EMPLOYMENT
Employee wasn’t fired for complaining about co-workers
A woman who alleged she endured a hostile work environment and was fired when she complained lost her suit against her employer on Oct. 3. In 2006, Elena Arredondo said she complained to her supervisor at Drive Financial in Dallas after two male co-workers made sexually inappropriate remarks about her. Less than a month later, Arredondo was fired, with Drive Financial citing excessive personal phone calls as the reason. She alleged her termination was actually in retaliation for her complaints. Drive Financial argued the alleged incidents didn’t rise to the level of a hostile work environment and that Arredondo was fired for violating company policy. The judge issued a directed verdict for Drive Financial on the hostile environment claim, and a jury also sided with the defense on the retaliation question.
Arredondo v. Drive Financial Services LP, No. DC-06-12851
Court: 101st District Court, Dallas County
Plaintiff’s Attorneys: Carmen Artaza and Robert G. “Bobby” Lee, Lee & Braziel, Dallas
Defense Attorneys: Sheri Caldwell and Monte K. Hurst, Hermes Sargent Bates, Dallas
EMPLOYMENT
Flight attendant’s termination violated ADA
On Oct. 2, a flight attendant who alleged he was fired because of his gender and disabilities won $80,000 in a trial against Southwest Airlines. In 2005, Edward Carmona, who suffers from psoriasis and psoriatic arthritis, asked for medical leave and job reassignment due to a hand injury. His request was denied and he was fired shortly thereafter, with Southwest citing absenteeism as the reason. Carmona claimed he was never notified that his leave request had been turned down and accused Southwest of discrimination. He noted that female and nondisabled flight attendants received leave for less severe injuries. Southwest argued that Carmona was fired for valid, nondiscriminatory reasons. The jury sided with Southwest on the gender discrimination claim but found that Carmona’s termination violated the Americans With Disabilities Act.
Carmona v. Southwest Airlines Co., No. 1:06-cv-00641-SS
Court: U.S. District Court for the Western District of Texas, Austin
Plaintiff’s Attorneys: John F. Melton, Melton & Kumler, Austin; Peter E. Ferraro, Law Offices of Peter E. Ferraro, Austin
Defense Attorneys: Lacey L. Gourley and Natalie C. Rougeux, Bracewell & Giuliani, Austin
INTELLECTUAL PROPERTY
Phone giants settle patent infringement suit
On Sept. 25, several phone companies agreed to pay $17,625,000 to settle a patent infringement suit brought by a telecommunications firm. C2 Communications Technologies, a Missouri-based corporation, accused AT&T, Verizon, Sprint, Qwest, Global Crossing Telecommunications and Level 3 Communications of using its patented “Voice over Internet Protocol”(VoIP) technology. C2 said it received a patent for VoIP, which is used to make long-distance calls over computer networks, in 2003. It sought $90 million in lost royalties. The defendants argued C2’s patent was invalid, because the VoIP techniques were anticipated by prior art. AT&T, Sprint and Verizon ultimately settled before trial, and the others settled on the third day of trial.
C2 Communications Technologies v. AT&T Inc., No. 2:06-cv-241(TJW)
Court: U.S. District Court for the Eastern District of Texas, Marshall
Plaintiff’s Attorneys: Bill Carmody, Susman Godfrey, New York; Ian Crosby, Susman Godfrey, Seattle; Shawn Rabin, Susman Godfrey, Dallas; Calvin Capshaw, Capshaw DeRieux, Longview; Franklin W. Jones Jr., Jones & Jones, Marshall; Robert M. Parker, Parker, Bunt & Ainsworth, Tyler
Defense Attorneys: David J. Beck, Beck, Redden & Secrest, Houston; Eric M. Albritton, Albritton Law Firm, Longview; Steven Bauer, Proskauer Rose, Boston; William H. Baumgartner, Sidley Austin, Chicago; Bryan V. Medlock Jr., Sidley Austin, Dallas; Charles B. Molster III, Winston & Strawn, Washington, D.C.; B. Trent Webb, Shook, Hardy & Bacon, Kansas City, Mo.
MOTOR VEHICLE
Driver injured in collision with SUV gets $375,000 settlement
On Oct. 6, a driver received a $375,000 settlement for injuries she sustained in a collision with an SUV. In 2007, Diana Lyon was struck by the SUV when it allegedly ran a red light at an intersection in Conroe. She sustained a fractured pelvis, three spinal fractures and a closed head injury. She was wheelchair-bound for several months and claimed she continues to experience limited mobility, short-term memory loss and urological problems. Lyon sued the driver of the SUV, Alicia James, as well as its owner, Bryan Humphries, alleging vehicular negligence and vicarious liability. The defendants disputed the existence of Lyon’s cognitive deficits and urological problems, but agreed to the settlement before trial.
Lyon v. James, No. 07-07-07618-CV
Court: 9th District Court, Montgomery County
Plaintiff’s Attorney: Geoffrey S. Binney, Gauntt, Earl & Binney, The Woodlands
Defense Attorney: David H. Bradley, Walters, Balido & Crain, Houston
MOTOR VEHICLE
Driver not liable for crash that killed ATV operator
On Oct. 22, a jury sided with a driver accused of causing a collision that killed an all-terrain vehicle operator. In 2004, Paul Franklin Easter was driving the off-road four-wheel ATV through an intersection in Waller when he was struck by a vehicle driven by Jacqueline Spade Joseph. Easter was killed instantly. His son sued on behalf of Easter’s estate, alleging that Joseph was speeding at the time of the collision. He sought $292,200 in damages for his father’s death. According to the plaintiff’s accident reconstruction expert, Joseph’s speed was at least 62 mph on a curve with a speed limit of 40 mph at the time of impact. Joseph argued that Easter caused the accident when he either ran a stop sign or failed to yield to her.
Easter v. Joseph, No. 050217686
Court: 155th District Court, Waller County
Plaintiff’s Attorneys: David N. Anderson and Anthony L. Laporte, Hanszen Laporte, Houston
Defense Attorneys: James Boanerges and Michael T. Sprague, Cooper, Sprague, Jackson & Boanerges, Houston
PREMISES LIABILITY
Jury awards $72,905 to woman injured in elevator mishap
On Sept. 12, a jury awarded $72,905 to a courthouse security guard who suffered a back injury when an elevator skipped her stop and landed with a sudden jolt in the building’s basement. Liliana Batres sustained a bulging lumbar disk in the 2004 incident. She underwent $35,000 worth of chiropractic treatment and epidural injections but claimed she continues to suffer from pain and impaired mobility. Batres, who sought $120,000 in damages, blamed maintenance company KONE Inc., alleging the elevator malfunctioned because it wasn’t properly maintained. KONE argued that it performed regular service on the elevator. It attributed the malfunction to the elevator’s age and argued that the incident wasn’t preventable.
Batres v. KONE Inc., No. CC-06-03649-D
Court: Dallas County Court-at-Law No. 4
Plaintiff’s Attorneys: Paul R. Hornung and Cassandra Gandara, Law Office of Domingo Garcia, Dallas
Defense Attorney: Katarzyna Brozynski, Dykema Gossett, Dallas
WORKPLACE SAFETY
Electrician burned by scalding water nets $428,243
On Oct. 3, an electrician recovered $428,243 for burns he sustained while wiring sensors in the pipes at a Coca-Cola plant in Dallas. As Robert Kennedy worked on the project, tests were being conducted that involved running hot water through the pipes. He was about to wire a pipe when scalding water spewed out of it, causing second- and third-degree burns on 15 percent to 18 percent of his body. Kennedy blamed contractor Statco Engineering and Fabricators and subcontractor Atlas Automation for his injuries, claiming they failed to warn him the pipes were being tested. The defense argued Kennedy was solely negligent for failing to ensure the water was turned off before opening the valve. The jury found all parties negligent and assigned 58 percent liability to Statco, 23 percent to Atlas and 19 percent to Kennedy.
Kennedy v. Statco Engineering and Fabricators Inc., No. 5:07-cv-00040-DF
Court: U.S. District Court for the Eastern District of Texas, Texarkana
Plaintiff’s Attorneys: Christopher S. Ayres and Rowe Jack Ayres Jr., Law Offices of R. Jack Ayres Jr., Addison; Craig D. Cherry, Haley & Olson, Waco; John R. Mercy, Mercy, Carter & Tidwell, Texarkana
Defense Attorneys: Lee Lemon Cameron Jr. and Allison J. Maynard, Wilson Elser Moskowitz Edelman & Dicker, Dallas; Addie L. Jones and Michael A. Miller, Miller & McCarthy, Dallas; Jeffrey C. Elliott, Elliott Law Firm, Texarkana
The verdicts and settlements above are reported and written by VerdictSearch Texas. Additional verdicts can be found in VerdictSearch Texas or at VerdictSearch.com, affiliates of Texas Lawyer.
