We Stand For Justice

Consultations Available

806.731.4614

En Español

806.429.4483

Real Results

Civil Jury Protects Small Business

On June 11, 2015, a Midland County jury found unanimously in favor of Aranda Pools, Inc. and against Midland oilman David Arrington. Arrington had sued Aranda for breach of contract and breach of warranty arising from Aranda's construction of a beautiful $592,000 backyard swimming pool. Arrington wanted to tear out and rebuild the pool.

Arrington sought damages of $900,000 plus attorney's fees making his total damage claim over $1.2 million. Aranda counter claimed for breach of contract to pay the full contract price. After an eight day trial, the jury

found in favor of Aranda and against Arrington. The jury awarded Aranda $77,000 in actual damages (the balance owed under the contract) and $300,000 in attorney's fees. The case was a bet-the-company case with Aranda's future dependent on a successful outcome.

On June 29, 2015, the court entered judgment for Aranda and awarded all damages and fees as found by the jury.

Aranda was represented by Joe L. Lovell, partnering attorney at Lovell, Lovell, Isern & Farabough.

  • Electrical Arc & Range Fire, Burn Injury and Death

    Confidential

    A volunteer fireman died after sustaining second and third degree burns over 45% of his body. The fire started from negligent design and maintenance of a high power line. The fireman left a wife and three daughters.

  • Firework Injury, Loss of Eye

    $2,250,000.00

    A manufacturer built a firework missile that failed consumer safety tests, but the manufacturer sold the missile anyway. The missile put out the eye of a minor child after it was lit by an adult from a very safe distance.

    $800,240.82 in fees and expenses; $1.44 million to clients.

  • Gas Pipeline Explosion, Burn Injuries

    $1,100,000.00

    Two irrigation workers were repairing a water line when a live gas line, that was supposed to be shut off, exploded in close proximity to the men. Both workers sustained burns over 30% of their body.

    $570,119 in fees and expenses; net to client $628,858.

  • Hydrogen Sulfide Gas Inhalation

    $2,400,000.00

    A farm hand suffered debilitating pulmonary injuries after inhaling hydrogen sulfide gas. The farm hand sued the oil and gas operator. The trial court entered a $2.4 million judgment based on the jury verdict. In an unpublished opinion, the court of appeals reversed and remanded for trial on a charge error. The case settled confidentially before retrial.

  • Industrial Accident, Traumatic Orthopedic Injuries and Degloving

    Confidential

    The worker got an arm caught in an unguarded conveyor system that had been put online. The worker had de-gloving injuries, compound fractures, and permanent disability from the incident.

  • Medical Malpractice & Product Liability Resulting in Paralysis

    $1.54 Million + Confidential Amount -

    Multiple attempts to repair aortic coarctation on minor child by elective surgery in non-pediatric facility with excessive cross-clamp times and air embolism from cell-saver device. This surgical disaster caused the child to be left paraplegic from the waist down. The child and her parents sued and ultimately settled with the anesthesiologist, anesthetist, manufacturer of cell-saver device, hospital, surgeon and cardiologist. The surgeon's insurance carrier was in receivership. The amount of the settlement with the cell-saver device manufacturer is confidential. The claim against the cardiologist was dismissed by the trial court, but our firm obtained a reversal which sent that case back for trial. Kimber v. Sideris 8 S.W.3d 672 (Tex. App. -- Amarillo 1999. no writ). That case was settled before trial. Medical expense subrogation negotiated down to $35,000. Attorney's fees were 36% of recovery net of expenses and subrogation. Total expenses of $149,000. Clients' ultimate recovery totaled $1,495,000 after subrogation, expenses and fees.

  • Refinery Explosion, Wrongful Death

    $42,500,000.00

    The surviving spouse of an employee who died of burns from an oil refinery explosion, Charlie Hall, sued his employer, Diamond Shamrock Refining Co. (a worker's compensation subscriber) for exemplary damages based on gross negligence. The evidence showed that Diamond Shamrock management ignored reports that a check valve was faulty. Yet, Diamond Shamrock knowingly flooded the vapor-only system with flammable liquids, which were known would, with "absolute certainty," cause "something bad ... to happen." When Charlie Hall and his co-workers re-started the compressor following Diamond Shamrocks procedures, the failure of that check valve, together with inadequate design, safeguards, compressor start-up procedures, and shut-off capability, resulted in a compressor rupture, explosion and fire. Charlie Hall and two of his co-workers were severely burned after heroically rushing to the ruptured compressor that was spraying flammable liquids to shut off the fuel in an effort to prevent a catastrophic explosion. Charlie Hall eventually died from his burns. Even after this catastrophic tragedy, the plant manager, upon receiving a report of another faulty check valve, told one of the survivors that "he had spent all the fucking money on them goddam valves that he was going to."

    The jury found that Diamond Shamrock was grossly negligent and returned a verdict for $42.5 million of exemplary damages. Based upon the interaction between worker's compensation law and a recently enacted "tort-reform" statute limiting exemplary damages, the trial court entered a judgment for only $200,000. The San Antonio Court of Appeals reversed the trial court's application of the new statute and remanded the case back for a new trial. In a blow to the constitutional right to trial by jury, the Texas Supreme Court incredibly disregarded the jury's verdict, ruling that the evidence provided no basis upon which a "reasonable factfinder could form a firm belief or conviction" that Diamond Shamrock was grossly negligent. Diamond Shamrock escaped responsibility for Charlie Hall's death.

    For more information including some of the actual evidence and testimony that the jury considered and the Supreme Court disregarded, see Hall's Response Brief, the opinion of the Texas Supreme Court, and Hall's Motion for Rehearing.

  • RICO Judgment

    $10,600,000.00

    Civil federal racketeering judgment after jury trial for $10,680,000.00 in RICO damages against defendants which included a New York Stock Exchange public company, and an additional $1,064,449.31 in court awarded attorneys' fees, with a settlement credit of $9,408,085.69. For additional details of the case, see the judgment, court's charge, and jury's verdict.

  • Settlement in RICO Case

    $5,000,000.00

    After start of civil RICO trial in Amarillo Federal District Court, the parties stipulated to a settlement for $5,000,000, to be trebled to $15,000,000 if not paid within 30 days from stipulation. $3,000,000 of settlement sum was recovered. Fees $1,000,000; Expenses were paid by the client.

  • Truck Collision, Brain Damage

    $1,100,000.00

    This was an intersectional collision on difficult liability facts. The client sustained a traumatic brain injury. The case settled during the second day of trial.

    $384,350 in fees and expenses; $715,650 to client.

  • Truck Collision, Wrongful Death

    $1,700,000.00

    A drunk truck driver killed a husband and father of three minor children. The lawyers at Lovell, Lovell, Newsom & Isern helped secure the family's financial future. The district attorney prosecuted the driver who pled guilty to criminally negligent homicide and was sentenced to prison.

    $566,817 in fees and expenses; $1.15 million to clients

  • Truck Collision, Wrongful Death

    $1,000,000.00

    This was a rear-end truck collision that caused the death of a retired cattleman leaving a widow and no children.

    $399,516 in attorney's fees and expenses; $608,000 to the client.

  • Truck Collision, Wrongful Death

    $1,800,000.00

    A truck driver changed lanes into our client and ran her into the opposite lane of traffic resulting in a head-on collision. The client died leaving a husband and three minor children

    $420,983 in fees and expenses; $1.399 million to clients.

  • Truck Collision, Wrongful Death

    Confidential

    A trainee driver with his supervisor asleep in the sleeper ran into the back of a grain truck killing a husband and father of two children.

  • Truck Wreck, Wrongful Death and Significant Personal Injury

    Confidential

    A multi-truck collision occurred after one truck pulled onto the highway at a slow rate of speed in the fog while a second truck driver talked on his cell phone. A catastrophic collision occurred resulting in one death and permanent debilitating injuries to the passenger car driver.

  • Wrongful Termination

    $10,800,000.00

    The former employee sued his employer for wrongful termination. The employee claimed he was fired for refusing to perform an illegal act. The jury returned a verdict for $800,000 in actual damages and $10 million in punitive damages. The trial court entered judgment as a matter of law for the employer. The employee appealed. The Fifth Circuit affirmed the trial court in a 2-1 decision. Klumpe v. IBP, 309 F. 3d 279 (5th Cir. 2002).