsed during an unloading procedure. As a result of the collapse, the dump trailer crashed back into the bed of the truck, jarring Mr. Seaux, and causing an injury to his lumbar spine. After working up the medicals, it was ultimately determined that Mr. Seaux would require lumbar surgery to repair his problems.
During the course of the litigation, the defendants argued that they were not responsible for the overloading, and hired a hydraulics engineer to establish that the reason for the cylinder collapse was not the overloading of the trailer. After flying to Salt Lake City, Utah to take the deposition of the hydraulics engineer, Mr. Welborn was able to establish that the expert had no basis for his opinion, and filed a Motion to Exclude his testimony at trial. Facing the fact that they would likely go to trial, without the use of an expert, the defendants were forced to pay Mr. Seaux $790,000 in settlement for his lumbar injury.
$750,000 SETTLEMENT FOR TRUCKING ACCIDENT WITH UNOPERATED CERVICAL AND LUMBAR INJURIES
In David K. Vincent v. Bobby D. Messer, Ace Transportation, Inc. and Liberty Mutual Insurance Company, Docket Number: 2002-5014 DIV. “F”, 15th Judicial District Court, Lafayette Parish , La., Jason M. Welborn and the Gaar Law Firm obtained a $750,000 settlement following mediation for unoperated cervical and lumbar disc injuries. Mr. Vincent was injured when his 18-wheeler broadsided an Ace Transportation flatbed trailer, as it attempted to cross Highway 90 in Lafayette, La. Mr. Vincent sustained an injury to his neck and back, which resulted in a surgical recommendation from his treating physicians. However, Mr. Vincent elected not to undergo the surgical procedures prior to the time of trial. At mediation, Mr. Welborn was able to convince the defense attorneys that they faced substantial exposure, even without Mr. Vincent having undergone the surgical procedures. The $750,000 was a lump sum cash settlement for all damages incurred by Mr. Vincent.
Our firm Jones Act and Maritime attorneys represented a gentleman who was injured when the wake from a tug boat violently hit his pleasure craft. After three full days of trial, the defendants waived the white flag and offered our client $750,000 to compensate him for his injuries. The accident caused our client to suffer an injury to his neck, requiring surgery. Although the defense was initially confident in their case, our experienced maritime attorneys forced their expert to admit the tug boat was operating at an unsafe speed. After this admission, the tug boat company paid $750,000 to avoid the trial verdict.
Our firm’s Maritime and Jones Act attorney’s represented a tug boat captain who injured his neck and shoulder while attempting to descend a flight of stairs leading from the wheelhouse to the galley. The Captain was required to have neck surgery to repair a ruptured disc. Our Maritime and Jones Act Attorneys was able to convince the defendant that the handrail was unsafe and that there was a foreign substance on the stairs. This is yet another example of the hundreds of Jones Act seaman our firm has helped get justice.
$600,000 FOR A SINGLE LEVEL CERVICAL FUSION
In Marcy Latiolais v. L’Auberge Du Lac Casino in Lake Charles, La., Docket Number 2005-001401 G, 14th Judicial District Court, Calcasieu Parish, La., Jason M. Welborn obtained a $600,000 settlement for a single level cervical fusion. Mr. Latiolais was injured when he was thrown from the back of a forklift, on the grounds of the L’Auberge Du Lac Casino and Hotel in Lake Charles, La.
Mr. Welborn argued that the operator of the forklift, a L’Auberge employee, operated the forklift in a negligent fashion, and ultimately caused Mr. Latiolais’ injuries. Despite the fact that Louisiana Courts have held that a single level cervical fusion has a value of $100,000 to $150,000, Mr. Welborn was successful in convincing the casino that they faced substantial exposure, should the matter proceed to trial. Within a few months of taking the tactical depositions of the L’Auberge employees, and establishing that the forklift operator had performed his job task negligently, Mr. Welborn was successful in obtaining a $600,000 lump sum award in full and final settlement of Mr. Latiolais’ claim. Mr. Latiolais has returned to work, following the very successful result for his cervical surgery, along with his $600,000 settlement.
$575,000 SETTLEMENT FOR JAW INJURY WITH SEIZURES
In “Jeremy P. Rosiere v. Wood Towing, LLC”, Jason M. Welborn and The Gaar Firm obtained a settlement of $575,000 for a questionable head injury occurring at work. In the Rosiere case, Mr. Rosiere alleged he was injured as a result of being hit in the lower jaw by a tie rope connecting his employer’s tug to a barge. Unfortunately, Mr. Rosiere’s accident was unwitnessed, and he failed to report that he was knocked unconscious to either his captain or fellow crew mates. However, he did have a cracked front incisor, and reported to his accident to his superiors. During litigation, issues arose in the case regarding the existence of the head injury and whether or not there was a blow to the head sufficient to cause a closed head injury. The defendant’s attorney hired a neuropsychologist, neurologist, and psychiatrist, who all offered the opinion that the impact, if any, was insufficient to cause the damage claimed by Mr. Rosiere. To combat these opinions, Mr. Welborn hired experts from Louisiana and Arkansas to establish the injuries suffered by Mr. Rosiere. After many depositions, court appearances, and court rulings, Mr. Welborn convinced the defendant to pay the sum of $575,000 in full and final settlement of Mr. Rosiere’s claim. In addition, Mr. Welborn was able to secure a complete waiver of the maintenance and cure benefits previously paid by its employer. In total, Mr. Rosiere received an economic benefit as a result of the direct efforts of Mr. Welborn of more than $600,000.
$575,000 SETTLEMENT FOR NECK AND BACK INJURIES ARISING FROM AN AUTO ACCIDENT
In “Willie Labbe v. Shayne Domingue’s Sand and Gravel, Inc., et al.”, Jason M. Welborn obtained a settlement of $575,000 for neck and back injuries suffered in an automobile accident. At the time of the automobile accident, Mr. Labbe was working on a part-time basis for Sears as a repairman. During his travels from his home to a work site where the repairs would be completed, he was involved in a catastrophic motor vehicle collision resulting from the defendant’s negligence. Essentially, the defendant, who was faced with a flashing red light and stop sign, entered the intersection directly into Mr. Labbe’s back. Following the collision, Mr. Labbe experienced pain in his neck and back. However, initially the doctors believed that the neck was the most severe of the two injuries.
After receiving a successful cervical surgery, Mr. Labbe’s back complaints again surfaced. The argument in the case was establishing the medical relationship between the back injury and the accident. After taking the depositions of several physicians, including the independent medical examiner hired by the defendants to help defeat the claim, Mr. Welborn was able to successfully convince the defendants that a judgment would likely include damages for both the neck and back injury. As such, the defendants agreed to pay the amount of $575,000 to Mr. Labbe in order to settle his claims.
$575,000 SETTLEMENT FOR CREW BOAT COLLISION ACCIDENT WITH SINGLE LEVEL LUMBAR SURGERY
In Kevin Gaspard v. Cameron Offshore Boats, Inc., CV:02-2038, United States District Court, Western District of Louisiana, Lafayette-Opelousas Division, Mr. Welborn obtained a $575,000 settlement for a single level lumbar surgery resulting from an offshore crew boat collision accident. Mr. Gaspard was injured when two crew boat vessels, traveling in dense fog, collided off the coast of Louisiana in the Gulf of Mexico. As a result of the collision, Mr. Gaspard suffered a herniated disc in his lumbar spine, which ultimately led to a single level lumbar fusion surgery. Despite the fact that Louisiana Courts generally award $150,000 for a single level lumbar fusion, the Gaar Law Firm was successful in convincing the defendants that they faced substantial exposure, should this matter proceed to trial. Just days prior to the trial, the defendants met the plaintiff’s settlement offer of $575,000, resulting in a full and final settlement of Mr. Gaspard’s claims. Mr. Gaspard returned to work, and had a very successful result from his lumbar surgery, to go along with his $575,000 settlement.
Our firm’s Heavy Trucking Accident and auto accident attorney’s represented a 60 year old Hispanic man who was injured when an 18-wheeler ran a stop sign directly into the path of our client. As a result of the accident, the client injured his neck and hand. The client had severe degenerative changes in his neck due to age that were aggravated in the accident. Our firm’s heavy trucking accident and auto accident attorneys convinced the defendants that the aggravation was caused by the accident and that surgery was required.
Our firm’s oil rig accident attorneys represented a gentleman who was injured when the floor of a drilling rig he was working on had collapsed. As a result of the collapse, our client sustained an injured back that required surgery. The question in the case was whether our client’s employer or the oil rig builder was at fault in causing the collapse. After extensive depositions and research, our oil rig accident attorney convinced the oil rig repair company that they were at least partially responsible for the collapse. As a result they settled with our client for $540,000 to compensate him for his back injury.
$506,000 TRIAL VERDICT FOR UNEMPLOYED COUNTRY/WESTERN SINGER WITH QUESTIONABLE SPINAL INJURY
In Virgie Ann Causey v. Walter J. Tortorich, et al, Docket Number 66302-A, 13th Judicial District Court, Evangeline Parish, La., Joseph F. Gaar, Jr. and Jason M. Welborn successfully litigated an unwitnessed, single car accident, where Ms. Causey struck a cow that escaped from its enclosure and was wandering the road. At trial, Mr. Welborn was able to successfully overcome an argument by the defendants that Ms. Causey’s spinal injuries were pre-existing, and unrelated to the accident.
Despite the fact that the defendants were able to uncover evidence of a prior accident, for which Ms. Causey claimed disability, Mr. Welborn and Mr. Gaar were successful in changing the defendants’ independent medical examiner’s opinion, with regards to causation. After detailed cross-examination, The Gaar Law Firm successfully convinced the defendants’ expert physician to change his prior opinion testimony and admit that Ms. Causey’s lumbar injuries were, in fact, related to her automobile accident. Following four days of testimony, the jury rendered a verdict in Ms. Causey’s favor, which ultimately allowed collection of $506,000, inclusive of court costs and judicial interest, despite the fact that Ms. Causey was only awarded $3,000 in economic loss. The jury simply did not believe that Ms. Causey, who has been unemployed since 1993, was entitled to an award of future economic loss. Nonetheless, the jury gave her a total award of $506,000 to compensate Ms. Causey for her injuries.
$500,000 SETTLEMENT FOR PORT CAPTAIN INJURED WHILE WORKING ABOARD EMPLOYERS TUG BOAT
In “Larry Joe Guillory, Sr. v. Eagle Inland Towing, LLC”, Mr. Welborn successfully settled a single level lumbar fusion case resulting from a tugboat accident. In the Guillory case, Mr. Guillory was employed as a boat mechanic/port captain and was assigned to work aboard his employer’s tugboats. During the course of performing an operation to change out a clutch on a starboard tugboat engine, Mr. Guillory was injured when he and a co-worker attempted to carry a 250-pound clutch from its location in the engine room to a waiting vehicle. In the process of traversing the deck of his employer’s tugboat, he and his co-employees became entangled, resulting in them falling to the ground.
The primary issue in Mr. Guillory’s case was establishing that he was a Jones’ Act seaman and entitled to pursue his claims against his employer. In general, an employee cannot sue his employer as a result of the doctrine called statutory immunity. Indeed, when an employee is hurt in the course and scope of his employment, his only remedy is workers’ compensation. Due to the efforts of Mr. Welborn, plaintiff was able to convince the defendant that there was a likelihood that Mr. Guillory would be determined to be a Jones’ Act seaman rather than a Long Shore employee. Based upon the depositions taken, the defendant elected to pay Mr. Guillory the sum of $350,000, new money, and a complete waiver of the $147,000 in Long Shore benefits previously paid. As a result, Mr. Welborn was successfully able to obtain a total settlement of just over $500,000 in total economic benefit to Mr. Guillory as a result of his injury.
$450,000 FOR A SINGLE LEVEL LUMBAR FUSION
In Tiffany Williams v. Golden Logistics, LLC, Docket Number 2004-CA-000278, the Fifth Judicial Circuit, In and For Sumter County, Fla., Jason M. Welborn successfully settled a single level lumbar fusion in a minimal impact collision for $450,000. In this case, Ms. Williams was an owner/operator truck driver, who was parked at a truck stop and was sleeping in her cab. While she was sleeping, a second 18-wheeler rolled into the front of her vehicle, knocking her from her bunk. As a result of the fall, Ms. Williams injured her lumbar spine, and ultimately required lumbar surgery. Due to the fact that this accident happened in Wildwood, Fla., the matter had to be litigated in Central Florida.
Despite the fact that the venue was very favorable to the defendants, Mr. Welborn was successful in pressuring the defendants to pay $450,000 for Ms. Williams’ injuries. The defendants relied on a report issued by their independent medical examiner, claiming that Ms. Williams’ injuries were pre-existing. However, on detailed cross examination, the defendant’s doctor changed his opinion, and agreed that Ms. Williams’ injuries were likely a result of the parking lot vehicle accident. As a result, the defendants were forced to pay Ms. Williams $450,000, in full and final settlement of her case.
$425,000 SETTLEMENT FOR HELICOPTER CRASH ACCIDENT WITH SINGLE LEVEL LUMBAR FUSION
In Jamie Bellard v. Air Logistics, Inc. d/b/a Offshore Logistics, Inc., 6:02 CV1829 (Lead), 6:02 CV1830 (Member), United States District Court, Western District of Louisiana, Lafayette-Opelousas Division, Mr. Welborn, in association with the Gaar Law Firm, obtained a $425,000 settlement for a single level lumbar fusion, despite the fact that Mr. Bellard was able to return to work following his surgery. Mr. Bellard was injured when a helicopter, in which he was a passenger, and which was owned by Offshore Logistics, Inc., malfunctioned and was required to make an emergency “landing” in the Gulf of Mexico. As a result of the emergency landing, Mr. Bellard sustained a herniated disc in his lumbar spine, which ultimately required surgery.
Mr. Bellard had a successful result in surgery, and was able to go to work following the resolution of his case. Despite the fact that the defendants were claiming that Mr. Bellard’s injuries could not have resulted from the “gentle landing” in the Gulf of Mexico, the Gaar Law Firm was successful in convincing the defendants that they faced substantial exposure should the matter go to trial. After protracted settlement negotiations, a settlement was ultimately reached the day of trial, resulting in a $425,000 settlement in favor of Mr. Bellard.
$375,000 FOR UN-OPERATED LUMBAR INJURY
In Mark Buteaux v. Faucheaux Brothers Airboat Services, Inc., Civil Action Number 05-2743 (LEAD), United States District Court for the Eastern District of Louisiana, Jason M. Welborn and The Gaar Law Firm obtained a $375,000 settlement, following mediation for an unoperated lumbar disc injury. Mr. Buteaux was injured when the airboat he was driving became lodged with a second airboat owned by his employer. In trying to free the two airboats, Mr. Buteaux was ordered, by his supervisor, to use his back and legs to try and push the boats apart from each other. While pushing against the boats, Mr. Buteaux felt a sudden pain in his back, which ultimately required medical treatment. Although one of Mr. Buteaux’s doctors recommended the performance of a lumbar fusion, Mr. Buteaux elected not to undergo the surgery at the time of mediation. At mediation, Mr. Welborn and The Gaar Law Firm were able to convince the defense attorneys that they faced substantial exposure, even without Mr. Buteaux undergoing the surgical procedure. The defendants paid $375,000, in a lump sum, for all damages incurred by Mr. Buteaux.
Our firm’s auto accident attorneys represented a gentleman who was injured when his truck was broadsided by another car. Although the client was already suffering from injuries caused by a previous accident, our firm convinced the opposing side that the accident aggravated a pre-existing ruptured disc in his lower back. After detailed medical testimony, the insurance company was unwilling to risk going to trial and paid our client $325,000 to settle the case. This is but one of thousands of auto accident victims our firm has won justice for.
$300,000 FOR KATRINA VICTIM WHO INJURED HER SHOULDER DURING EVACUATION
In Veronica Bannister v. E-Z Bus, Inc., Civil Action Number 6:06-CV-1320 LO, United States District Court for the Western District of Louisiana, Jason M. Welborn represented Ms. Veronica Bannister, who was an evacuee from the devastation caused by Hurricane Katrina, in New Orleans, La. During the evacuation, Ms. Bannister and her family were loaded onto a bus, owned by E-Z Bus, Inc., for transport from New Orleans to destinations unknown. While traveling on the bus, the driver and one of the other passengers became involved in an altercation, which ultimately caused the bus to roll over onto its side. As a result of the rollover accident, Ms. Bannister injured her right shoulder, which required surgery.
The major issue in the case was whether or not the bus driver could be held responsible for the altercation, occurring between him and the passenger. Through diligent research, Mr. Welborn discovered that the bus company was under an obligation to ensure the protection of its passengers. Mr. Welborn convinced the defense attorneys that their driver had an obligation to stop the bus at the first sign of trouble. After convincing the defense attorneys that they faced substantial exposure, should this matter go to trial, they agreed to pay Ms. Bannister $300,000 in full and final settlement for her injuries. Ms. Bannister is happily living in Texas, and has no restrictions resulting from this accident.
Our firm’s auto accident attorneys represented a gentleman who was injured when an 18-wheeler pulled out in front of our client causing him to leave the road to avoid the accident. As a result of the accident, our client aggravated a pre-existing neck injury. Even though the client did not want or have neck surgery, our auto accident attorneys convinced the insurance company that they were responsible for the accident and the neck injury. The defendant paid our client $300,000 to settle the claim for his injured neck.