Business Law Cases

Military museum move faces resistance

Description

A military museum in Tulsa faced some hurdles in moving to the City of Broken Arrow, OK. Broken Arrow renovated a building in the center of town. As the renovations neared completion, the museum needed assistance in resolving several issues associated with moving from one municipality to another in a timely manner.

Result

Agreement reached

Protecting your rights the right way

The Tulsa firm of Wagner Stuart can help you with professional liability, insurance defense, employment law, business law, gun trusts, personal injury and estate planning.

Insurance Defense Cases

Wrecker company blamed for asphalt truck spill

Description

A nationally recognized wrecker service specializing in removing and towing damaged and disabled tractors and trailers was called to retrieve a damaged tractor attached to a trailer loaded with hot asphalt. Upon removing the tractor, the trailer spilled hot asphalt. The wrecker company was sued for failing to properly stabilize the trailer.

Result

Client found not at fault

Liability Defense Cases

Veteran's revolver missing after a delivery

Description

A local WWII hero ordered a home delivery for a mattress from a nationally known store. Three men arrived; only two wore the company work shirt with name and store logo. When the men left, the veteran went into his bedroom and noticed his Colt .45, the type he carried in WWII, was missing.

He filed a police report and called the store numerous times seeking a return of his Colt or money damages but was denied.

Result

Compensation recovered for client

Restoration company accused of poor work

Description

Our client, an automobile restoration company, whose finished product and reputation was well known to the plaintiff, was asked to paint a vintage sports car. The plaintiff was not happy with the finished product and made additional demands for work on the car.

Result

Client relieved of additional obligation

Personal Injury Cases

Woman trapped in elevator suffers shoulder injury

Description

A self-employed cancer survivor was on her way to work in an elevator when it stopped several inches short of the eleventh floor of a downtown office building. Concerned the malfunctioning elevator would fall eleven stories, our client wanted out. She placed her left shoulder between the elevator door, which closed forcibly against her shoulder. She began to scream as she fought with the door, eventually opening it enough to climb out and up onto the landing.

The elevator manufacturer and building owner denied responsibility and denied she was injured.

Result

Client received more than $10,000

College student riding bike struck by commuter

Description

A 19-year-old Malaysian university student in Oklahoma was riding across campus on a bicycle to attend morning prayer before her first class.

She was hit by a car driven by a woman en route to work. The student's left wrist was fractured and required surgery, insertion of pins, then a second surgery to remove the pins, followed by rehab.

The driver of the car fought the traffic ticket, which was dismissed on a technicality. The driver’s auto insurance carrier denied liability and the extent of our client’s injury.

Result

Compensation recovered for client

TBI - Traumatic Brain Injury

Description

An employed man in his fifties took his wife to the home and garden show on a Saturday afternoon. The weekend outing was proving to be fun and pleasant until a vendor’s 55lb overhead sign suddenly and without warning fell and hit the man on the head, knocking him out.

The vendor’s insurance adjuster encouraged the injured husband to settle right away by accepting payment of the few medical bills he incurred to be checked out by his doctor. He and his family asked us what they should do. He looked and acted fine after the accident which was confirmed by the adjuster’s surveillance.

Concerned he may have sustained a TBI we encouraged him not to accept the adjuster’s settlement offer and to let us review his medical records and arrange for him to be examined by a Board Certified Neurologist specializing in TBI. Often, TBI symptoms can manifest themselves months after the incident occurs.

While awaiting his neurological examination the head injury opened up a Pandora’s Box of issues which caused him to lose the well-paying job he worked for over ten years. Problems arose affecting his ability to cope with everyday activities.

Result

Not only did the follow-up medical treatment prove beneficial and helpful but resulted in a confidential, yet substantial settlement of his claims.

Wrongful Death

Description

A divorced father of three young children was killed when hit by an 18 wheeler as he worked a part time job. The children, and their mother, who was unemployed, lived with his mother (grandma). He spent little time with his family and contributed little to their support.

The insurance carrier for the trucking company believed the claim of the deceased family had little value since the deceased was rarely involved with his children and contributed little financial support. The insured carrier offered the survivors $500.00 to settle the case.

Grandma asked for our help. A suit was filed and discovery conducted. After a week-long trial the jury returned a verdict for the Plaintiff’s family, awarding substantial money damages, including an award for punitive damages. Nonetheless, the Defendant chose to appeal the jury verdict, convinced the appellate court would reduce the damage and punitive award as unsubstantiated by the evidence. On appeal the jury verdict was upheld in its entirely and the insurance carrier paid the total amount of the verdict together with all interest and costs, totaling $700,000.00. The deceased’s family was able to stay in their house, keep the children in school and plan for the future.

Result

On appeal the jury verdict was upheld in its entirely and the insurance carrier paid the total amount of the verdict together with all interest and costs, totaling $700,000.00. The deceased’s family was able to stay in their house, keep the children in school and plan for the future.