Key Case Wins include:

Escoto, et al v. Nabors Drilling USA, Inc.
Willacy County, Texas

A teenage oil field shift worker left work after a graveyard shift and fell asleep at the wheel on the way home, running into and killing plaintiffs. The plaintiffs alleged Nabors failed to train workers about the hazards of fatigue, which is a nationally known problem in the industry. The Jury found Nabors was negligent in its failure to train its workers and that negligence was a cause of the plaintiff's death.

Rupp, et al v. Sulzer
Nueces County, Texas

This was the first trial in the country against Sulzer Orthopedics, Inc. involving Sulzer’s defective hip implants. Plaintiffs alleged manufacturing defect, marketing defect, breach of implied warranty, negligence and malice. Plaintiffs also claimed Sulzer was in violation of Section 22.04 of the Texas Penal Code in that Sulzer knowingly caused injury to elderly persons. The jury returned a unanimous verdict finding in favor of the Plaintiffs on all issues.

Suzanne Williams, et al v. Patterson Drilling Company, et al.
Rusk County, Texas

The Plaintiff was killed when his Ford pickup collided with an "out of gas" mobile drilling rig. Plaintiff alleged Patterson failed to adequately warn oncoming traffic of the hazard presented by its mobile drilling rig in the middle of the highway. Defendant argued that Plaintiff had seven-tenths of a mile view prior to hitting the rig. The jury apportioned negligence at 60% on Patterson Drilling, 10% on the decedent, and 10% on three the individuals who failed to adequately warn on-coming traffic and were employees of Patterson Drilling. The jury also found malice against Patterson Drilling.

Aguilar, et al v. Browning Ferris Ind.
San Patricio County, Texas

A neighborhood of Plaintiffs living near a municipal solid waste facility brought suit against BFI, Waste Disposal Center, Inc. (the site’s previous owner) and various generators of toxic waste which were dumped at the site over a period of years. Plaintiffs alleged the toxic materials deposited in the landfill contaminated private drinking-water wells. The jury found that BFI and Waste Disposal Center, Inc. deposited hazardous materials in unlined and inadequately lined pits, that the toxic materials migrated in the groundwater to the neighborhood, and that the toxic materials contaminated the drinking water of the Plaintiffs. The jury found negligence, nuisance, and disposal of non-exempt hazardous waste.

George J. Brenner, Jr. v. Robert Francis, D.C., Ph.D.
Harris County, Texas

Quadriplegic Plaintiff brought suit against chiropractor for negligence and malice. Plaintiff alleged chiropractor treated Plaintiff with a heating pad that caused a severe burn on the back of Plaintiff. The chiropractor’s attorneys claimed the burn on Plaintiff’s back was a decubitis ulcer. The jury found in favor of Plaintiff.

August Gordon, et al v. Norton
Harris County, Texas

Five Plaintiffs brought claims against respirator manufacturers and other companies alleging the respirators were defective and failed to protect them from exposure to silica dust at Central Foundry in Holt, Alabama. This was the first respirator defect case arising from exposure in an iron foundry to be tried in Texas. The respirator manufacturer remaining at the time of trial settled at the close of Plaintiffs’ case in chief.

Sylvan Parker, et al v. Able Supply Company
Harris County, Texas

Three Plaintiffs brought suit against supplier of asbestos insulation. Plaintiffs were exposed to asbestos over their work life from 1952 to 1978 while employed as electricians, laborers, and pipe fitters for companies in plants along the Houston Ship Channel. Numerous manufacturers of asbestos products settled prior to trial for a confidential amount. The jury found defective marketing, negligence, causation and injuries.

Thomas Whitman, et al v. Pittsburgh Corning Corp.
Harris County, Texas

Seven Plaintiffs had occupational exposure to Pittsburgh Corning’s asbestos-containing pipe and block insulation at various chemical plants and refineries during the 1960’s and 1970’s. The jury found negligence, marketing defect and gross. 

Turney, et al v. Fiberboard, et al.
Harris County, Texas

Nine Plaintiffs brought claims against manufacturer of asbestos pipe and block insulation. Plaintiffs were exposed to asbestos while working in various trades at refineries and chemical plants along the Gulf Coast alleging marketing defects, negligence, and gross negligence. The jury found negligence and gross negligence.

Carl Feazle, et ux v. Owens Corning
Harris County, Texas

Plaintiff brought suit against manufacturers and suppliers of asbestos industrial insulation products. Suit went to verdict against Owens Corning Fiberglas. The jury found Owens Corning marketed a defective product without adequate warning and was negligent.

Michael E. Jatko, et al v. Pittsburgh Corning Corp.
Harris County, Texas

Twenty-five Plaintiffs had occupational exposure to asbestos over their work life in various Gulf Coast plants. The case was tried against Defendant Pittsburgh Corning only, the other Defendants had settled prior to trial. The jury found Pittsburgh Corning liable for marketing defect, negligence and gross negligence in all cases.

Jim T. Cortinas, et ux v. Pittsburgh Corning, et al
Harris County, Texas

Fifteen Plaintiffs had occupational and household exposure to asbestos. The jury found Pittsburgh Corning and Owens Corning liable for marketing defect and negligence.

Elroy Warren, et al v. Owens Corning Fiberglas
Harris County, Texas

Eight Plaintiffs were occupationally exposed to asbestos in various Gulf Coast plants, refineries and shipyards. The jury found Owens Corning liable for marketing defect, negligence and gross negligence in all cases.

Harold Harvey, et al v. Pittsburgh Corning
Harris County, Texas

Twenty-three Plaintiffs had occupational exposure to asbestos over their work life in various Gulf Coast plants and refineries. The one month trial began on November 1, 1993. The jury found Pittsburgh Corning liable for manufacturing defect, negligence and gross negligence in all cases.

Wevanco v. IP Petroleum, Inc.
Harris County, Texas
May 2001
Oil & Gas Breach of Contract

Donald and Ruby Tompkins v. U.S. Silica
Jefferson County, Texas
April 2001
Silicosis

Herman Wells, Et Al. v. Pittsburgh Corning Corp., Et Al.
Jefferson County, Texas
February 2001
Product Liability

The case was the first in the country for which a substantial verdict was awarded against Gasket Holdings Company for damages caused by the Flexitallic gasket in a non-malignancy case. Additionally, it is the first verdict awarded against a drywall manufacturer for the harm it caused at a major petrochemical facility.

James Blackburn, Et Al. v. Swan Transportation Company
Dallas County, Texas
August 2000
Asbestos

Virdell Howland, Et Al. v. Swan Transportation Company
Smith County, Texas
August 2000
Asbestos

The Blackburn and Howland verdicts were the first in Texas where injured employees successfully used the "Good Samaritan Liability" doctrine to obtain compensation for having been poisoned on the job. While the State of Texas shielded the employer from liability due to its workers compensation insurance coverage, the plaintiffs proved it was not the employer who was liable, but rather, the parent company of their employer.

In this case, the plaintiffs' team successfully proved the parent company of the injured workers' employer controlled safety policies and procedures at the Iron Foundry where the plaintiffs worked. The parent company, among other things, drastically under funded safety expenditures, refused to correct numerous OSHA violations in spite of being ordered to do so, and fired outside safety consultants when they pointed out hazards that would poison the workers.

The plaintiffs proved it was the interference and control of the parent company that caused them to be poisoned on the job. The cases provided recovery for injured working men and women where practically no other recovery was possible.

Fulgencio Martinez v. Owens Corning and Pittsburg Corning
Harris County, Texas
November 1995
Asbestos

Tammy Bland v. Randall Fletcher
Harris County, Texas

Ms. Bland alleged she was beaten and sexually assaulted by her live-in boyfriend. The jury found the boyfriend liable for violating the Violence Against Woman Act and for intentional infliction of emotional distress. This was one of the first cases in the nation tried and won under the Violence Against Women Act.

Some of these verdicts were obtained by attorneys of Heard, Robins, Cloud & Lubel LLP while they were employed by other law firms.