Business Interruption Claims

On July 6, 2013, a 74-car freight train barreled unattended down a hill in the town of Lac-Mégantic, Quebec. The train, which was carrying Bakken formation crude oil, derailed and resulted in the fire and explosion of numerous tank cars. The aftermath led to the confirmed death of 42 people, with five more missing and presumed dead. Victims of this disaster are finally being compensated due in large part to the efforts of Attorney Jason Webster.

The railway line on which the disaster occurred is owned by Montreal Maine and Atlantic Canada LTD. (MMA). Early in January of this year, MMA was ordered to pay nearly $200 million in settlement funds to the victims of the Lac-Mégantic train crash.

January 2015- Cause No. 72383; Tamela Lane, as Temporary Guardian of Ty-Amber Lane, An Incapacitated Person v. BNSF Railway Company, et al; In the 239^th Judicial District Court of Brazoria County, Texas

Webster Vicknair MacLeodfights to a $3.25 million verdict for brain injured passenger of a vehicle who was hit by a BNSF train in Bellville, Texas. Jason Webster and Russell Serafin represented a 19-year-old girl who suffered a traumatic brain injury when the car she was a passenger in was struck by a BNSF train that killed the driver. After a Brazoria County jury was seated, the trial lasted 3 weeks and Jury found 50/50 on liability (between railroad and driver of the vehicle) and awarded funeral expenses to the driver of the vehicle and $3.25 million for the passenger of the vehicle. The driver of the vehicle ran a stop sign and stopped on the tracks before being struck. There was evidence that the driver was also on the cell phone at the time. The railroad argued that it was 100% the driver's fault.

A client had been hit by a commercial truck after another private truck driver had hit him. It both drivers ended up paying out the total gross settlement.

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case. We are honored to have represented our clients and fought to secure the compensation they were entitled to.

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston. The garage maintenance company who failed to put any caution or wet floor signs out settled with her for $ 100,000.00. It happened at the end of a business day and it had been raining that whole day but no signs were ever placed.

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona. Using the crosswalk, she and her mother were granted the right-of-way and entered the intersection. Without warning, a negligent motorist driving a jeep swung left through the intersection and struck the young woman in the chest.

The force of the impact was great enough to throw the young woman backward off the hood of the car. She suffered a broken wrist and substantial bruising and scarring. In order to recover from her wounds, she needed to be in a cast for 6 weeks and entered rehabilitation therapy sessions for her wrist, which lasted for more than two months. The medical bills were less than $25,000.

Mr. Chawdhary represented the young woman who was struck by the negligent jeep driver, during the arbitration session and also helped her build her argument. We are proud to be able to say that the arbitrator decided that our client should be awarded $50,441.57 in damages, which is more than twice her total medical bills.

Webster Vicknair MacLeodrepresented a widower for the death of her husband after a tragic plane crash. On November 6, 2012, Pilot Brian Quinn took off from the Wichita airport, piloting a 1991 Cessna Caravan turbojet which was equipped with a Pratt & Whitney Canada engine, loaded with Federal Express cargo, heading for Garden City, Kansas.

Shortly after leaving the Wichita airport, the engine failed and quit working altogether, due to the failure and separation of a compressor turbine blade. When the turbine blade failed, it flew out of position, severing an oil line and/or the oil cooler, which caused oil to immediately spray all over the windshield, thereby depriving the pilot of vision out of the window.

Despite having no vision out the windshield of the plane and despite that the engine had completely failed, and could not make it back to the Wichita airport for a landing, Quinn made a perfect blind emergency landing in a nearby wheat field. After Quinn landed the plane but before it came to a full stop, the plane collided into a row of trees which Quinn could not see due to the oil on the windshield, and Quinn was killed.

There were several parties in this lawsuit and all but Federal Express either settled or were let out of the case. On the eve of trial, Federal Express settled with Webster Vicknair MacLeodand Mr. Quinn’s family for a confidential settlement amount. Cause number DC-13-13215; Gay Ann Quinn, on behalf of herself and as Administrator/Special Administrator of the estate of Brian Quinn, Deceased; v. Federal Express Corporation, Et. Al.; In the 134^th Judicial District Court of Dallas County, Texas