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Monday, October 16, 2017

MILLER WEISBROD WINS $26,500,000 JURY VERDICT

MILLER WEISBROD WINS $26,500,000 JURY VERDICT IN A CONSTRUCTION ACCIDENT CASE

On October 4th 2017, a Dallas County Jury returned a verdict in the case of Fernando Canales vs. RJC Midwest L.P. in the amount of $26,500,000. The verdict included $11,500,000 of actual damages and $15,000,000 in punitive damages in a construction fall case. The case was tried by firm partner Clay Miller and Josh Birmingham who joined the firm on first day of the trial.

Fernando Canales is a Honduran National that worked as a decker in the construction industry. Decking is the placing of plywood on top of the structural framing to form the floor, wall and roof surfaces of a building. Fernando, while always a hard worker, was and is a simple man—he has a 2nd Grade education and is unable to read or write in either his native Spanish or English.

For years, prior to his accident Fernando had been diligent in wearing a harness and tying a safety rope in an effort to protect himself from a multi-story fall. Fernando had never received any training on actually how to properly use the fall protection equipment. Fernando had “learned” how to secure the safety rope by watching others when he first started working in decking. What Fernando did not know was that he was and had been securing the safety rope backwards for years—instead of clipping the lanyard into his harness, Fernando was tying it wood structures on the building and hooking the opposite end to his harness.

On the day of his accident, Fernando was wearing his harness and tied off in the manner he believed was correct. When he slipped instead of having the lanyard “arrest” his fall the rope spooled out and he went to the ground two stories below. The impact of the fall damaged his spinal cord, leaving Fernando a paraplegic.
The General Contractor RJC Midwest Admitted in Deposition Testimony and then again during trial cross examination that it had the responsibility to train not only employees but subcontractors on how to properly use fall protection equipment.




RJC’s corporate representative admitted under cross-examination that it’s on-site safety coordinator ignored RJC’s own safety manual when he failed to carry out this training. Despite these admissions, the Defense Attorney argued vigorously that the fall was 100% Fernando’s fault because he had hooked up the safety rope incorrectly. The jury saw and appreciated that it was not fair to blame the victim when the Defendant had wholly failed in their obligations to train and assigned 100% of the responsibility to RJC.

Deposition of Robert Jordan Jr.


Trial transcript of the cross examination of Robert Jordan Jr.

This is the 2nd 8 figure verdict in the last 60 days for Clay Miller. On August 11, 2017, a jury in Jackson, Tennessee returned a $30,800,000 verdict (including $20,000,000 in punitive damages) against Navistar International arising from a commercial fraud case involving the sale of 18-wheelers.

Miller Weisbrod handles cases involving serious injury and death all across Texas and the United States. We would welcome the opportunity to put our experience and resources to work for you and your clients through a variety of arrangements including referrals or joint ventures.

Miller Weisbrod, LLP is a national law firm specializing in catastrophic injury and wrongful death cases. Partners Clay Miller and Les Weisbrod have built the firm’s reputation with successful verdicts, settlements, appeals and favorable decisions across the country. With resources and finances available to take on the powerful interests that have caused harm, the firm is committed to providing quality representation for clients who are seriously injured and families of victims who are killed as a result of the negligence or misconduct of others. Miller Weisbrod has offices in Dallas and affiliate offices in Houston and Austin. For more information call (214) 987-0005 or visit www.millerweisbrod.com






Friday, October 13, 2017

500,000 Diono Child Car Seats are being recalled because they may not protect kids in crash.


Diono issues national recall for 500K car seats.

More than 500,000 child car seats made by a company called Diono are being recalled because they may not adequately protect children in a crash.

The recall covers the Radian R100, Radian R120, Radian RXT, Olympia, Pacifica, and Rainier convertible and booster seats. They were made from as early as January of 2014 to September of this year by Diono, which used to be called Sunshine Kids Juvenile. (National Highway Traffic Safety Administration report)

If seats are installed with only the lap belt — without also using the top tether — children over 65 pounds have an increased risk of a chest injury in the event of a crash. This issue was discovered in company testing.

“As a result of our rigorous quality control, and ongoing product testing, we have established that if our convertible child safety seat is installed forward-facing in vehicles with a lap-belt (type 1) only without top tether, it crosses into a technical non-compliance", the safety notice on Diono’s website reads. “If our convertible child safety seat is being used with a lap and shoulder safety belt (type 2) or with our SuperLATCH system, or top tether the child safety seat is unaffected.”



Diono, based in Sumner, Washington, says it has no reports of injuries and that few children who weigh more than 65 pounds will be harnessed into the seats. The problem was discovered in company testing.

Confused if the recall affects you?
You can determine if your seat is part of this recall with three simple questions:
A) Is your child safety seat installed forward-facing with the lap and shoulder belt, or with the SuperLATCH system, or using the top tether? If the answer is yes, you are unaffected by this notice.

B) Is your child safety seat installed forward-facing with the lap belt only and top tether? If the answer is yes, you are unaffected by this notice.

C) Is your child safety seat installed forward-facing with the lap belt only? If the answer is yes, you might be affected if your seat was manufactured after 11/25/13. You will be able to locate this information on the manufacturer’s label on the product.

The company will send owners a kit with an energy absorbing pad and a new chest clip at no cost. The recall is expected to start on Nov. 22.

Customers with questions can call Diono at (855) 463-4666.

Contact Us Today
At Miller Weisbrod, we help victims of defective consumer products nationwide. We have the experience and resources to take on major manufacturers of defective products in pursuit of maximum financial compensation for our injured clients and families who have lost a loved one from a defective product.

If a loved one was injured or died due to a defective consumer product, we encourage you to call our offices in Dallas today at 214.987.0005 or toll free at 888.987.0005.