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.
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.
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.
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.
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.
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.
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.