Right after the accident I felt like I was at the bottom of the world. I lost my uncle, I almost died, and he went above and beyond to be there for me. I was in the hospital for 29 days, 8 of which I was unconscious. When I finally came to and I could barely move, I called him in the morning and before the sun went down he was there answering my questions and telling me that everything was going to be ok. 
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C. Argueta
Automobile Accident Case
Death of Michael Owens Prompts Dallas Wrongful Death Law Firm Grossman Law Offices to File Suit Against Daystar Residential, Inc.
In reaction to the death of resident Michael Owens, the Dallas wrongful death lawyers at Grossman Law Offices have filed a wrongful death lawsuit against a group of defendants, including: Daystar Residential, Inc., C&E Investing, Inc., Behavior Training Research, Inc., Shiloh Treatment Center, Inc., and HHH Community Service, Inc.
According to the lawsuit filed in the 23rd Judicial District Court of Brazoria Count, Texas, Mr. Owens and the other residents of the care facility were owed a “duty to exercise ordinary and reasonable care to provide for the safety and protection of the residents” by the defendants.
The lawsuit stipulates that on or about November 5, 2010 the Defendants were charged with the care of Michael Owens at one of their Daystar facilities when he died due to the Defendants’ “actions or inaction that were negligent or grossly negligent.” Furthermore, those negligent actions and/or inaction were the “direct and proximate result of the acts and omissions of Defendants.” The aforementioned “actions and inaction” in this instance include: “failing to properly train employees and provide adequate number(s) of employees… failing to call EMS services… failing to prevent the physical assault of Michael Owens… failing to implement safety procedures to prevent the death of residents during restraints,” among others.
In explaining why his firm brought this lawsuit, Dallas wrongful death attorney Keith Purdue explains: “As we explain in detail in the lawsuit, we believe Mr. Owens’ death “Is such that it would not ordinarily occur” without the combined negligence of the Defendants. We want to seek action not just for this particular victim but for all of those who could be hurt in the future by the Defendants’ ongoing negligent actions if they are not stopped.”
Michael Grossman, Dallas fatal accident lawyer and founder of Grossman Law Offices, adds to Mr. Purdue’s thoughts. “In order to have a viable wrongful death claim, you must have a cause of action based upon the defendant’s inability to provide a legal duty owed to the victim – in this case, the duty of reasonable care. Mr. Owens’ autopsy revealed that the victim died of ‘complications of mechanical asphyxia.’ Since the restraints the Defendant placed Mr. Owens in led to his death, our lawsuit alleges that was unreasonable care, making the Defendants’ liable for his death,” Mr. Grossman said. “Just as Keith mentioned, filing such a wrongful death lawsuit isn’t important just because it allows the victims’ family to obtain compensation. It’s far important to hold the Defendants accountable, so they will change their negligent behavior. We don’t file the lawsuit just for our clients, but for all those who could be hurt or killed in the future by Daystar's negligence if it is permitted to continue.”
About Grossman Law Offices
At Grossman Law Offices, our team of Dallas wrongful death lawyers has been helping injured and grieving Texans overcome the injuries they’ve suffered and the loved ones they’ve lost due to the negligence of others for more than 20 years. While based in Dallas, we’ve established offices throughout the state and are ready to help anyone who has been wrongfully injured or had a loved one killed due to someone else’s negligence. Call us now for a free consultation to learn more about our firm and how we can help you. We’re available any time of the day, any day of the week at 1-855-326-0000 (toll free).
(policy limits) A father of two was killed on the job when he fell from a personnel platform atop an elevated piece of machinery. The defendant was initially afforded protection from a liability suit by virtue of their workers' comp policy. Upon thorough investigation, it became evident that gross negligence was at the root of the accident, and suit was filed accordingly. A successful outcome was obtained through litigation.
$550,000.00
$220,000.00
$40,000.00
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.
Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.
Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.
We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.
The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.
Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.
Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
$2,000,000.00
$775,000.00
$25,000.00
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
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(policy limits) Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated a state, and struck the decedent who died on the scene.
The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers' demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant' insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm's history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.
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(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
$100,000.00
$33,133.00
$400.00
(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
$300,000.00
$132,000.00
$0.00
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.
The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.
Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
$250,000.00
$78,000.00
$370.00
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.
Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.
Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
$250,000.00
$82,500.00
$10,000.00
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
$97,500.00
$48,750.00
$0.00
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
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