Little Rock, Arkansas
June 3, 2011 Jury Verdict $17 Million
Kimberly Patrick, Individually and as Guardian of the Estate and Person of Ariel Anderson, an incapacitated person v. Weaver-Bailey Contractors, Inc.
Jury awards woman $17 million in crash
A Lonoke Jury awarded $17 million to a 23 year old Cabot woman left severely brain damaged after a collision in a construction zone. The jury’s verdict found Weaver-Bailey Contractors liable for not exercising reasonable care for the safety of travelers. Anderson was on her way home from work when she was struck by a dump truck pulling out of the construction zone near Jacksonville, Arkansas. The dump truck was attempting to merge into traffic. The case showed that highway construction zones can be very dangerous and that contractors and construction zones should make reasonable efforts to secure the safety of the traveling public. Hopefully, we can take what we learned from this terrible incident and make something positive out of it to help other travelers in the future. Construction zones safer in the future is a change we can all live with.
$20M Jury Verdict - Metheny v. ProAssurance
Case No. CV 09-96
2010 Medical Malpractice Case
$7.15M Jury Verdict - Washington v. Ford
Case No. CV 2003-627-1
2010 Products Liability Case
$20M - Jury eLutz and Morris v. Club 616 and Amoco Oil Company
Case No. CV-98-304
$20 Million Default Judgment was awarded for illegal sale of alcohol to minors.
$8M - Jury Verdict - Morris v. UP
Case No. USDC 00-1133
Johnny Morris was going about his normal duties when dispatched to clean wreckage at the local railroad crossing. This particular day a UP train had hit a dump truck. Johnny got his head caught in the train when the driver decided to move the train without warning in the middle of clean up. Johnny’s skull was crushed, and he was permanently and severely injured. Mr. Duncan fought long and hard for Johnny and after a two week trial Johnny was awarded $8,000,000 by a jury.
$4.0M - Jury Verdict - Page v. Suitt Construction Co., Inc. et al.
Case No. USDC, Eastern District, Jonesboro Division, No. 84-295
Wayne Page was injured on the job, and instantly became a Paraplegic. A big insurance company wasn’t willing to do what was right by Wayne, and Phillip Duncan took Wayne’s case to a jury trial seeking justice on behalf of Wayne. A jury awarded Wayne $4,000,000.
$2.9M - Jury Verdict - Anderson v. Dallas Airmotive
USDC Case No. 98-5143
A medical helicopter conducting an air lift of a patient fell 90 feet after take off due to a product failure. The pilot was able to negotiate a successful crash landing with no fatalities, but there were serious injuries. A suit found the company that had performed a maintenance overhaul on the helicopter was at fault and a judgment was awarded in favor of the plaintiff, Mr. Anderson.
$2.35M - Jury Verdict - Dees v. Allied Fidelity Insurance Co.
Insurance denial issued in bad faith; Jury Verdict awarding $2,350,000 655 F. Supp. 10. $750,000 for compensatory award and $1.6 million in punitive award.
$1.09M - Jury Verdict - Sanders v. Arkansas Missouri Power Co.
Case No. 267 Ark. 1009
An employee of Arkansas Missouri Power Co., Bill Sanders, received severe burns over a large part of his body, which further resulted in the loss of one leg. Bill became wheelchair. While in the hospital, Bill’s employer promised to create a new job with the same salary he had been earning. After 18 months, the employer went back on his promise to Bill and stopped paying his promised salary. He then turned Bill over to worker’s comp. Bill came to Phillip Duncan for help because they were from the same hometown and he hoped he would take pity on his situation. Phillip studied this particular law to see how he could best help Bill. Phillip came up with a solution. He filed suit under a contract theory, and took Arkansas Missouri Power company to trial. The jury awarded Bill $1,099,043.77, every sent the law would allow for Phillip Duncan to argue on Bill’s behalf under the contract Bill was in with Arkansas Missouri Power Co.
$900K - Jury Verdict - Bryant v. Pine Bluff Sand & Gravel Company
Case No. USDC, Eastern District, Pine Bluff Division PB-C-83-165
This was an Admiralty case involving Jones act. It was an on the job injury in which a jury verdict awarded $900,000.
$3.73M - Shelton, et al. v. Little John Trucks, Inc.
Case No. LR-C-97-0523
An 18-wheeler was speeding through a construction zone, and the big truck ran into the rear of a stopped vehicle. That vehicle then collided into two other vehicles resulting in a multiple vehicle crash with multiple injuries, and multiple cases. Mr. Shelton was one of those injured victims and one of those cases. Duncan Firm was able to settle Mr. Shelton’s case in the amount of $3,732,321.13 without going to trial.
Multi Million Dollar Confidential Settlement - Barnett, et al. v. General Motors
Case No.’s 95-2215-TU, 95-2133-TU, and 96-2284-TU
At the time of this case, it was the largest per capita settlement for property damage in the history of GM. A class action suit was filed on behalf of over 600 clients in Arkansas, Mississippi, and Tennessee for consumer fraud where tornado-damaged vehicles were shipped to dealers as new and sold as new.
Confidential Settlement - Tappin v. Union Pacific, Harmon Industries, GE Transportation Systems Global Signaling
Case No.: 03CV233377
Wanda Tappin was on her way to work one morning, and found herself stopped at a railroad crossing. When the gates lifted for traffic to go through Ms. Tappin pulled forward onto the tracks when the gate suddenly fell on her car immediately followed by a train colliding with her vehicle. It was determined that the crossing and signal equipment had been improperly maintained, which led to the collision and Ms. Tappin’s unfortunate death.
Confidential Settlement - Brunst v. Alltel
Case No. 02-CV-132750
Some Arkansans fell victim to a misleading promotion of a cellular calling plan offered by Alltel with unlimited minutes in a certain calling area. The advertising was deemed deceptive leading to a class action law suit against Alltel in which Mr. Duncan represented those Arkansans who were misled. In the end, a settlement was reached.
Confidential Settlement - Grayson, Carter, et, al. v. DaimlerChrysler Corp., Cook County, Illinois
Confidential Settlement - Campbell, et. al, v. DaimlerChrysler Corp., Cook County, Illinois -- Case No. 2003 L 008415
Jerome Greene and the voices of triumph were on their way home from a weekend of performing in Chicago. They were a gospel singing group based out of Memphis, TN. They were traveling in a 15 passenger 2001 Dodge Ram Van. The van rolled and two passengers were killed, and one seriously injured. These vans are defective and unreasonably dangerous. A confidential settlement was reached with Chrysler on behalf of all the clients.
Confidential Settlement - Mull v. Graco Children's Products, Inc.
U.S. District for the Western District of Tennessee, W. Div., Case No. 2:06-cv-2157
A dangerous 5 point restraint system design in a Graco high chair led to the strangulation and death of an 18-month-old child. The design of the system was such that consumers could easily interchange critical parts that could cause the restraint to fail. Duncan Firm brought a case against the manufacturer and won a financial settlement on behalf of the family.
Confidential Settlement - Wade v. General Motors Corporation
U.S. District for the Eastern District of Arkansas, W. Div., Case No. 4-06-CV-0168 JLH
Juliana Wade was seriously injured when her 1997 Jimmy sport utility vehicle was involved in a single vehicle rollover. She was ejected from the vehicle, suffering blunt force trauma to the head and other permanent bodily injuries. Duncan Firm proved the vehicle had multiple safety shortcomings including defective restraint design, and poor driving stability issues making it prone to a rollover.
Confidential Settlement - Markland v. General Motors Corporation
U.S. District for the Eastern District of Tennessee, Case No.: 3:05-CV-64
While driving her 1999 Chevrolet Cavalier, Miss Markland was struck by another driver that had crossed the center line. Upon impact the airbags did not deploy properly and the passenger door flew open, causing the frame of the vehicle to bend upward, creating slack in the seat belt worn by Miss Markland. As a result, she suffered serious injuries. The Chevy Cavalier with its known roof crush issues makes for a dangerous environment. Studies show when the roof, doors, windows, seatbelts, and latches do what they should be designed to do, and keep passengers in the vehicle the injuries are not nearly as severe. Duncan Firm successfully argued that had the vehicle been crashworthy, and the driver side door had remained latched as it should have the injuries would have been less severe.
Confidential Settlement - Honeycutt v. CSX Transportation, Inc. U.S. District for the Eastern District of Kentucky, Ashland Div.
Case No. 6:06-CV-74-DCR
An oncoming train killed James Honeycutt as he was walking to the home of his daughter. Her house was built on CSX’s right-of-way and the only way to get to it was to actually cross the tracks. Duncan Firm brought a wrongful death suit against CSX for failing to take into account the close proximity of houses to its tracks and therefore not issuing a standing order for the trains to slow down.
Confidential Settlement - Williams v. Union Pacific Railroad Company and Dominic Sharkey Crittenden
Case No. County Circuit Court No. CV-2003-234
A wrongful death occurred in a vehicle railroad crossing collision with a Union Pacific train. A confidential settlement with Union Pacific was reached.
Confidential Settlement - Smith v. General Motors
U.S.D.C. Western District of Tennessee, Western Division Case No. 03-2651-MIP
Michael Smith was killed when his 1998 S-10 pickup truck left the roadway and rolled, ejecting Mr. Smith from the vehicle. As the family of Mr. Smith worked with Duncan Firm to contemplate filing a suit, GM sent representatives to inspect the damage to pickup truck. While doing so, evidence was destroyed that would have revealed known defects. As a result of GM’s blatant actions to hinder the plaintiff in pursuing a case, Duncan Firm won a settlement for the family.
Confidential Settlement - Sadler, et al v. CNN/Time Warner, Inc., et al.
Case No. C99-20902 - MDL Case No. 1257
In a news story by CNN, it was claimed that military officers sanctioned the use of the deadly nerve gas sarin. The report was false and considered slanderous and defamatory to Military officers who gave of their life in service to the U.S. Duncan Firm helped the military officers in this case hold the new organization accountable for inaccurate reporting and a settlement was obtained.
Confidential Settlement -Hickey, et al. v. Ford Motor Company
Case No. 300CV1879L, Northern District of Texas, Dallas Division
In this case, The 1995 Crown Victoria Police Cruiser made by Ford Motor Company purchased by the plaintiff was deemed safe and free from defect. It allegedly was equipped with industry-standard safety equipment when in fact it was defective in design, causing it to be inherently dangerous. Duncan Firm took on the case and won a settlement for the plaintiff.
Confidential Settlement - Beach, et al. v. DaimlerChrysler Corporation
U.S.D.C., Eastern District of Texas, Texarkana Division (Case No. 504 CV 97)
This was a wrongful death and products liability case. A defective Dodge Ram pick-up truck caught on fire causing severe damage. Phillip Duncan’s efforts resulted in a confidential settlement with DaimlerChrysler.
Confidential Settlement - Brady v. Honda and Union Pacific Railroad Company
While driving her 1997 Honda Accord, Mrs. Brady was crossing railroad tracks when the vehicle suddenly stalled on the tracks in the path of an oncoming train. She was unable to restart the vehicle and was struck by the train. Two weeks later, a safety notice arrived in Mrs. Brady from Honda, notifying her that an ignition switch defect on her Accord could cause the switch to fail without warning. Mrs. Brady died from her injuries. The family turned to Duncan Firm, which brought suit for the product failure against Honda, which led to confidential settlement.
Mediation Settlement - Burris v. Cogswell Motors and Stephan Schwartz
Auto injuries were sustained in this case. This particular case went to mediation. It was in mediation that the case resulted in settlement and a trial was not warranted.
Confidential Settlement - Pope v. Stallion Transportation, et al U.S.D.C., Tadeusz Mirek, et al
Case No.2:03CV00037 JMM
This was a big truck collision with an automobile. The injuries were catastrophic. A serious brain injury was another permanent devastating result due to the collision. Brain injuries are hard to understand. Phillip Duncan has spent years studying and understanding this series injury. One way Phillip is able to help his brain injured clients is through public awareness. A settlement was reached in this case with Stallion Transportation.
Confidential Settlement - Mathis v. Union Pacific Railroad Co., et al
Case No. CV-03-50-2
Tekisha Mathis was attempting to cross a Union Pacific railroad track when without warning her vehicle was struck by a Union Pacific freight train. Ms. Mathis was killed instantly. Duncan Firm determined that adequate warning of the oncoming train was not given and helped win a settlement for the family.
Confidential Settlement - Wood v. Burns
Case No. U.S.D.C., Eastern District, Western Division No. LR-C-98-673.
This was a personal injury case. This case was settled before going to trial. The client suffered as an amputee from the injuries sustained.
Confidential Settlement - Walker v. General Motors
Case No. U.S.D.C., Eastern Dist., Western Div.LR-C-96-223
In this case a mother and two children were burned to death when the gas tank in their GM Astro van exploded on impact with another vehicle. Duncan Firm was able to prove the gas tank was defective and won a settlement for surviving family members.
Confidential Settlement - Tappin v. ASPD
Class action certified USDC, Eastern District of Arkansas, No. LR-C-91-627
For years, black state troopers in the Arkansas State Police Department faced various types of racial discrimination. Duncan Firm helped the troopers prove that the discrimination was indeed taking place, which led to numerous policy changes in the state police department.
Confidential Settlement - Baranowski v. General Motors
Case No. LR-C-96-922
Sara Baranowski, a former U.S. Air Force pilot, was thrown from her 1989 Oldsmobile Cutlass Supreme when her passenger-side door opened in a collision on a wet road. She was left paralyzed from the waist down. Duncan Firm helped prove that the safety restraint system in the vehicle was defective, which led to Mrs. Baranowski becoming paralyzed. Duncan Firm took the case and won a judgment.
Confidential Settlement - Clower v. Nissan
Case No. USDC, Northern District of Mississippi 94CV-172-S-D
A defective product was the main issue in this case. The seat belt felt to do it’s job of restraining resulting in our client becoming a paraplegic. A settlement was a result of Phillip Duncan’s hard work in proving the defective product.
Confidential Settlement - Clay v. Southern Pacific Railway Co.
Case No. USDC, Western District, El Dorado Division, 94-118
This case involved series injuries resulting from a car/train collision. A Confidential settlement was able to reach before trial.
Confidential Settlement - Baker, et al. v. GM a/k/a Johnson, et al. v. General Motors
Case No. USDC, Eastern District, Western Division, 89-238
This was a consumer fraud case. This case named 55 plaintiffs. The case resulted in a confidential settlement.
Confidential Settlement - Cobb v. General Motors
Katy Cobb was on way her home to Little Rock from Baylor University to get fitted for her wedding dress. But everything changed that day for Katy, her fiancé, family, and friends when her GM Blazer rolled over, and her seatbelt failed to restrain. GM had not made provisions for the “fifth-percentile” female driver resulting in Katy loosing her life. This belt was defective and this was a defective product case. After reviewing thousands of documents and working the case to go to trial Phillip was able to reach a confidential settlement with General Motors.
Confidential Settlement - Bolding v. Ford Motor Company
The Bolding family was traveling in their 1998 Ford Explorer when father Scott Bolding lost control and then over corrected, leading to the vehicle rolling over. Mother Stacy Bolding was killed and sons Seth and Samuel suffered serious injuries. Duncan Firm represented the Bolding family, proving numerous safety defects in the vehicle, leading to a financial settlement in favor of the Boldings.
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