Attorney David Mitchell Paris's Legal Cases

Trucking accident

Estate of Jane Doe vs. Trucking Co

Jun 02, 2003

OUTCOME: $2.5 Million Settlement

Our 65 year old grandmother was driving her 3 grandchildren to a school athletic event. The defendant dump truck driver failed to stop at a red light and broadsided her car. The grandmother and 2 grand ... children were killed instantly. The third grandchild sustained a forehead laceration. The owner of the trucking company hired the driver and allowed him to drive without a medical certificate; failed to conduct random drug testing and conduct a background check. At the time of the accident, the truck was overloaded and the driver tested positive for cocaine. Interestingly, 3 years later we encounterd the owner of this trucking company when he again hired a driver without any investigation into his dubious background. This time, his driver backed over and killed a flagger on a construction site. That case was settled for a confidential amount.

Personal injury

John Doe vs. ABC Construction Co.

Jun 03, 2002

OUTCOME: $4.1 Million Settlement

Our client was a 42 year old mason working at a construction site. His foreman erected scaffolding which permitted access onto an unguarded elevated walkway also under construction. The elevated walkwa ... y's surface consisted of deck pans which were uneven. The foreman recognized the need for an extension ladder to provide access from the ground to the work station but failed to ensure its delivery. To access the work platform, plaintiff climbed the crossbraces of the scaffold and alighted onto the unguarded elevated walkway where he lost his footing and fell 25 feet to the ground. As a result of the fall, our client sustained a spinal cord injury and is paralyzed from the chest down. Defendant claimed that injury to plaintiff did not rise to the level of an employer intentional tort.

Medical malpractice

Jane Doe vs. ABC Hospital Laboratory

Mar 04, 2002

OUTCOME: $2.7 Million Settlement

Our client's 7/95 Pap was screened as ASCUS and AGCUS but downgraded to ASCUS only by the pathologist. The repeat Pap in 12/95 was incorrectly interpreted as mild dysplasia when, in fact, it also showe ... d adenocarcinoma in situ. The vaginal biopsy in 2/96 was incorrectly interpreted as vaginal adenosis when, in fact, it demonstrated adenocarcinoma in situ. The ultimate diagnosis of invasive adenocarcinoma was delayed until 12/97. Defendant's pathological expert opined that the slides were not misread. Further, defendant's GYN-oncologist opined that plaintiff had a 90% chance of survival cancer-free. Our GYN oncologist opined that her prognosis was poor and that earlier diagnosis and treatment would have obviated the need for her hysterectomy and pelvic exenteration (surgical removal of her bladder, rectum and vagina).

Medical malpractice

Jane Doe vs. ABC Hospital

Jun 01, 2001

OUTCOME: $4 Million Settlement

Our client delivered her first child and developed a postpartum uterine infection within 12 hours of delivery. Her signs and symptoms (fever, elevated WBC and confusion) went unrecognizd and untreated ... for another 14 hours after which point she went into shock and succumbed. This was a fulminant Group A strep toxic shock like syndrome. The defense argued that by the time a reasonable physician could be expected to recognize the condition, it was too late to save her. After 3 days of trial a settlement was reached. Our client was survived by her daughter, husband, parents and sister.

Brain injury

Jane Doe vs. ABC Insurance Co.

Jan 01, 2001

OUTCOME: $6.3 Milllion Settlement

Our client was in a severe collision. The other driver only had $12,500 limits. Litigation ensued against four other insurance policies issued to the employers' of our client and our client's husband a ... s well as their umbrella carrier for underinsurance coverage. We successfully claimed that the language in all the employers policies which defined who was an "insured" was sufficiently vague and ambiguous to include our clients. She sustained a head injury which resulted in brain damage. Her speech was affected as well as her left arm and left leg. She cannot return to her occupation as a registered nurse. Her husband quit his job to help take care of their two children. The case was resolved shortly before trial.

Defective and dangerous products

Jane Doe, Adm. vs. Foundry et al

Feb 01, 1999

OUTCOME: $3.2 Million Settlement

Our client was invited to defendant's foundry to evaluate nitrogen usage in the casting process. He was taken onto the pouring deck by defendant's foreman. When the assembly line shut down due to a mal ... function, the foreman left our client and went to fix the problem. When the line started up, our client was standing in the arc of a robotic pouring ladle. The arc of the robot was diesigned without barrier guards or light curtains. Our client was trapped by the robot which poured approximately 20 lbs of molten aluminum on him. He survived for 6 weeks before succumbing to his injuries. He was survived by his wife.

David Mitchell Paris's Legal Cases (16)