Verdicts

These are just a sampling of the case results that the firm has received. The hiring of a lawyer is an important decision and should not be based solely on advertisements. Each case is different, depending on the specific facts of the case, so please feel free to contact us to discuss our qualifications and how we may best contribute to your specific situation.

SANTOS v. CROWN EQUIPMENT CORPORATION

West Palm Beach, FL

December, 2009 

On January 14, 2005, Erik Santos was operating a stand-up forklift at the Sysco Food Warehouse in Riviera Beach, Florida.  Mr. Santos' truck struck a parked forklift, which had its forks in a raised position.  One of the forks from the parked truck entered the operator's compartment of Mr. Santos' truck, striking him in the left leg.  The injury resulted in complete amputation of Mr. Santos' left leg.

Plaintiffs alleged the forklift truck was defective because it lacked a rear door to totally enclose the operator compartment.  Crown presented design analysis, statistical analysis and biodynamic testing from its representatives and experts to establish the reasonableness of its design and conduct, and there was evidence submitted to the jury that more serious injuries or death would occur as a result of the proposed design change.

The Federal Court Jury returned a complete defense verdict in Crown's favor.

Plaintiff's Demand: $10 - $15 Million

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

CHALITA v. IMG ACADEMIES 

Bradenton, FL

October, 2009 

Alleged Claim: This case was brought by the estate of a deceased 16 year old boy who collapsed and died of cardiac arrest at the IMG Academies, an athletic training academy in Bradenton, Florida.  The plaintiff's estate sued IMG, and a physician and a nurse who treated the boy, claiming they failed to adequately monitor and treat a heart condition. 

The Plaintiff's estate alleged that the decedent was not properly evaluated by the medical professionals who failed to diagnose a heart condition which rendered the decedent unable to participate in strenuous sports.  The Plaintiff also claimed that IMG employees failed to take appropriate action when the 16 year old boy collapsed while running on a treadmill.  IMG maintained that it relied on the healthcare professionals to evaluate the athletes and that IMG employees reacted appropriately to the boy's collapse.  IMG also argued that the decedent's mother, who was aware that the boy's father died of a heart condition at a young age, was in the best position to prevent the decedent's death, but failed to take any measures to have the boy properly evaluated by a cardiologist before participating in sports. 

Plaintiff's Demand at Trial: $15 Million

Toole Wiggins Trial Team: M. Gary Toole, John R. Reid, Jr., Catherine C. Ackerman

Verdict: IMG Academies and two medical providers were each 18% negligent. Deceased's mother was found to be 46% negligent. The jury awarded Plaintiff $1.5 million, which was reduced by her percentage of fault.

TURLEY v. FORD MOTOR COMPANY

Bartow, FL

October, 2008 (2nd Trial)

Alleged Claim: Colby Turley, a 20 year old woman, was driving her Explorer on I-75 near Ft. Myers, Florida at approximately 70 miles per hour when an unidentified vehicle ahead of her suddenly slowed. She swerved into the median, lost control, and overturned three times, receiving serious spinal injuries despite wearing a seat belt. Plaintiff's attorneys alleged that the design of the Explorer's roof and seat belt were defective, causing a catastrophic neck injury and leaving her a quadriplegic.

Plaintiff's Demand at Trial: multi-million (no specific demand)

Toole Wiggins Trial Team: John R. Reid, Jr.

Verdict: Defense

THARP v. WALT DISNEY WORLD CO.

Orlando, Florida

September, 2008

Alleged Claim: Plaintiff alleged that she sustained personal injuries as a result of a fall at Disney's Biergarten Restaurant located in EPCOT in February, 2004. Plaintiff claimed she fell because there was food on the floor within the restaurant. Defendant, Walt Disney World Co., presented evidence that there was no food or beverage on the floor prior to Mrs. Tharp's fall, that Mrs. Tharp fell as a result of her own actions and that her recount of the incident was not credible. After four days of trial, the jury returned a verdict in favor of the Defendant, Walt Disney World Co.

Plaintiff's Demand at Trial: $688,957.74

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

THURMER v. FORD MOTOR COMPANY

Knoxville, TN

September, 2008

Alleged Claim: Tina Thurmer, a 39 year old restaurant manager, was driving her four-year-old daughter to day care during the morning rush hour in March of 2000, when another vehicle pulled out in front of her. Her pickup truck struck the side of the other vehicle, ramped up and tipped over onto the driver's side, then slid into oncoming traffic. Her vehicle was struck on its roof by an oncoming car, causing massive damage to the roof structure. Mrs. Thurmer broke her neck in the crash and was rendered a quadriplegic. Eleven months after the accident, she died of complications from her injuries, and her husband sued Ford Motor Co. claiming that a stronger roof would have prevented her injuries.

Plaintiff's Demand at Trial: multi-million (no specific demand)

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: Defense

TURLEY v. FORD MOTOR COMPANY

Bartow, FL

March, 2008 (1st Trial)

Alleged Claim: Colby Turley, a 20 year old woman, was driving her Explorer on I-75 near Ft. Myers, Florida at approximately 70 miles per hour when an unidentified vehicle ahead of her suddenly slowed. She swerved into the median, lost control, and overturned three times, receiving serious spinal injuries despite wearing a seat belt. Plaintiff's attorneys alleged that the design of the Explorer's roof and seat belt were defective, causing a catastrophic neck injury and leaving her a quadriplegic.

Plaintiff's Demand at Trial: multi-million (no specific demand)

Toole Wiggins Trial Team: John R. Reid, Jr.

Verdict: None. The trial ended in a mistrial caused by a hung jury.

BYNUM v. FORD MOTOR COMPANY

Laurel, MS

August, 2007

Alleged Claim: In December 1998, William Bynum was driving a 1986 Crown Victoria in Jones County, Mississippi. Mr. Bynum lost control of the vehicle, left the roadway, and overturned in a ditch. Mr. Bynum suffered a catastrophic spinal injury and was rendered a quadriplegic, which confined him to a nursing home. He sued Ford Motor Company alleging that his injuries were caused by manufacturing and design defects in the roof of his vehicle.

Plaintiff's Demand at Trial: multi-million (no specific demand)

Toole Wiggins Trial Team: John R. Reid, Jr.

Verdict: Defense

GARCIA v. FORD MOTOR COMPANY

Tallulah, LA

July, 2007

Alleged Claim: On May 25, 1996, David Garcia, a Ph.D candidate at Vanderbilt University, lost control of his 1989 Escort on I-20 in northern Louisiana and subsequently rolled over. He was rendered a C-5 quadriplegic in the crash. Dr. Garcia sued Ford alleging that the roof structure of the vehicle was defectively designed.

Plaintiff's Demand at Trial: $15,100,000

Toole Wiggins Trial Team: John R. Reid, Jr.

Verdict: Plaintiff, with 50% comparative negligence apportioned to the Plaintiff. (Ford was granted a directed verdict in a previous trial of this case in 2003 which was reversed on appeal.)

GREEN v. FORD MOTOR COMPANY

Huntsville, AL

April, 2007 (2nd Trial)

Alleged Claim: In April 2003, Plaintiffs' Frank and Heather Green were involved in a serious rollover crash in Huntsville, Alabama in their Ford Explorer SUV. The vehicle went down an embankment and overturned. Mr. Green, who was driving, suffered serious head and facial injuries in the crash, which he alleged were caused by defects in the vehicle's roof design.

Plaintiff's Demand at Trial: $2.5 million

Toole Wiggins Trial Team: John R. Reid, Jr.

Verdict: Defense

RENO v. FORD MOTOR COMPANY

Las Vegas, NM

September, 2006

Alleged Claim: On August 5, 2004, Donald Reno was driving with his wife in northern New Mexico when he lost control of his Lincoln Town Car, left the roadway, and rolled over 3 1/2 times. Mr. Reno was pinned inside the vehicle and died as a result of the crash. His wife sued Ford alleging that the vehicle's roof and seat belts were defectively designed.

Plaintiff's Demand at Trial: $160 million

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: None. The trial ended in a mistrial caused by a hung jury.

CORLEY v. WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION

Orlando, Florida

October, 2006

Alleged Claim: The Plaintiff, a Methodist minister, alleged that his wife, also a Methodist minister, died as a result of a pulmonary embolism suffered after breaking her foot on an entrance step to a water attraction at Disney's Typhoon Lagoon. Disney presented evidence that the entrance and step were safe, open and obvious and that the death could have been averted had the decedent informed her physicians of a known family history of pulmonary embolism.

Plaintiff's Demand: $1.2 Million

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

GREEN v. FORD MOTOR COMPANY

Huntsville, AL

April, 2006 (1st Trial)

Alleged Claim: In April 2003, Plaintiffs' Frank and Heather Green were involved in a serious rollover crash in Huntsville, Alabama in their Ford Explorer SUV. The vehicle went down an embankment and overturned. Mr. Green, who was driving, suffered serious head and facial injuries in the crash, which he alleged were caused by defects in the vehicle's roof design.

Plaintiff's Demand at Trial: multi-million (no specific demand)

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: None. The trial ended in a mistrial caused by Plaintiffs' counsel.

ADAMS v. FORD MOTOR COMPANY

Pensacola, Florida

August, 2005

Alleged Claim: The Plaintiff contended that a cotter pin was missing from the left front wheel assembly of a 1996 Ford F-150 and as a result of its absence caused the left front wheel nut to unscrew from the spindle which caused the driver to lose control of the Ford F-150 and cross the centerline of the road striking the Plaintiff's 1996 Honda Civic. This accident resulted in fatal injuries to driver of the Honda Civic.

Plaintiff's Demand: $20 Million

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: Defense

HAGUE v. WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION

Orlando, Florida

August, 2005

Alleged Claim: The Plaintiff alleged that Mrs. Hague suffered permanent damage to her ankle and extensive pain and suffering, and that Mr. Hague suffered loss of consortium, as a result of Mrs. Hague's fall in a "hole" in a paved walk area at The Magic Kingdom. Walt Disney World admitted that there was a fresh chip in the sidewalk, denied that it was a "hole" as alleged by the Plaintiffs, and stated that regardless of the characterization, the condition was open and obvious. The defense also established a significant lack of credibility as to the Plaintiff's testimony concerning her pain and suffering and the loss of consortium claim.

Plaintiff's Demand: $50,000

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Plaintiff in the amount of $335.00 (past out-of-pocket expenses). Walt Disney World had timely filed an enforceable proposal for settlement and sought recoverable costs and fees of counsel from the Plaintiff.

TUNNELL v. FORD MOTOR COMPANY

Danville, VA

May, 2005

Alleged Claim: In the early morning of November 18, 1999, John Tunnell was a passenger in a friend's Ford Mustang GT. The driver lost control of the Mustang, which slammed into a utility pole on the right front side, pinning Mr. Tunnell's legs inside the car. The car later caught fire and Mr. Tunnell was burned over 60% percent of his body, suffered double leg amputations as a result of his burns, and was rendered a partial quadriplegic as a result of rescuers' efforts to forcibly pull him from the burning vehicle. Mr. Tunnell sued Ford alleging that the design of the vehicle's electrical system was defective, and that those defects caused the fire and his catastrophic injuries.

Plaintiff's Demand at Trial: multi-million (no specific demand)

Toole Wiggins Trial Team: John R. Reid, Jr.

Verdict: A directed verdict was granted to Ford at the close of the evidence.

KEHR-ORZECHOWSKI v. CROWN EQUIPMENT CORPORATION & FLORIDA LIFT SYSTEMS, INC.

Tampa, Florida

May, 2005

Alleged Claim: The Plaintiff alleged that the industrial walkie stacker manufactured by Crown was defectively designed and caused his injuries. Plaintiff claimed that the auto-reverse button failed to operate when he was pinned against a wall by the walkie stacker. Crown presented evidence that its design methodology and manufacturing criteria complied with all applicable engineering standards. Plaintiff also alleged that Crown and Florida Lift Systems breached the implied warranties of merchantability and particular purpose. Crown contended that Plaintiff himself was responsible for causing the accident which ultimately resulted in his injury.

Plaintiff's Demand: $850,000

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

WIMBUSH v. CROWN EQUIPMENT CORPORATION

Quincy, Florida

January, 2004

Alleged Claim: The Plaintiff alleged that an operator-ridden pallet jack manufactured by Crown was defectively designed and caused his injuries. Plaintiff alleged that the operator's platform was too small and required a lip to prevent the operator's feet or lower extremities from being outside the plan line of the platform. Crown presented evidence that its design methodology and manufacturing criteria complied with all applicable engineering standards. Finally, Crown contended that Plaintiff himself was responsible for causing the accident which ultimately resulted in his injury.

Plaintiff's Demand: $1.3 Million

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

GARCIA v. FORD MOTOR COMPANY

Madison Parish, Louisiana

August, 2003

Alleged Claim: The Plaintiff, a 37 year old doctoral candidate at Vanderbilt University, alleged that the stability and handling characteristics and the roof structure of the vehicle were both defective and these defects caused him to suffer C4/5 quadriplegia in a rollover accident.

Plaintiff's Demand: $33.4 Million

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: Defense (directed verdict)

Verdict: Defense

FORBIS v. FORD MOTOR COMPANY

Collier County, Florida

January, 2003

Alleged Claim: The Plaintiff claims, based on the crashworthiness doctrine, alleged that Ford's design of seatbelts in a Ford Econoline van caused a five year old girl's closed-head injury resulting in a severe and permanent learning disability.

Plaintiff's Demand: $10 Million

Toole Wiggins Trial Team: M. Gary Toole

Verdict: Defense

GRANDA v. FORD MOTOR COMPANY

Yolo County, California

March, 2002

Alleged Claim: Plaintiff alleged that the 1989 Escort was unreasonably dangerous. Plaintiff alleged defects in the suspension, roof and windshield of the Escort. Plaintiff was rendered a ventilator-dependent quadriplegic in the accident.

Plaintiff's Demand: Over $70 Million

Toole Wiggins Trial Team: M. Gary Toole

Verdict: Defense

TASHIK v. FORD MOTOR COMPANY

Okaloosa County, Florida

January, 2001

Alleged Claim: Plaintiff alleged that the 1992 Ford 250 Truck seatback/track assembly was negligently manufactured, causing the seatback/track assembly to break at time of impact, resulting in severe injury to Plaintiff's right shoulder.

Plaintiff's Demand: $600,000

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: Defense

HEAD v. FORD MOTOR COMPANY

Circuit Court of Citrus County, Florida

September, 2000

Client: Ford Motor Company and Nick Nicholas Ford

Alleged Claim: Plaintiff contended that as he attempted to remove the spare tire from the undercarriage of his 1995 F-150 truck, the spare tire was ejected and fell on his right wrist causing injuries, which he contended were permanent.

Plaintiff's Demand: $150,000

Toole Wiggins Trial Team: M. Gary Toole and John R. Reid, Jr.

Verdict: Defense

PALMER V. FORD MOTOR COMPANY

Circuit Court, State of Louisiana

January, 1999

Client: Ford Motor Company

Alleged Defect: Plaintiff, Martin Palmer, lost control of a 1994 Lincoln Town car causing it to veer out of its lane of travel, go off the road and roll onto its roof. Plaintiff, Laura Palmer, suffered serious personal injuries during the accident resulting in quadriplegia and sought recovery from Ford for her injuries based on an allegedly defective roof structure under theories of strict liability, negligence, breach of warranty and failure to warn.

Plaintiff's Demand: $10 Million

Toole Wiggins Trial Team: M. Gary Toole

Verdict: Defense

REDENTE v. MEDTRONIC, INC.

United States District Court, Middle District of Florida

August, 1998

Client: Medtronic, Inc.

Alleged Defect: Plaintiff claimed Medtronic's use of Pellethane 80-A as an insulator in its bipolar pacemaker lead was a defective design. Plaintiff also claimed that the manufacturing and quality control processes utilized by Medtronic was "inadequate."

Plaintiff's Demand: $750,000

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

D'AMARIO v. FORD MOTOR COMPANY

Circuit Court of Pinellas County, Florida

February, 1997

Client: Ford Motor Company and Ken Marks Ford, Inc.

Alleged Defect: Plaintiff claimed that the electrical and fuel systems in their 1992 Ford Escort precipitated a post-collision fuel-fed fire causing disfiguring burns to Plaintiff's minor child resulting in the loss of three limbs.

Plaintiff's Demand: $41 Million

Toole Wiggins Trial Team: Michael J. Wiggins

Verdict: Defense

NICHOLS v. FORD MOTOR COMPANY

United States District Court of South Carolina

September, 1996

Client: Ford Motor Company

Alleged Defect: Plaintiff claimed that the 1990 Ford Ranger was improperly designed and manufactured causing it to roll over during normal driving conditions. Plaintiff also claimed the roof structure welding was inadequate resulting in excessive crush. Plaintiff sought relief on behalf of the deceased.

Plaintiff's Demand: $5+ Million

Toole Wiggins Trial Team: Michael J. Wiggins

(Note: The firm utilized local counsel in Charleston, South Carolina).

Verdict: Defense