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…

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.

 

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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.

 

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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.

 

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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.

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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
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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.

 

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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

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Booth & Koskoff Obtain $4M Settlement in Molestation Case

 

Advocate Capital Inc. clients Booth Koskoff

Congratulations to the team of Richard B. Koskoff, Amy S. Niven and Carly L. Edson of the Law Offices Booth|Koskoff for their recent $4 million settlement in a sexual molestation case in the California foster care program.

 

The Plaintiffs were two (2) young boys, ages 9 and 10. Due to abuse and neglect in their homes, the Plaintiffs were placed in foster care (agency confidential). Approximately one year after placement in a foster home, the County of San Bernardino and the foster family agency placed an older minor, Rickie F., in the home with the Plaintiffs.

 

Rickie F. had a history of molesting younger male children. Defendants did not warn the foster parent of Rickie F.’s predatory tendencies toward younger children. The foster agency neglected their duties to protect the Plaintiff children when placing a known sexual offender in the foster home and failing to warn the foster parent of his past behavior. Rickie F. began repeatedly and continuously sexually abusing and molesting Plaintiffs in the foster home for a period of six (6) months.

 

The Defendants’ contested the lawsuit and their defenses were callous and outrageous. Initially, although they claimed to have no knowledge of Rickie F.’s previous history. They also claimed that Rickie F. had been rehabilitated based on the amount of time between offenses. Then Defendants alleged that any damages on behalf of the two (2) young victims were a direct result of their economically disadvantaged upbringing and neglectful backgrounds. The Defendants further argued that the young victims were willful participants in the activity and suffered no injuries or damages. Booth|Koskoff refused to concede to the Defendants’ ridiculous excuses and continued their long and arduous fight for these innocent victims.

 

Experts obtained by Booth|Koskoff showed that these young victims were not protected in the foster home they were placed in by Defendants. In fact, the situation was quite the contrary.

 

The settlement concluded in mediation just two (2) days before the scheduled trial. The efforts of Booth|Koskoff saved the two (2) young victims from reliving the horrific events and embarrassment of testifying about the sensitive matter in Court.

 

What is perhaps most impressive about this victory is that the case took over five (5) years to reach conclusion. Thanks to the efforts of Booth|Koskoff to obtain for justice for the young victims, they can receive the assistance needed in the future to overcome the atrocities suffered from the Defendants’ failure to protect them.

 

Advocate Capital, Inc. is proud to support the important work done by trial lawyers across the country to make the world a safer place for all.

 

Donna A. Jones

Senior Vice President

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Biren Law Group Demands Justice in Complex Spine Injury Case

 

birenThe Plaintiff worked as a gasoline tank driver and had years of driving experience, but it was while driving his Ford F150 to take his young daughter to school that he sustained severe spinal injuries. As he was exiting from the gated community where he lived, he came to a stop to let children pass who were walking to school. While waiting for the children to clear, the community gate closed on the plaintiffs’ vehicle. It had rained the night before and the gate was wet. While attempting to pull the wet gate off of his truck, the plaintiff’s hands slipped on wet bars causing him to twist and the gate to close on his back resulting in a lumbar back injury. The defense claimed the plaintiff had a preexisting degenerative spine, even though he had never before experienced low back symptoms. After failing conservative care, a spine specialist performed a three level laminectomy.

 

The case first went to mediation and the defense could have settled initially for $450,000, but instead made an unreasonably low offer. Attorneys Matthew B.F. Biren and Andrew G.O. Biren of The Biren Law Group then developed a mountain of evidence demonstrating the culpability of the defendant — multiple failures by the gate’s maintenance company which caused the gate to malfunction; a properly maintained gate would never close on a vehicle while exiting and even if it did, it should have automatically opened on contact with the vehicle rather than staying clamped on it.

 

Over the course of the next year, the Plaintiff’s lumbar symptoms returned, only worse – he was beginning to develop neurological deficits. After again failing conservative care, the Plaintiff was left with no alternative other than fusing the three damaged levels. Before surgery could be performed, as a result of back problems and neurological deficits, his leg began giving away and he ultimately suffered a fall, injuring his neck, which would require a one level cervical fusion.

 

All surgeries were completed before the case was to proceed to trial. After the court made rulings on evidentiary motions that were very favorable to the Plaintiff, the defendant’s primary insurer, who had never offered even the $450,000 that would have settled the case early on, finally agreed to pay its policy. At that point negotiations began with the excess carrier and the case was settled for multiples of the original settlement demand; twice the amount any mediator had ever put on the case.

 

The Biren Law Group was determined to hold the defendant accountable, building their case and refusing to give up until justice was achieved on behalf of their client. Without the Firm’s expertise and determination, the Plaintiff would have been at the mercy of the defendant who denied accountability and liability.

 

Advocate Capital, Inc. is proud to support the great work of trial lawyers across the U.S. in the fight to ensure justice for consumers. Please join us in congratulating The Biren Law Group and their client!

 

Lisa Wagner

Senior Vice President, Client Services

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The Carlson Law Firm Achieves Justice for Family Following Life-Altering Baby Brain Injury in Day Care Negligence Case

 

Advocate Capital Inc client The Carlson Law Firm Julie PeschelCongratulations to Julie Peschel, Partner at The Carlson Law Firm, who was able to achieve justice for the parents of a three- month-old little boy who ultimately lost the battle of his life following a life-altering brain injury sustained at a local day care. The unspeakable tragedy began for this family on August 30, 2013 after their three-month-old son was fed a bottle, placed in a crib and then left unattended.

 

By the time the day care worker returned to check on the three-month-old little boy, he had aspirated and stopped breathing. Rescue attempts were too late and tragically, the little boy was left with permanent brain injury as a result of the amount of time that had elapsed without oxygen to his brain. The tragedy continued for this family as the three-month-old suffered numerous surgeries, and was unable to breathe or eat on his own. Sadly, he passed away in 2015 due to complications and illness.

 

Advocate Capital, Inc. clients Carlson Law FirmNothing can restore this family’s hopes and dreams for the infant they lost way too soon as a result of the senseless negligence of a day care. However, with the help of Attorney Julie Peschel and The Carlson Law Firm, the family will be able to raise awareness about infant brain injury and affect systemic change in the hopes that no other family will have to suffer the same tragic loss.

 

Advocate Capital, Inc. is honored to support the important work of trial lawyers in the effort to affect change and make the world a safer place for us all by demanding accountability and changing behavior.

 

Lisa Wagner

Senior Vice President, Client Services

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