Skip to main content
Chad Devin Points
Avvo
Pro

Chad Points’s Legal Cases

8 total

  • Chambers v. L Qube

    Practice Area:
    Personal Injury
    Date:
    Apr 05, 2005
    Outcome:
    Confidential Settlement
    Description:
    FACTS & ALLEGATIONS. Late in the afternoon of April 5, 2005, Jessica Chambers was in the process of entering her second floor apartment when the concrete balcony floor below her gave way and she fell approximately 18 feet to the porch below. There was no warning to Jessica such a terrifying event was about to occur. L Qube Corporation is local Houston company owned and operated by two brothers. The company has several apartment complexes centered inside the 610 loop. The previous section of the balcony had fallen into such disrepair L Qube Corporation endeavored to repair the balcony. Despite having no training, not consulting the building code or an engineer, these two attempted a repair to the concrete floor of the balcony. The concrete slab used in the repair was not of sufficient thickness and not properly supported – predictably it failed. We sued L Qube Corporation on behalf of Jessica because of the company’s negligence and disregard for the safety of its tenants. Premises liability is a notoriously difficult area of the law for injured Plaintiffs. Equally difficult Landlord-tenant law layered on top of premises liability made this a very nuanced and complex case. Defense counsel filed two motions for summary judgment which we successfully defeated. The case was mediated twice before settling. INJURIES. Jessica suffered a skull fracture and was hospitalized for three days. She suffered from loss of hearing in her right ear, severe pain in her right ear, recurrent and severe headaches, blurred vision and had swelling on her brain. Jessica suffered from concussive related symptoms for two years. Jessica suffered a complete loss of smell and taste. Jessica’s back was also injured with her suffering herniated discs at several levels in her lumbar spine. RESULT. The case settled at the second mediation with the defendant demanding confidentiality. PLAINTIFF EXPERT. Norman Cooper, PE, balcony maintenance and inspections, Canyon Lake, TX. DEFENDANT EXPERT. Shelby Meadows, Jr., PE, concrete structures, Kingwood, Texas
  • Reyna v. KFM

    Practice Area:
    Admiralty & Maritime
    Date:
    Nov 14, 2010
    Outcome:
    Confidential Settlement
    Description:
    Jones Act/Maritime – Injury, Fractured Ankle – Surgery, Lower Back Case: Cause No. 11CV0016; Ismael Reyna vs. King Fisher Marine Service, L.P.; In the 56th Judicial District Court, Galveston County, Texas. The Honorable Lonnie Cox presiding. Date: November 14, 2010 Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas represented Ismael Reyna. King Fisher Marine Service, L.P. was represented by Daniel Pippitone and Kenneth Bullock of Chamberlin Hrdlicka, Houston, Texas. FACTS & ALLEGATIONS. Ismael Reyna was working as a deckhand on the tender boat Patty G which was attendant to the dredge Waymon Boyd. The Waymon Boyd, the crew of the vessel and the attendant vessels were working on a dredging job near Galveston when Ismael suffered injuries. The lawsuit was brought because the Waymon Boyd was unseaworthy in that the pontoon grating was damaged. When Ismael went to tie the line on the bit of the pontoon the line caught on the damaged grating. Negligence causes of action were also alleged because the boatmen did not assure the Patty G ran alongside the pontoon. Instead he let the Patty G drift in fairly rough seas, at night, while rain was coming down. The slack was out of the line by the time Ismael was able to release the line and discovered his foot was in the bite of the line. The line tightened around his ankle fracturing the ankle, lacerating his skin and causing him to fall hard to the deck. INJURIES. Ismael suffered a broken ankle that required surgical intervention and several months of physical therapy and rehabilitation. Ismael also suffered injuries to the discs of his lower back that required physical therapy. Ismael was unable to work at all for several months and could not return to his physically demanding, manual labor intensive job as a deckhand. RESULT. The parties agreed to a confidential settlement weeks after an unsuccessful mediation. Plaintiff Experts: Edward Geoffrey Webster, B.Sc., C. Eng., F.I.Mar, EST, F.R.I.N.A., Dredge Operations, Polices and Procedures, Canton, MS. Ruben Pechero, M.D., Treating Surgeon, McAllen, TX. Defendant Experts: Donald W. Breech, M.D., Medical opinions, Victoria, TX. Jorge Cordova, Dredge Operations, Policies and Procedures, Port Lavaca, TX.
  • Rivera v. S. Shipyard and K. Marine

    Practice Area:
    Admiralty & Maritime
    Date:
    Sep 10, 2010
    Outcome:
    Confidential Settlement
    Description:
    Jones Act/Maritime – Wrongful Death Case: Cause No. 11886; Ludivina Ramos, Individually and as Representative of the Estate of Juan Rivera vs. Southwest Shipyard, L.P. and Kirby Inland Marine, L.P.; In the 129th Judicial District Court, Harris County, Texas. The Honorable Michael Gomez presiding. Date: September 6, 2010 Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas represented Ludivina Ramos in all her capacities. Defendants Southwest Shipyard, L.P. and Kirby Inland Marine, L.P. were represented by Jack C. Brock and Robert A. Davee of Mills Shirley, L.L.P. of Galveston, Texas. FACTS & ALLEGATIONS. Juan Rivera, 18, was working in the early morning hours at Southwest’s shipyard on a Kirby barge. The Kirby barge was deployed on navigable waters. The Defendants failed to provide Juan with a personal flotation device for use while performing his duties. While working, Juan fell overboard from the vessel and sustained serious bodily injuries which ultimately caused his death. The lawsuit was brought because the defendants failed to provide adequate safety equipment for their employees including Juan, failed to provide safe ingress and egress from the vessel and violated OSHA, MMG, USGC and other applicable regulations. INJURIES. Juan sustained severe injuries to his body which caused his death. In the short time he lived after falling overboard with no PFD, he suffered severe pain, mental anguish and distress knowing he was sure to die by drowning. Juan’s death caused and continues to cause great distress to his mother. When Ludivina and her husband divorced, Juan came to America with her and enrolled in high school in Mission, Texas. He then moved with his mother and lived with her here in Pasadena, Texas. Ludivina is most distraught at the missed opportunity at life for her wonderful, caring son Juan Rivera. RESULT. The parties agreed to a confidential settlement at mediation. Plaintiff Experts: Experts were not necessary given the liability and damage facts. Defendant Experts: Defendants settled before they had to disclose experts.
  • Kilchrist, et. al. v. Inland American, et. al.

    Practice Area:
    Personal Injury
    Outcome:
    Settlement - Call for Details
    Description:
    Negligence – Improperly Maintained Apartment Balcony Safety Rail Failure Case: Cause No. 11-01-00049-CV; Charles Kilchrist, Michael Lanasa, Steven Gotter and Joe Lanasa vs. Inland American the Woodlands Parkside Limited Partnership d/b/a The Parkside Apartments, LLC and Tammy Betts; In the 284th Judicial District Court, Montgomery, Texas, the Honorable Judge Cara Wood presiding. Date: June 4, 2010 Kilchrist, Gotter and Lanasa were represented by Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas The Inland defendants, including the apartment complex and manager were represented by Jim Ebanks of Ebanks & Horne, Houston, Texas FACTS & ALLEGATIONS. Friends Charles Kilchrist, a training pilot for the United States Air Force, Mike Lanasa, Steven Gotter and Joe Lanasa were all standing near the safety railing for the balcony of a third story apartment. The railing gave way and Charles, Mike and Steven fell some thirty feet to the concrete below. The plaintiffs were using the balcony as it was intended by the apartments. The Inland companies failed to properly inspect and maintain the balcony. Despite obvious signs that water was leaking into the wood structure of the balcony through cracks in the concrete flooring, no inspection was made of the wood framing. Indeed, the inspection system of the company was woefully inadequate. Immediately after this catastrophe, apartment management was instructed by corporate management in Chicago to destroy the evidence by dumping all the rotten wood into a construction container. In addition to having pictures of the rotten and weak wood we were supplied with a piece of the wood removed from the dumpster by a brave eyewitness. We sued the Inland companies for its negligence and destruction of evidence. Premises liability is a notoriously difficult area of the law for injured Plaintiffs. Equally difficult Landlord-tenant law layered on top of premises liability made this a very nuanced and complex case. Despite having filed a motion for summary judgment the case settled at mediation. INJURIES. Charles Kilchrist suffered a fractured ankle and wrist that required two surgeries. Chuck was non-weight bearing for several months and then endured painful physical therapy. He was unable to fly his war planes and train other pilots for approximately six months. Steven Gotter suffered a non-operative injury to the rotator cuff and labrum in his right shoulder. He underwent several weeks of physical therapy. Michael Lanasa also suffered an injury to his shoulder and underwent physical therapy. Joe Lanasa suffered a severe contusion to his thigh and injury to his back. RESULT. The case settled at mediation. PLAINTIFF EXPERTS. Frank Woeste, PE, PhD, balcony maintenance and inspections, Virginia Tech. Paul Kastes, CPM apartment management procedures, St. Petersburg, FL.
  • Maglitto v. Dunlop

    Practice Area:
    Personal Injury
    Outcome:
    Confidential Settlement - Call for Details
    Description:
    Tire Tread Separation – Defective Tire Goodyear/Dunlop GrandTrek Tire Lacked Basic Design Elements Causing Catastrophic Tread Separation Settlement: Confidential Case: Bryan Maglitto, Wrongful Death Beneficiary of Tony Maglitto v. Goodyear Dunlop Tires North America, Ltd. And the Goodyear Tire and Rubber Company, Civil Action No. 4:07-cv-00828 Court: In the United States District Court for the Southern District of Texas, Houston Division Judge: Honorable Vanessa Gilmore Date: July 3, 2005 Plaintiff Attorneys: Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas Defense Attorneys: Andrew F. Spalding, Ileana M. Blanco, Nell F. Connally, Bracewell & Giuliani FACTS & ALLEGATIONS. Plaintiff Bryan Maglitto is the son of the late Tony Maglitto who was killed when the vehicle in which he was a back seat passenger suffered a catastrophic tread separation and rolled over. Tony’s brother was driving a Toyota Tundra pick-up truck outfitted with original equipment Dunlop TG35 P265/70R16 Grad Trek tires. While the brothers were driving west on Interstate 10 in Baytown, Harris County, Texas the left rear tire lost its tread causing the vehicle to become uncontrollable, leave the roadway and roll over. Tony Maglitto was ejected from the Tundra pick-up and died from the injuries he sustained upon hitting the ground. Bryan sued Goodyear/Dunlop alleging design defects existed in the tire that caused the tire to lose its tread. Specifically, the tire lacked a nylon wrap around the treads of the tire and did not have belt edge wedges. Several other Grand Trek tires were manufactured with these safer alternative designs that would have prevented the tread separation in this particular tire. Defendant Goodyear/Dunlop claimed the tire was not defective. INJURIES/DAMAGES. Death. Tony died from the injury to his brain and chest trauma. RESULT. The parties agreed to a confidential settlement amount. Plaintiff Experts: Micky G. Gilbert, P.E., accident investigation and reconstruction, Golden, CO. Dennis Carlson, P.E., tire analysis and design, Tucson, AZ Larry Namias, Ph.D., psychiatric evaluation
  • Motorcycle Wrongful Death

    Practice Area:
    Motorcycle Accident
    Date:
    Jan 01, 2012
    Outcome:
    Recovered Full Policy Limits of Insurance - Call for Details
    Description:
    Motorcycle Collision – Wrongful Death Case: Cause No. 2012-33867; Theresa Novreske, Individually and As Next Friend of David Scott Novreske, a minor vs. Maribel Gutierrez, Jesus Acosta, Roel Lopez, Jaime Lopez, Michael Lopez, Felicia Lopez and Progressive County Mutual Insurance Company; In the 127th Judicial District Court of Harris County, Texas. Honorable Ravi K. Sandill presiding. Date: September 14, 2011 Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas represented the Novreske family. Defendants Jesus Acosta and Maribel Gutierrez were represented by Curtis Fitzgerald, Gardner & Fitzgerald, Sugarland, Texas and Ronald Restrepo, Doyle, Restrepo, Harvin & Robbins, Houston, Texas. Defendants Roel Lopez, Jaime Lopez, Michael Lopez and Felicia Lopez were represented by officials of Farmers County Mutual Insurance Company and Curtis Fitzgerald, Gardner & Fitzgerald, Sugarland, Texas. FACTS & ALLEGATIONS. Around 8:00 on the morning of September 14, 2011 David Novreske, Sr. was on his way to work. Vehicles driven by Acosta and Lopez were racing northbound on US Highway 59 a highway in Houston that is busy around the clock, but especially at rush hour. Acosta lost control of his vehicle because of his high speed, reckless driving and spun out of the lane he was in and struck another innocent driver. This vehicle was knocked across the highway into the vehicle driven by Lopez, now far up the highway driving at a high and reckless speed, no doubt thinking he had won the race. When Lopez was hit he began to spin uncontrollably across lanes of traffic and right in front of David. Tragically, David had not time to react and was sent airborne for several yards upon impact before striking the concrete highway surface. David was pronounced dead at the scene. David, Sr. was survived by his minor son, David, Jr, his daughter Heather and his father Robert. INJURIES. David, Sr. suffered catastrophic injuries to his torso and head. He was unresponsive at the scene, could not be revived by EMS and was pronounced dead upon arrival at the emergency room. RESULT. After thorough investigation and outright denial by the insurance company for Lopez, the defendants offered the full policy limits of their respective insured. Additionally, a third available insurance policy was uncovered that added more funds to the total available settlement proceeds. An annuity was purchased for the minor, David Jr., with his insurance proceeds that will provide an income stream for years to come. The full policy limits of all available insurance policies were paid to the Denena & Points clients.
  • SUV Rollover, Seat belt failure, Death

    Practice Area:
    Car Accidents
    Outcome:
    Settlement - Call for Details
    Description:
    Product Liability – Wrongful Death. Seatbelt Failure, Inertial Release Case: Cause No. C-1335-03-E; Lilia Rivera, et al. vs. Ford Motor Company, et al.; In the 275th Judicial District Court, Hidalgo County, Texas. The Honorable Juan Partida presiding. Date: January 3, 2003 The Rivera family was represented by Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas Ford Motor Company was represented by Jaime Saenz, Colvin, Chaney, Saenz, Brownsville, Texas and Timothy O’Neill and Ashley Krause, Snell & Wilmer, Denver, Colorado. Seatbelt manufacturer TRW was represented by Jack E. Little, Jr. and David Tippetts of Weinstein, Tippetts and Little, Houston, Texas and Jaime Balli of Weslaco, Texas. FACTS & ALLEGATIONS. Juan Rivera was driving his 2001 Ford F150 when the vehicle left the roadway and rolled over. The seatbelt buckle released the latch plate during the rollover sequence because of the buckle’s inability to withstand inertial forces. Even the experts for Ford and TRW agreed Mr. Rivera was wearing the seatbelt when the rollover began because of the significant evidence on the seatbelt components such as the d-ring, webbing and latch plate. We sued Ford and TRW on behalf of the Rivera family alleging the seatbelt was defectively designed because it could release due to inertia forces alone during a rollover. Once the release happened, Mr. Rivera was unrestrained and ejected from the occupant space during the rollover. The Ford/TRW buckle lacked economically and technologically feasible design features such as a “lock for the latch” and a simple counter balance inside the buckle. Mr. Rivera was ejected through the passenger side window. This window was made of tempered instead of laminated glass which would have prevented the ejection. Despite having sworn testimony refuting their outlandish claim, Defendants Ford and TRW argued Mr. Rivera was actually a passenger and walked away from the crash and was living in hiding somewhere in Mexico. At the time of his death, Mr. Rivera was President and CEO of a highly successful drilling mud company based in Mission, Texas where he lived with his wife and five children. RESULT. The parties agreed to a settlement of 2.3 million dollars after vore dire. Plaintiff Experts: Micky G. Gilbert, PE, accident investigation/reconstruction, Golden, CO. Steve Syson, PE, restraint system design, Goleta, CA. Mark Krouse, MD, biomechanics, Ft. Worth, TX. Richard Clarke, PE, restraint system testing, Atlanta, GA. Stephen Batzer, PE, PhD, glass glazing, Little Rock, AR. Defendant Experts: Don Tandy, PE, accident investigation/reconstruction, The Woodlands, TX. Greg Miller, PE, restraint system design and testing, Detroit, MI.
  • Seat belt Rips, Death

    Practice Area:
    Car Accidents
    Outcome:
    Full Amount Demanded Paid - Call for Details
    Description:
    Automotive Product Liability – Wrongful Death. Chevrolet Cavalier Seatbelt Rips Apart in Crash Case: Patricia Seals, Wrongful Death Beneficiary of Karen Beth Seals v. Granger Chevrolet, Inc., Cause No. B090538-C Court: In the 163rd Judicial District Court, Orange County, Texas Judge: Honorable Judge Dennis Powell Date: June 13, 2008 Plaintiff Attorneys: Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas Defense Attorneys: Anthony A. Avey, Jeremy R. Sloan, Prichard, Hawkins, McFarland & Yount, LLP FACTS & ALLEGATIONS. Plaintiff Patricia Seals is the mother of the late Karen Beth Seals who was killed as a result of her seatbelt ripping in half leaving her unrestrained during a severe motor vehicle collision. Although the crash was severe, the other two occupants in the vehicle survived the accident with non-life threatening injuries. Patricia sued Grainger Chevrolet because at the time of the seatbelt failure General Motors Corporation was in bankruptcy. This complicated the case greatly but allowable pursuant to Texas Civil Practices and Remedies Code 82.003(7)A. We alleged GM failed to take into account (1) the directional forces and angles involved with a lap/shoulder belt restraint system under foreseeable accident conditions; (2) the sharp edges in the area of the latch plate that occur when the latch plate is under load and the plastic sheathing breaks off; and (3) the sharp edges in the area of the latch plate that occur due to repeated use over the passage of time, which increase the risk of the belt tearing or ripping. GM was aware of the dangerous propensity of the seatbelt prior to placing it in the vehicle and had access to technologically and economically feasible, safer alternative designs. Defendant GM claimed the accident was not survivable sitting in the passenger seat as Karen was. INJURIES/DAMAGES. Death. Karen’s cause of death was blunt force trauma of the chest with fractured ribs, transected T-3 vertebra and spinal cord and hemothorax. RESULT. The parties agreed to a confidential settlement amount. Plaintiff Experts: Micky G. Gilbert, P.E., accident investigation and reconstruction, Golden, CO. John Stilson, Ph.D., restraint system design, performance and defects, Cary, IL. Defendant Experts: Larry Carr, accident investigation and reconstruction, Houston, TX. Pam Oviatt, P.E., restraint system design, performance and defects