Client Victories

Below you can read about some of the recent successes that our clients have had on behalf of their clients. Looking to partner on a case? Looking to hire an excellent lawyer? Here is a great place to begin your search…

Sean Claggett, Nevada Trial Lawyer of the Year

 

Sean Claggett, Nevada Trial Lawyer of the YearCongratulations to our great friend and client Sean K. Claggett on his recent selection as Nevada Trial Lawyer of the Year by the Nevada Association for Justice.

 

Mr. Claggett is the founding member of the Claggett & Sykes Law Firm in Las Vegas.  He started the firm in 2005 with a single client and one employee.  Today, the firm has 18 employees, including six attorneys that handle hundreds of cases.

 

In 2016 the firm was nationally recognized for the jury verdict in Hendrickson v. Lowe’s, in which his client—a mother of three who suffered permanent injuries—was awarded over $13MM from Lowe’s Companies.  Courtroom View Network identified this verdict as the 4th most influential U.S. verdict of the year.  We also featured the case on the Advocate Capital, Inc. blog.

 

While Sean Claggett is a fierce litigator and advocate for his clients, his contribution to the practice of law does not stop there.  Not only is Mr. Claggett UNLV alumni, but he teaches Law Practice Management at the Boyd School of Law as an adjunct professor.  He received the school’s most prestigious alumni award in 2010 as the UNLV William S. Boyd School of Law Alumni of the Year.

 

However, his dedication does not end teaching at the law school.  Mr. Claggett also serves on the faculty of the prestigious Keenan Ball Trial College where he instructs other trial attorneys across the country.  Sean has also been recognized by Legal Aid of Southern Nevada for his pro bono work.   Mr. Claggett is currently pursuing a class action lawsuit on behalf of veterans with the goal of forcing the Department of Justice to provide mental health benefits for military personnel.

 

Perhaps the contribution Sean Claggett is most proud of is the community service involvement in Las Vegas.  The Claggett family is often found donating time, energy and money to several local causes including Three Square Food Bank, the Boys & Girls Clubs of Southern Nevada, and the Shannon West Homeless Youth Shelter.  The Claggett & Sykes Law Firm was also named a finalist for Best Family Owned Business for Philanthropy by Nevada Business Magazine.

 

Our hats are off here at Advocate Capital, Inc., and thank you Sean Claggett for your unwavering dedication to justice and selfless service to your community.

 

Share

Attorney Robert Solomon Awarded in New Jersey’s Top 50 Verdicts

 

Authored By: Iris Garrett

 

Robert SolomonAdvocate Capital, Inc. would like to congratulate our friend and client, Attorney Robert Solomon. Not only did his New Jersey law firm, Robert A. Solomon, P.C. score a $450,000 verdict in the medical malpractice case, McGovern v. Lowrey, but it was recently named one of the state’s Top 50 Verdicts of 2016.

 

Attorney Solomon’s award-winning case dates back to an incident in September 2012. He says it was during that time that his client underwent a colostomy reversal. However, her relatively minor procedure resulted in a very serious problem when her surgeon failed to remove a portion of the pain ball catheter he had inserted during the operation. Three months after being discharged from the hospital, Solomon’s client was forced to remove the forgotten catheter when it suddenly exploded through her skin. This caused her to develop multiple infections along the incision line and endure countless hernia operations to correct the issue.

 

Before jury selection could begin, Solomon says the defendant offered to settle the case for $50,000 despite his and his client’s demand of $300,000. Solomon says they even conducted a focus group (which cost another $11,000) to determine if that figure was sufficient, and the group valued the case one step further at $400,000. That’s when Solomon says he knew it was time to take the case to court.

 

Attorney Solomon says by the end of the trial, he had spent an additional $15,000 on exhibits and expert surgical witnesses, on top of the cost of the focus group. However, that investment would earn him and his client a reward of nearly 10 times more. The jury returned a verdict of $450,000, and the judge added another $50,000 to cover medical expenses, making for a total of a half million dollars. Solomon says he could not have done it without the help of Advocate Capital, Inc.’s Case Expense Financing.

 

We are proud to partner and support plaintiff trial lawyers like Attorney Robert Solomon, and we acknowledge the work his firm is doing in the fight for justice. Solomon has extensive knowledge in personal injury and wrongful death cases and has represented injured people and their families in New York and New Jersey for nearly 40 years.

 

Share

Booth|Koskoff Secures $2.7MM Settlement for Injured Worker

 

Advocate Capital Inc booth koskoff

Congratulations to the team at Booth│Koskoff for their recent $2.7 Million settlement on behalf of a client, injured in a traumatic brain injury case. In 2013, the client and a co-worker were installing bracket scaffolding at a residential construction site in Orange County. Bracket scaffolding is installed on the side of the home and attaches to the framing of the building; not built from the ground up like traditional scaffolding.

 

The particular bracket scaffolding used (the “Whalen-Jack”) was determined to have several design and manufacturing issues. It was designed by a contractor with no engineering credentials and supported by two (2) simple welds. There was nothing to provide reinforcement support in the event the welds failed. The manufacturing of the Whalen-Jack scaffolding was outsourced to a facility in China, and the quality of the welding was found to be severely lacking. Although the original design of the scaffolding was modified to provide some protection in the event of critical weld failure, the original poorly -designed scaffolding was never recalled. In fact, the unsafe units were still being sold.

 

The company that marketed and sold the Whalen-Jack had no applicable insurance. Booth│Koskoff sued the distributor of the product, White Cap, as well as the manufacturer. The distributor is accountable under strict liability principles, even if they did not take part in the design or manufacture of the defective product. Further, because White Cap, a large and well-known construction supply company, did not perform due diligence on the product before they agreed to sell it, Booth│Koskoff also pursued a negligence theory against them.

 

Due to the defective product, the Plaintiff fell twenty (20) feet, striking his head. His jaw and foot were fractured. It was unclear whether he lost consciousness. A CT scan was normal. Follow up neuro-psychological testing was mostly normal. He was discharged from the hospital after only six (6) days and transferred to a rehab facility for six (6) more days.

 

Upon his return home, his wife could see that his behavior had changed. He was acting strange, having extreme fits of anger and exhibiting destructive behavior. He no longer wanted to leave the house or socialize. In time, the worker’s comp case manager intervened and arranged for Plaintiff to enter an outpatient brain injury rehabilitation program, where he received a diagnosis of mild traumatic brain injury.

 

The most difficult part of the lawsuit was demonstrating the magnitude of effects the brain injury had on him and his family. His behavior was often out of control and had fundamentally changed. The effects on the family were devastating.

 

Defense counsel took an aggressive approach to the case, taking over fifty (50) depositions, not including experts. They brought up an old criminal conviction of the Plaintiff. Counsel even speculated that he was using drugs, despite no evidence to support the allegation. The defense team attempted to blame Plaintiff and tarnish his reputation, even with clear evidence of the defective construction.

 

Thankfully for the Plaintiff and his family, Roger Booth and his team refused to back down. Their steadfast dedication to justice has given the Plaintiff and his family financial stability while allowing him to keep most of his workers’ compensation benefits and receive payment for his medical care.

 

Everyone here at Advocate Capital, Inc. is proud to support the tireless work done by trial lawyers like Booth│Koskoff every day to ensure our access to the courtroom.

Share

Albert G. Stoll Jr. Achieves Justice

 

Albert G. StollAdvocate Capital friend and client, Albert G. Stoll, Jr.  represented a single mom and her three children in a gross negligence case against an owner of a 40-unit apartment complex. The owner of the complex had a long history of code violations and had previously been sued both civilly and criminally for substandard housing conditions. Despite previous lawsuits, warnings from city inspectors, multiple tenant complaints, and a previous felony conviction, the owner continued to ignore long established health and safety codes resulting in severe and permanent injuries to a mother and her two young children.

 

One early summer morning, the mother left two of the three children sleeping in the apartment while she took the oldest child to school. Shortly after the mother and oldest child left, one of the younger children awoke feeling dizzy. Feeling confused he made his way to the family room and sat on the couch. As he sat down, he experienced a burning pain on his backside. He then noticed then the kitchen was on fire and the apartment filled with smoke. He began yelling for his family that he was burning. By this time, his sister had awoken to the smell of burning plastic and smoke. Hearing her brother’s screams, she yelled out to her brother. The young boy was able to feel his way through the smoke-filled apartment, back to his bedroom where he met his sister. Covered in soot and realizing they were trapped in the apartment, the sister convinced her brother they needed to jump from the two-story bedroom window to escape the fire.   At the same time, the children were jumping to safety; the mom arrived back home finding her apartment on fire. She frantically raced into the burning apartment to search for her children. She made it to the young daughter’s bedroom only to realize her children had jumped to safety. She was able to escape the apartment but suffered smoke inhalation.

 

As a result of the fire, the two young children suffered severe internal and external burns and were placed in medically induced comas. The young boy suffered second, and third degree burns to his head, neck, face, arms, hands, torso, legs, buttocks, feet and internal respiratory burns. The young daughter suffered burns to her arms, scalp, and injury to her eyes.  The firefighters and medical personnel who treated the children stated they did not expect the young boy to survive due to the extent of his injuries.  The young boy has undergone twenty plus surgeries and will need future surgeries as he continues to grow.

 

The emotional, mental and physical pain and suffering of the young family could have been prevented if the owner had installed adequate smoke and carbon monoxide detectors. During the city’s investigation into the fire, multiple tenants complained of hazards in and around the property. The investigation would reveal an open gas leak in the common yard, no carbon monoxide detectors in any of the units, and 37 of the 40 units lacked smoke detectors in the bedrooms. The building did not have a system-wide alarm, and the majority of the units had malfunctioning stoves.

 

Despite the gross negligence on behalf of the apartment complex owner, the insurance company pushed for a trial, attempting to place blame on the tenants. Albert G. Stoll and his team took over 50 depositions; and hired eight different experts including the former State Fire Marshall. On the eve of trial, the insurance company settled for a seven-figure settlement.

 

A tragedy that did not have to happen if the owner would have taken the proper preventative measures. Advocate Capital, Inc. is proud to support trial lawyers like Albert G. Stoll Jr. as he pursues justice on behalf of his clients. Albert G. Stoll, Jr’s firm handles a variety of personal injury and employment law cases in the San Francisco Bay area. To learn more about Albert G. Stoll, Jr.’s firm and the outstanding results they have achieved, click here.

 

Share

Attorneys’ Mark Taylor and Anjulie Ponce Get Justice for Wrongful Amputation

 

Authored By: Krista Kemmerly

 

Advocate Capital, Inc. extends  congratulations to our friends and clients, Mark Taylor and Anjulie Ponce. The Texas-based lawyers of Powers Taylor LLP have just recently helped Dallas local, Tanya Valentine, obtain a jury verdict of $989,000 after the wrongful amputation of her leg.

 

This all began when defendant, Dr. John Stasikowski, mistook a staph infection for osteomyelitis 14 months after Valentine underwent ankle correction surgery. This presumption led to the wrongful amputation of Valentine’s leg. The defense tried to move forward by insisting Valentine’s prior ankle pain was so severe that it would have led them to recommend amputation.

 

Due to the hard work and dedication of Taylor and Ponce, they were able to disprove this theory, entitling Valentine the $989,000 verdict after the traumatic experience she endured.

 

If you would like to read the full article, click here.

 

Advocate Capital, Inc. is proud to support plaintiff attorneys like Mark Taylor and Anjulie Ponce who consistently fight for justice. With over 20 years of experience with plaintiff litigation and a founding member of Powers Taylor, LLP, Attorney Taylor excels in his practice focused on personal injury, commercial litigation, and medical malpractice cases. Attorney Ponce has been with Powers Taylor since 2014 focusing on personal injury and medical malpractice cases.

 

Share

Attorney Dean Gresham Gets Justice for Homeowners

 

Authored By: Iris Garrett

 

Dean GreshamAdvocate Capital, Inc. wants to congratulate our friend and client, Attorney Dean Gresham. The Texas-based lawyer, one of the many who fight for justice at Steckler Gresham Cochran, has just recently helped one Dallas couple win a nearly $250,000 award, a much larger sum than what they had been anticipating after their home was severely damaged during a highway construction project.

 

According to The Dallas Morning News, the LBJ Express project began in 2011 and lasted until 2015. The newspaper says many homeowners living in northwest Dallas and Farmers Branch, Texas were affected by its construction and complained for years that the work caused their homes to be torn apart.

 

Attorney Gresham’s clients, Aurora and Felipe Rodríguez were the first to take their complaints to court, but the newspaper says their case is just one of 223 filed against the project’s head company, Trinity Infrastructure. Despite the hundreds of complaints it received from residents about cracked walls, falling ceilings, and uprooted neighborhoods, the contractors denied responsibility and insisted all was well.

 

Earlier this month a Dallas jury decided otherwise, and after a week long trial, served a winning $248,723 verdict for Attorney Gresham and the Rodríguezes. He told the newspaper if victories like this continue, Trinity Infrastructure could pay more than $65 million in damages. Plus, he says the majority of the other plaintiffs live closer to the LBJ Express site than the Rodríguezes do and were exposed to a lot more damage, a factor that may encourage the company to settle.

 

However, so far that hasn’t been the case; the newspaper says a representative for Trinity Infrastructure announced it plans to appeal, claiming the project followed specifications set out by the Texas Department of Transportation.

 

Only time will tell if the company’s defense will hold up in court. The newspaper says the next case isn’t scheduled until June, and it will be another fight for Attorney Gresham and his second client, Valencia Powell whose mother lost her home of 50 years due to the LBJ Express project.

 

If you would like to read the full article, click here.

 

Advocate Capital, Inc. is proud to support plaintiff attorneys like Dean Gresham who consistently fight for justice and win. Attorney Gresham has a tremendous amount of experience in products liability, class action and whistleblower suits, as well as other business torts, and he has represented victims in these types of cases for more than 15 years.

 

Share

Texan Attorney Stands Up to State Farm Insurance

Authored By: Rachel Markin

 

Texan Attorney Stands Up to State Farm Insurance

While away on a mission trip, a Texan woman received a frightening phone call. She was told a storm had blown a massive tree into the middle of her house. According to an article on The Flowers Law Firm, P.C. website, the woman’s friends and family rescued as many personal possessions as possible. Unfortunately, the tree was 5 feet in diameter and destroyed both the foundation of her home and many family heirlooms.

 

After the woman returned from her mission trip and saw the damage, she immediately called State Farm Insurance to report her claim. An engineer and adjuster both visited her property, but said they could not finish their evaluations due to tree debris. Four months later, the pair still had not returned to the woman’s home. The insurance company’s hired engineer and adjuster had written a report that called for the foundation of the home to be piecemealed back together. The Flowers Law Firm, P.C. says very few contractors would agree to rebuild a house on that type of fabricated foundation, and if they did, the contractors would not provide warranties for their work.

 

The Texan woman contacted The Flowers Law Firm, P.C and asked Donivan W. Flowers for his help to fight State Farm Insurance.  The firm filed a lawsuit against State Farm for their bad faith insurance practices, breach of the duty of good faith and fair dealing, and delays in payment. State Farm Insurance hired a lawyer and only then did State Farm make an attempt to resolve the claim.

 

The Flowers Law Firm, P.C ensured its client received the money she was owed to rebuild her home, pay for damage to her personal property and for additional living expenses. On top of that, the client was able to recover statutory damages for State Farm’s late payments and attorney’s fees.

 

Advocate Capital, Inc. congratulates our client and friend, Donivan W. Flowers of The Flowers Law Firm, P.C. for their success. We are proud to partner and support personal injury attorneys like him. Flowers says he truly enjoys what he does and finds it rewarding to help people during their time of need. He is the recipient of the AV Preeminent Rating by Martindale-Hubbell, has been selected to Texas Super Lawyers since 2013 and was recognized as the Top 40 Under 40  by the National Trial Lawyers Association.  Visit Donivan W. Flowers firm, The Flowers Law Firm, P.C for more information.

Share

Big Victory for Attorney Dean Boyd

 

Authored By: Iris Garrett

 

Advocate Capital Inc Cow sign

Advocate Capital, Inc. would like to congratulate our client and friend, Attorney Dean Boyd. The Texas-based personal injury lawyer recently won a nearly $9 million dollar verdict for his client Bobby Tunnell.

 

The victory comes after Tunnell barely survived a fiery crash in Amarillo, Texas back in 2011. According to the city’s ABC 7 news station, he had been riding in the passenger seat of a truck when it hit a cow standing in the road and flipped eight times.

 

In an interview with ABC 7 Amarillo, Boyd said “The truck was on fire and but for the fact that his son was able to pull him from the wreckage along with another passerby, Bobby would have burned to death.”

 

Tunnell suffered severe head injuries as well as the inability to use his right arm.

 

Now, more than five and half years later, Tunnell has been awarded a sum of $8.9 million dollars to go toward past and future medical bills, loss of wages, and pain and suffering; while the owner of the cow has been found negligent. Boyd told ABC 7 Amarillo that this wasn’t the first wreck one of his cows had caused: “He knew his cows were getting out and he didn’t take care of it.”

 

You can read more about the case by clicking here.

 

Advocate Capital is proud to partner and support plaintiff trial lawyers like Dean Boyd. He and his firm fight for justice and do everything in their power to protect our seventh amendment rights. Boyd has extensive knowledge in personal injury, workplace injury and wrongful death cases and represented injured people and their families in the Texas Panhandle for more than 25 years.

 

Photo Credit: Pathompong Nathomtong
Share

Attorney Ted Wacker Wins a $12M Settlement

 

Authored By: Iris Garrett

 

Ted Wacker ImageAdvocate Capital, Inc. would like to congratulate our client and friend, Attorney Ted Wacker. He and his team at TBW Law recently won a more than $12 million settlement for an accident victim in southern California without even going to trial.

 

The victim was 24-year-old Rene Hernandez. Attorney Wacker says upon leaving his parent’s house in Los Angeles back in February 2014, the father of two lost control of his vehicle and hit a median. Wacker says after the impact, Hernandez’s vehicle flipped over into another lane of traffic and was struck by a semi-truck. And to make matters worse, all of this happened around 2:00 a.m. in the morning.

 

Attorney Wacker says his client suffered severe head trauma and permanent cognitive and physical damage due to the accident. He says the defense claimed those injuries were 100% Hernandez’s fault because of the fact that it was difficult to see him or his vehicle in the road at that time of night with his lights turned off. The defense also argued that Hernandez’s initial accident caused him to become disabled, and a crash afterwards was unavoidable. Wacker disagreed, and after numerous mediation attempts, he says the case settled before trial for $12.65 million dollars.

 

To learn more about the Hernandez vs. Cruz case, please click here.

 

Advocate Capital is proud to partner and support plaintiff trial lawyers like Ted Wacker. He and his firm fight for justice and do everything in their power to protect the rights of individuals. Wacker has tried numerous personal injury, accident, and premise liability cases over the last 20 years and has never lost a single case. In addition to his duties at TBW Law, he served as the past president of the Orange County Trial Lawyers Association in California.

 

Share

A Cowboy’s Last Fight

 

Advocate Capital, Inc. client Scott HoyAdvocate Capital, Inc. congratulates our friend and client, Scott Hoy, and family of Ron Jensen, on their $2 million jury verdict!

 

Ron Jensen was a true cowboy. At 71 years young, his future was bright and he had big plans. Ron grew up riding horses and was passionate about sharing his love of horses with others. He spent the last years of his life converting the stables on his property into a cowboy church for rodeo workers. His dream for the future was to provide equestrian therapy for people with special needs. Ron was working on his “Dream Riders” project when he was tragically injured. Ron was watching a store clerk load lumber into his truck when a gust of wind blew the lumber into Ron, causing him to lose his balance and fall, striking his head on the truck’s tailgate. Ron suffered a cervical fracture resulting in quadriplegia, and he had to use a ventilator to breathe. Sadly, Ron passed away six months after the accident.

 

Scott Hoy of Hoy Trial Lawyers along with Co-counsel Mike Strain of Strain Morman Law Firm represented Ron in a personal injury claim against the store. Sadly, the store denied liability and claimed the wind and Ron’s past spinal injury, caused Ron to lose his balance. Mr. Hoy and Mr. Strain presented Ron’s case to the jury highlighting Ron’s accomplishments – despite his limitations from his previous spinal injury- and his plans for the future. The jury found in favor of Ron’s wife, Bonnie, and awarded her close to $2 million! The award was comprised of $1.02 million for medical expenses, $425,000 for pain and anguish, and $425,000 for catastrophic care and the change in relationship with her spouse.

 

Mr. Hoy said of the verdict, “You always kind of hold your breath. We felt like the jurors were in agreement with what we presented, but what happens in the jury room is something for them to decide. In the end, the strength of the story made a difference.”

 

For more about Ron’s life and his Dream Riders project, click here.

 

Advocate Capital Inc. is proud to support Plaintiff Trial Lawyers, like Scott Hoy, as they fight for justice for those injured through the negligence of others. Scott Hoy has over 30 years’ experience trying cases in state and federal courts. He is a member of various bar associations and is a graduate of the Trial Lawyers College.

 

Michelle D. Rigsby

Executive Client Manager

Share

Case Expense Financing at a Net Cost of Less Than 1%*

clove panel