Toyota Recalls
The Spence Law Firm, LLC represents individuals and families who have been injured or lost a loved one in crashes involving defective passenger vehicles. As the alarming, and rather damning, news reports are broadcast, it has become clear that Toyota waited to recall millions of cars, trucks and defective parts.
Accidents caused by Toyota’s parts and/or engineering, lack of communication with consumers, and slow reaction time have let many drivers remain on the road in accident prone vehicles---risking the safety of themselves, friends, family members and other travelers. For many, information concerning the dangers associated with some Toyota cars and trucks came too late. If you, or a family member, were injured in an accident involving a recalled Toyota vehicle, resulting in personal injury or wrongful death, please call for a free, confidential case evaluation. 1-800-967-2117
Types of Recalls:
“Floor Mat Entrapment” - driver’s floor mat interference.
“Pedal” - potential for the accelerator pedal stick in the wide-open position.
“Brake” - brake issues associated with the Prius.
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Toyota Vehicles Year/Model Recalled: |
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| 2005-2010 Avalon | 2009-2010 RAV4 |
| 2007-2010 Camry | 2008-2010 Sequoia |
| 2009-2010 Corolla | 2005-2010 Tacoma |
| 2008-2010 Highlander | 2007-2010 Tundra |
| 2009-2010 Matrix | 2009-2010 VENZA |
| 2004-2009 and 2010 Prius |
Press Release: Gerry Spence’s Wyoming Law Firm Settles Multi-Million Dollar Civil Rights Lawsuit
The Spence Law Firm, LLC settled a civil rights lawsuit on behalf of a Nebraska man, Terry J. Harrington, that alleged his constitutional rights were violated for the nearly 26 years he spent in prison for a crime he did not commit.
Pottawattamie County, Iowa and former prosecutors, Joseph Hrvol and David Richter, settled Harrington’s case and Curtis W. McGhee, Jr.’s similar case, for a combined $12 million while the cases were awaiting a decision from the United States Supreme Court.
Harrington’s attorneys, noted trial lawyers Gerry L. Spence, J. Douglas McCalla, Mel C. Orchard, III, Larissa A. McCalla all from Jackson, Wyoming and Thomas P. Frerichs from Waterloo, Iowa lauded the settlement.
Doug McCalla stated: “Cases like Terry’s make it very clear that we need the powerful remedies provided by this country’s civil rights statutes.” McCalla further stated: “Terry Harrington deserves this after his unwavering patience and perseverance as to his innocence.”
Paul D. Clement of King & Spalding, LLP briefed, then argued on November 4, 2009, the case before the United States Supreme Court, case number 08-1065, which prompted renewed settlement negotiations between the parties.
The settlement marks the beginning of the end of a very long journey for Terry J. Harrington. The civil rights case against Pottawattamie County, Iowa and the prosecutors reached the United States Supreme Court this fall after surviving well over four years’ worth of summary judgment and appellate proceedings.
The civil rights case against the police officers and the City of Council Bluffs, Iowa remains, but has not yet been set for trial in the District Court for the Southern District of Iowa before Chief Judge Robert W. Pratt – Docket No. 4:05-cv-00178-RP-TJS. The district court explained the facts of this pending suit in detail in its 2007 opinion on record at 475 F.Supp.2d 862 (2007). Harrington’s counsel, The Spence Law Firm, LLC, anticipates going to trial in 2010 against the city and police on the remaining claims.
At Harrington’s trial, where he was tried as an adult, the all-white jury returned a guilty verdict against Harrington who was then sentenced to life in prison at hard labor with no possibility of parole. Harrington’s post-conviction review process lasted decades and proceeded through many courts before the Iowa Supreme Court vacated his conviction, which allowed his ultimate release from prison. Harrington v. State, 659 N.W.2d 509, 518 (Iowa 2003)).
Harrington suffered imprisonment for almost 26 years: from November 16, 1977 until April 17, 2003, spending from age 17 until age 43 in prison. The 18-year-old Terry Harrington testified at his own sentencing hearing after the 1978 trial:
I just want you to know that no matter what happens, I know I’m innocent, and as long as, you know, I feel that inside, then I’m going to keep on fighting because I know I can’t see myself locked up for the rest of my life for something I didn’t do . . . . I feel I was judged by the color of my skin and not the content of my character, and I’ll always feel that way until I get, you know, the kind of verdict the testimony shows, and that’s innocent or not guilty as they would say in the courtroom.
He had no idea just how many years that fight would last and in how many courtrooms it would proceed, but he steadfastly maintained his innocence and unrelentingly fought to challenge his conviction and denial of liberty:
- After his conviction as a teenager for first-degree murder, he directly appealed the conviction, but the Iowa Supreme Court affirmed it on October 17, 1979.
- He filed an application for post-conviction relief that the Iowa District Court ultimately denied on July 13, 1988
- The Iowa Court of Appeals affirmed the denial on January 25, 1990.
- He petitioned for a writ of habeas corpus, which the United States District Court for the District of Iowa denied on November 25, 1991.
- The Eighth Circuit Court of Appeals affirmed the denial on January 8, 1993 in Harrington v. Nix, 983 F.2d 872 (8th Cir. 1993).
- He filed a pro se Application for Post Conviction Relief on July 24, 1997, and filed an Amended and Substituted Post Conviction Petition on March 3, 2000, which the Iowa District Court denied on March 5, 2001.
- He appealed this denial, and the Iowa Supreme Court finally reversed his conviction and remanded his case for new trial based on Brady v. Maryland, 373 U.S. 83 (1963) due process violations as a result of newly-discovered but previously withheld evidence relating to an alternate suspect, in Harrington v. State, 659 N.W.2d 509 (Iowa 2003), which ordered his conviction vacated and remanded the case to the Iowa District Court for new trial.
- The State of Iowa timely filed a Petition for Rehearing, which by court rule caused the Iowa Supreme Court not to issue its Writ of Mittimus.
- The Governor of Iowa, the Honorable Thomas Vilsack, on April 17, 2003, granted Harrington a reprieve and Terry was released from prison until such time as the Iowa Supreme Court ruled on the petition for rehearing.
- The Iowa Supreme Court, on April 18, 2003, ruled on the petition for rehearing and thereafter issued its Writ of Mittimus to the Iowa District Court to vacate Harrington’s conviction and to grant him a new trial.
- Because the Governor’s Reprieve expired on the Iowa Supreme Court’s issuance of its Writ of Mittimus, on April 30, 2003, Harrington voluntarily surrendered himself to the Pottawattamie County Sheriff.
- The Iowa District Court for Pottawattamie County on April 30, 2003 ordered Harrington’s 1978 conviction and Sentencing Order vacated and released him from custody on bond and supervision.
- On October 24, 2003, without prejudice to its later re-filing the charge, the State of Iowa dismissed the murder charge against Harrington.
On March 25, 2005, Harrington filed his civil rights case under 42 U.S.C. sections 1983 and 1985 against both the police and prosecutors. The district court granted summary judgment for the county prosecutor defendants on some claims because they were absolutely immune for actions taken in their prosecutorial functions, but the district court denied summary judgment on other claims against the prosecutor defendants because they had merely qualified immunity for actions taken in their investigatory functions; and for this, the prosecutors and county who employed them appealed before trial. The current county attorney, Matthew D. Wilber also did not seek an interlocutory appeal on immunity issues relating to Harrington’s separate cause of action against him (Harrington v. Wilber, 353 F.Supp.2d 1033 (S.D. Iowa 2005) (denying prosecutor summary judgment)), but later renewed his summary judgment motion, which Harrington appealed, but then dismissed due to this settlement.
The Eighth Circuit Court of Appeals decision in McGhee v. Pottawattamie County, Iowa, 547 F.3d 922 (2008), based on Supreme Court precedent laid down in Buckley v. Fitzsimmons, 509 U.S. 259 (1993) and Imbler v. Pachtman, 424 U.S. 409 (1976), reiterated that plaintiffs could bring suit against prosecutors under the civil rights statutes for violations that arise from investigatory acts and omissions and not from prosecutorial functions. The opinion noted that courts fundamentally agree that “[i]mmunity is absolute only when the prosecutor performs distinctively prosecutorial functions.” 547 F.3d at 933 (citation omitted). The Eighth Circuit held: We find immunity does not extend to the actions of a County Attorney who violates a person’s substantive due process rights by obtaining, manufacturing, coercing and fabricating evidence before filing formal charges, because this is not “a distinctly prosecutorial function.” The district court was correct in denying qualified immunity to Hrvol and Richter for their acts before the filing of formal charges. 547 F.3d 922, 933 (8th Cir. 2008). Thus, the Court acknowledged that, in certain instances, the prosecutors acted outside their prosecutorial functions as alleged in Harrington’s complaint. The prosecutors and the County that employed them appealed the Eighth Circuit’s decision to the United States Supreme Court.
The settlement disposed of the county’s and prosecutors’ interlocutory appeal of the partial summary judgment denial of absolute immunity on violations of Harrington’s First, Fourth, Fifth, Sixth, and Fourteenth Amendment rights actionable under 42 U.S.C. sections 1983 and 1985 (2006) and the threat of trial. Harrington carefully described clearly established constitutional rights. He pleaded: freedom of association under the First Amendment; his right to due process, a fair trial and equal protection guaranteed to him by the Fourth, Fifth, Sixth, and Fourteenth Amendments in addition to his rights against unreasonable seizures of his body guaranteed to him by the Fourth Amendment as well as a distinct conspiracy claim. “‘The touchstone of due process is protection of the individual against arbitrary action of government.”’ County of Sacramento v. Lewis, 523 U.S. 833, 845 (1998) (quoting Wolff v. McDonnell, 418 U.S. 539, 558 (1974)).
Bus and Common Carrier Accidents
The Spence Law Firm, LLC represents individuals and families who have been injured or lost a loved one in crashes involving tractor-trailers, passenger buses, and other commercial vehicles. Commercial vehicles make up a significant percentage of the vehicles on our roads, and an even greater percentage of those vehicles involved in serious accidents. The Federal Motor Carrier Safety Administration estimates there were over eleven million commercial truck and bus drivers on our roads in the United States in 2004. Statistics indicated that large trucks are involved in 7% of all crashes, 11% of all fatal crashes, and hundreds of people per year die in bus accidents nationwide. Commercial drivers have special responsibilities, and tractor-trailer drivers and bus drivers must know and follow specialized laws and regulations. For example, federal law limits the number of hours a commercial driver can be on duty without a sufficient rest break. In severe weather conditions, a commercial driver must exercise extreme caution or stop driving entirely.
The Spence Law Firm has settled numerous Wyoming highway collision cases. In September, we settled a case that we brought against a passenger bus company, a subsidiary of Coach USA, Inc., where a bus driver rolled his bus because he was traveling at highway speeds in icy conditions. Several people were injured. The matter was settled for a confidential amount.
Tractor-trailer and bus drivers who do not carefully protect the public should be held accountable for the harm they cause. It is important for a lawyer delving into a tractor-trailer, bus or other commercial vehicle crash case to have a working knowledge of the specialize commercial vehicle laws, familiarity with the mechanics of tractor-trailers, busses and other large vehicles, and experience working with competent and persuasive expert witnesses in the field. If you would like to speak with us about a vehicular crash, please call us at 1-800-967-2117.
Record Settlement in North Dakota Oil Rig Wrongful Death
With just one day remaining before trial The Spence Law Firm successfully settled a wrongful death case against Pioneer Drilling and Denali Oil and Gas for the wrongful death of 20 year old, Zachary Anderson. The settlement was especially satisfying as it required Pioneer Drilling to change its safety policies, in addition to providing compensation for Zach Anderson's parents because of the loss of their youngest son. In January 2006 Zach was killed while working as a stabber on a Pioneer Drilling rig, operating on a Denali Oil and Gas lease. Including the settlement of other defendants, the case settled for more than one million dollars with the Pioneer Defendants and insurance companies contributing one million themselves to settle all claims. The defendants had asserted that because Zach was only 20 years old and because he was unmarried and without any children or other dependants, the damages for his parents' loss was not worth even half of the amount of the eventual settlement. We disagreed despite the knowledge that no case in North Dakota for a wrongful death of a person, who did not have dependants, had settled for even half that amount. Moreover, although the Anderson family could not show an economic loss, they agreed to reject lesser settlement offers and consistently insisted that Pioneer adopt better safety policies. North Dakota workers are better off because of the Anderson family and because of the efforts of this firm.
Cyclone Boiler Tank Explosion
A $5.35 million dollar settlement was achieved by The Spence Law Firm in behalf of the widow and surviving teenage daughters of a Zanesville, Ohio man who sustained grave injuries and burns over 92% of his body. A lawsuit was filed against Columbus Southern Power Company and American Electric Power. The claims arose from a cyclone-fired boiler slag tank explosion. The explosion occurred on July 11, 2004, at the Columbus Southern Power Company (AEP) plant in Conesville, Coshocton County, Ohio. While inspecting the Conesville Unit 2A Babcock and Wilcox cyclone coal fired boiler, because of “frozen” slag, the tank ruptured releasing super-heated steam into the area where Mr. Smather's and his supervisor were working. Mr. Smathers’ job included inspecting slag tanks to make sure the slag (ash produced by the coal burning process) was eliminated. Although Ohio law precluded claims for negligence because of Workers Compensation, the family brought claims against Columbus Southern Power for reckless and willful and wanton misconduct. Plaintiff learned that a similar explosion had occurred just a few years earlier at a sister plant. As a result, defendants retrofitted their slag tanks with pressure diaphragms. The defendants decided not to retrofit the very same tanks at the Conesville plant. The family alleged that such an act was a conscious disregard for the rights and safety of their employees, and created a great probability of causing substantial harm.
12- and 15-Passenger Van Accidents
The Spence Law Firm is active in prosecuting car companies who manufactured and continue to manufacture 12 and 15 passenger vans. Vans included are certain models of the Ford Econoline or E-Series, such as the Ford E350 and Club Wagon E350, the Dodge Ram Wagon B350 and Ram Van/Wagon B3500, the Chevrolet Express 3500 and the GMC Savana and Rally/Vandura G3500. Ford builds and sells the most 15-passenger vans in the United States. The auto makers produce and market these unreasonably dangerous vehicles to schools, universities, clubs and church groups. The vans have an extraordinarily high rate of rollovers that have catastrophic consequences for the unsuspecting passengers on board. Over 81% of all fatalities in 12 and 15 passenger van cases happen during single vehicle rollovers.
15 passenger vans have a very high center of gravity, which is often made worse by the manner in which the vans are loaded with people, luggage and equipment. The van’s design creates stability problems which become worse in emergency situations. The van roof is poorly engineered and lacks adequate crashworthiness and rollover protection. Van occupants are often thrown around the van or ejected during a crash, sustaining serious injuries or death. The Spence Law Firm works directly with prominent experts in the field of van design and crashworthiness to help those who are maimed and injured seek justice.
Natural Gas Pipeline Explosion
On August 19, 2000, an interstate natural gas pipline exploded in southern New Mexico. The explosion killed twelve family members that were spending the weekend by the Pecos River camping and fishing. Together with the Blenden Law Firm of Carlsbad, New Mexico, we represented the families of five of the people killed by the explosion. Investigation concluded that the failure point of the pipeline was severely corroded internally, had never been inspected, tested or cleaned for five decades. Just prior to trial a confidential settlement was reached, noteably the largest personal injury settlement in the history of New Mexico and one of the largest ever achieved nationally.
Pipeline Pigging Fatality
We represented the widow of a family man from Green River, Wyoming. Our client was killed in an oil field related accident during a pipeline pig retrieval operation. There were no signs warning of the dangers of the pigging operation and our client was new on the job. The "pig" is a large, heavy, bullet shaped, plastic device used for cleaning the pipeline using the energy and force of the natural gas contained within the line. The pig was released from the pipeline under extraordinary pressure hitting our client in the face and chest, killing him instantly. Defendants Questar and Wexpro settled the case on the sixth day of the multiweek trial and agreed to place warning signs on all of their pigging locations.
Mass & Toxic Tort
The Spence Law Firm continues to represent individuals and their families in complex Mass and Toxic Tort actions across the country. We have been successful advocates for individuals in matters involving Fen-Phen, asbestos, breast implants, Sulzer hip implants, GMC, Uravan Mining and Milling and soon Vioxx.
Product Liability
We co-counseled the heartbreaking matter involving the death of a California child from inhaling baby oil. This case involved the death of a 15-month-old twin from inhaling baby oil and changed the law regarding child resistant caps on hydrocarbon products. Because baby oil was considered a “cosmetic”, it did not fall under the Federal Hazardous Substances Act. It fell under the Food and Drug Administration, which had no regulations concerning packaging and was under the jurisdiction of the Poison Prevention Act, which was controlled by the Consumer Product Safety Commission. The CPSC changed the law and now requires child resistant caps on baby oil. Issues in the case arose as to federal preemption of state tort law, but our contention was it was not preempted because there were no federal regulations in effect at the time. The case resulted in a confidential settlement much higher than in most child death cases. The family continues to educate the public regarding the dangers of baby oil and other child safety risks.
On August 2, 2000, the two youngest Dixey children suddenly drowned while swimming at the rear of their Stardust Cruiser houseboat. The young, vibrant brothers were poisoned by generator exhaust fumes -- carbon monoxide: an insidious, odorless, colorless, lethal gas -- trapped below the swim platform. Stardust's design created a dangerous product for which several other carbon monoxide poisonings were linked. The tragedy prompted a surge of heightened public awareness regarding carbon monoxide dangers. The National Park Service, National Institute for Occupational Safety and Health (NIOSH), the Coast Guard, the media and various health care professionals became actively involved in investigating the dangers associated with generator exhaust systems on houseboats. In May 2001 the Dixeys testified before a congressional oversight committee investigating the carbon monoxide issue -- the audience of 200 was brought to tears. The case was settled with the requirement for Stardust Cruisers to redesign and warn of the hazards of carbon monoxide. The Dixeys continue to raise the awarness of the dangers of carbon monoxide poisoning and share with others Dillion and Logan's love of baseball. Double Angel Foundation
We represented a motorcyclist who was seriously injured in a collision with a pick-up truck. Although it initially appeared that the pick-up driver lost control of her vehicle, crossed the center line and struck our client, we were able to prove that the pick-up's left rear tire sustained a tread separation causing the loss of control. We were also able to prove that the tire manufacture knew that a substantial percentage of its tires were separating and it failed to notify its customers that their tires were defective. A substantial settlement against the tire manufacturer was obtained.
Trucking Accidents
The Spence Law Firm is active in litigating all phases of interstate trucking accidents. Large trucks collisions are likely to be more catastrophic due to the truck's speed, mass and the weight and nature of it's commercial load. Trucking companies are rightly required to hire professional drivers and keep detailed records regarding driver training, safety and hours of service. In consultation with accident reconstructionists and former Department of Transportation inspectors, we have successfully championed the cause of many clients by holding the trucking companies responsible for their actions. The Spence Law Firm has numerous multimillion dollar verdicts and settlements on behalf of clients involved in collisions with trucking companies.
On June 16, 2003, a semi tractor-trailer was traveling from Idaho over Teton Pass into Jackson Hole, Wyoming, hauling a load of potatoes for John Christner Trucking, Inc., an Oklahoma trucking business. Our client was traveling westbound on Teton Pass in her Honda Civic. The truck driver knowingly traveled over Teton Pass 18,000 pounds overweight. During the steep descent (10% grade) the truck brakes burned out. The driver then lost control and the overloaded semi gained more and more speed. The tractor-trailer crossed over the center line on a curve, ran the tractor-trailer wheels over the driver’s side of the car and Rebecca’s body and head, flipping the tractor-trailer on its side and trapping Rebecca, crushed inside. Rebecca suffered serious orthopedic injuries, mental trauma, lost income, medical expenses, pain and suffering, loss of enjoyment of life, disfigurement, disability and emotional distress. A confidential settlement was reached.
We represented the relatives of six family members who were killed in a tragic motor vehicle accident in Wyoming. The family was parked in the emergency lane on Interstate 80 when a truck driver lost control of her tractor trailer and slammed into their van. The trucker claimed that she lost control of her vehicle when she hit black ice and that our clients' van was partially on the roadway. We proved that the van was completely off the road and that due to inadequate training and experience the trucker failed to recognize the hazardous conditions which existed on Interstate 80 for miles prior to the accident. We also proved that the truck driver violated federal motor carrier safety regulations and lied in her deposition. We were able to obtain a substantial settlement from the trucking company.
Auto Accident
The Spence Law Firm represents people involved in auto accidents which result in serious injury. We consult with the most qualified experts around the country to reconstruct the accident and to evaluate the physical evidence. The Spence Law Firm has also made extensive use of diagrams and animations to illustrate to the jury the accident in the most effective way possible. Over the years we have represented numerous individuals and their families in accidents in the proximity of construction sites, accidents involving improper speed and accidents caused by inattentive driving.
Medical Malpractice
We were honored to represent the Cady's. Retired school teacher, Marguerite Cady, was severely brain injured due to an anesthesiologist who was not paying attention and who had the safety alarms off on the anesthesiology machines. The surgical team also failed to recognize that Marguerite was in critical condition until she "coded" during surgery and suffered irreversible brain damage. The tragic case settled for a confidential amount. As a justice bonus, Integris Baptist replaced all their old anesthesia machines with ones that have built in alarms that cannot be turned down or off. The Cady's live in Central Wyoming and are leaders in pursuing victim's rights for full recovery. Citizens United for Rights and Education (CURE) WYOMING.
We represented a Douglas, Wyoming family following the traumatic birth of their son. The infant, whose birth weight was almost 11 pounds, suffered shoulder dystocia during birth. His delivery was assisted by vacuum extraction resulting with an unresolving brachial plexus injury. This type of injury is due to the traumatic stretching of the plexus -- a bundle of five nerves present in the cervical vertebrae. Our client suffers with Erb's Palsy which is paralysis of the upper brachial plexus. His little left shoulder and arm are limp, he has no muscle control in his arm, hand or wrist and he lacks sensation in his arm. Since birth he has undergone daily physical therapy and since the age of four months old he has endured multiple surgeries to lessen the damage of evulsed nerves. The case settled on the eve of trial.
We represented the family of a young man who had heart valve replacement surgery performed at a major medical center. The cardiovascular surgeon failed to reconnect the right coronary artery at the conclusion of the surgery causing irreversible heart damage which ultimately led to our client's death. We were able to prove that the surgeon falsified his operative report. Due to the doctor's negligence, and his attempt to cover-up the mistake, we were able to achieve a significant settlement with the hospital.
We represented a young man who had outpatient endoscopic sinus surgery performed by a board certified ENT. During the procedure, the ENT ruptured our client's cribriform plate. After the procedure, our client was discharged from the hospital without being informed of the rupture and that he was at serious risk of developing meningitis. Later that evening he developed a cerebral spinal fluid leak and was re-admitted to the hospital under the care of a neurosurgeon. Over the course of the weekend, the neurosurgeon and the nursing staff failed to adequately monitor and treat our client's deteriorating condition. Sadly, he had to have a shunt placed in his skull and he sustained permanent brain damage. We achieved a successful settlement with the ENT, the neurosurgeon and the hospital.
Workplace Safety
We successfully brought suit on behalf of a 38 year old married man and his family against the property owner, power company and crane company for failing to properly guard against contact with overhead power lines. The Casper, Wyoming father of four was working in a crane bucket when it came in contact with a high voltage power line -- he was electrocuted and died. We achieved a confidential settlement on behalf of our client and his young family.
We represented a Utah man injured during the testing of a kiddie roller coaster that resulted in a severe traumatic brain injury. After several years of litigation a confidential settlement was reached.
Wrongful Conviction
Roberto Hernandez Miranda's saga began in 1981 in Las Vegas when he was fingered for a crime that he did not commit. He was represented in Nevada state court proceedings by the county public defender's office. The office had a policy of administering polygraphs to its clients to aid in its decision about allocation of scarce public defender resources. Spanish-speaking Cuban immigrant Roberto performed poorly on his polygraph. He was represented at the 15-day murder trial by a rookie who did not subpoena any witnesses and failed to mount any meaningful defense because he had not investigated the case. Roberto was convicted and sentenced to death. Roberto continued to protest vigorously that he was innocent, and pursued various appellate remedies. After fourteen years of incarceration, the Nevada Supreme Court concluded that Roberto received ineffective assistance of counsel at trial and overturned his conviction. Nevada declined to reprosecute, and Roberto is released from jail. We represented Roberto is his action against Clark County and the public defenders under section 1983. Prompted with a favorable Ninth Circuit Court of Appeal decision, and the United States Supreme Court's denial of Defendants certiorari, renewed settlement negotiations began after almost six years worth of motions to dismiss and appellate proceedings. In May 2004, the parties reached a multimillion dollar settlement and Clark County paid the entire amount on behalf of all named defendants who remained in the case. Roberto finally received justice after his unwaivering patience and perseverance as to his innocence.
Law Enforcement Misconduct
In Weaver v. United States, better known as "Standoff in Northern Idaho" or "Ruby Ridge", the case began as the criminal defense of Randy Weaver and Kevin Harris who were acquitted of murder charges in the self defense shooting of a U.S. Marshall. A wrongful death civil case was brought thereafter against the FBI, ATF and U.S. Marshall Service for the cold blooded shootings of Vicki and Sam Weaver, Randy's wife and son. The government settled the case for $3,100,000.
We represented the parents and siblings of Zachary Nobile, a 19 year old boy who was shot through the heart in his own bedroom by the Broken Arrow Police department. The jury found recklessness, excessive force and deliberate indifference resulting in the case settling on appeal for $680,000.
We represented an African-American who, along with three other young African-Americans, was arrested and charged with murder. A jury convicted all three men. Two men, including our client, were sentenced to death and the other two to life in prison. Our client spent 16 years on death row before he was released. Investigation revealed that our client and the others had no involvement in the murders. Cook County agreed to settle the civil suit and paid the plaintiffs a total of $36,000,000.
Aviation
We represented a young boy who was on flight U232 and the estate of his deceased mother who was also aboard U232 when it crashed on a flight between Denver and Chicago. We reached a confidential settlement.
Wrongful Death
We represented the wife and sons of deceased Paul Lee who was thrown to his death by a 330-pound California State Fair bus driver. The state court jury trial resulted in a $3,500,000 verdict.
We represented the wife of the deceased. Dianne Mannon and her husband were run off the road by a U.S. Soil and Conservation worker. Dianne had a shoulder replacement and her husband was killed. We obtained a $1,600,000 settlement just prior to trial.
