Trial Lawyers for Justice Settles Record $3.5 Million Case Against State of Iowa

Trial Lawyers for Justice Settles Record $3.5 Million Case Against State of Iowa

Trial Lawyer Nick Rowley, founder of Trial Lawyers for Justice, his partners at Trial Lawyers for Justice, Dominic Pechota and Matt Reilly, and referring counsel James Van Dyke announced a $3.5 million settlement with the State of Iowa in a car crash case involving a state owned snow plow. According to the State of Iowa’s legal counsel, it is the largest personal injury settlement ever entered into by the State of Iowa in a civil case.

 

Client Nathan Thompson was driving westbound on U.S. Highway 30 in Carroll County, Iowa around 8:30am when a State of Iowa snowplow traveling in the opposite direction failed to raise his wing snowplow before crossing Storm Creek Bridge, causing the plow to strike the guard rail of the bridge, pushing the plow into the path of Nathan’s car.

The crash resulted in Nathan drifting in and out of consciousness and needing to be removed from his vehicle by the Jaws of Life. He was taken to the hospital with a cerebral hemorrhage as well as multiple fractures including his ankle, foot, toe, and wrist.  Nathan sustained a mild traumatic brain injury in the crash. By the time of the settlement, Nathan had returned back to work but continued to suffer from the effects of his mild traumatic brain injury and other physical ailments.

“This is a clear cut case in which a plow operator failed to perform his job duties in accordance with policy and training,” said Nick Rowley, lead trial lawyer. “This resulted in Nathan’s vehicle being struck by a massive snow plow causing tremendous pain and suffering, economic damages, and life-long physical and mental injuries. I am very pleased for Nathan. This was a contested liability case. The State of Iowa’s position, up until the day we reached settlement, was that Nathan was traveling too fast for conditions. The State of Iowa made a smart move by paying the settlement because they would have paid a lot more after trial.”

Settlement was reached less than two weeks prior to trial.

Nation State of Play Podcast featuring Nicholas Rowley on California’s Regressive Malpractice Damages Cap

Nation State of Play Podcast featuring Nicholas Rowley on California’s Regressive Malpractice Damages Cap

Listen to the Podcast Here: https://anchor.fm/nation-state-of-play/episodes/Nick-Rowley—Californias-Regressive-Malpractice-Damages-Cap-e16d8tq

Jury Trial Lawyer, Nick Rowley, is featured on the Nation State and Play podcast to discuss the California medical malpractice cap (MICRA -1975 law) that caps the value of life at $250,000 regardless of the injury.

The 3rd leading cause of death in California is medical malpractice. MICRA is a one size fits all cap of $250,000 for anyone harmed by medical malpractice. MICRA was enacted with the understanding that the insurance industry would reduce insurance premiums. This is not the case. Insurance premiums increased and continue to increase today. This saves multi-billion dollar insurance companies money and costs American Citizens more money.

MICRA: the most regressive medical negligence law in US history. It has not changed since 1975. Eliminating MICRA would improve the State of California’s healthcare by holding medical professional accountable for their negligent work. Elimination would not cost medical professionals anything. It would cost multi-billion dollar medical malpractice insurance companies money when they pay out to injured individuals on the behalf of a negligent medical professional when this negligence causes harm.

How do we eliminate MICRA? Vote.

Nick is fighting to pass the Fairness for Injured Patient Act (FIPA). FIPA would raise the Med Mal cap in California to $1,200,000 to reflect inflation. FIPA would better help those who have been harmed by medical malpractice and are in need of financial assistance due to this harm.

FIPA also allows jurors and judges to be informed of the cap. If they decide an injured party deserves more than the cap, they can practice their civil right to award the plaintiff above more than the cap.

Holyoke woman’s family wins $9.5M judgment in crosswalk death

Holyoke woman’s family wins $9.5M judgment in crosswalk death

Preview included here, please visit the full published article at the Daily Hampshire Gazette:
https://www.gazettenet.com/Holyoke-family-awarded-$7-million-in-wrongful-death-suit-40155422

HOLYOKE — The family of a Holyoke woman killed in a crosswalk in 2017 after she was struck by a driver has been awarded over $7 million in a wrongful death suit.

The complete settlement, including compounded interest, is more than $9.5 million in the case of the late Zoe Rosenthal, a popular teacher with The Literacy Project.

Attorneys representing Rosenthal’s daughters, Tiffany and Chelsea Castillo, alleged the driver, Charles J. Davignon of Holyoke, then 63, was negligent when he made a left turn into the crosswalk, at the intersection of Lyman and Canal streets, on Nov. 27, 2017, and hit Rosenthal, who was 52 at the time.

In a statement, one of those attorneys, Charlotte Glinka, said “This has been a devastating loss to Zoe Rosenthal’s family and to the community of friends and colleagues who adored her.”

And Benjamin Novotny, another attorney, said in a phone call that though the jury award could not bring Zoe Rosenthal back, “It can help [her daughters] establish scholarships or other memorials in her name so that’s she’s not forgotten.”

The remainder of the article can be found here: https://www.gazettenet.com/Holyoke-family-awarded-$7-million-in-wrongful-death-suit-40155422

Additional articles referencing this case:

https://blog.cvn.com/9.5m-awarded-at-in-person-wrongful-death-trial-to-children-of-pedestrian-killed-in-crosswalk

https://www.legalreader.com/massachusetts-family-receives-7m-wrongful-death-settlement/

Courtney Rowley 2020 CAALA Trial Lawyer of the Year Nominee

Courtney Rowley 2020 CAALA Trial Lawyer of the Year Nominee

Trial Lawyer Courtney Rowley has been nominated for the 2020 CAALA Trial Lawyer of the Year Award. The CAALA Trial Lawyer of the Year Award is one of the most significant honors bestowed upon a civil trial lawyer and highlights those who have shown exceptional trial skills and achieved unmatched victories on behalf of injury victims and families.  It is also an award that recognizes a lawyer’s contribution to the profession and long-time dedication to the jury trial method of achieving civil justice. Very few top trial lawyers are nominated for this recognition and most work their entire.

Family files lawsuit against University of Iowa after 18-year-old

Family files lawsuit against University of Iowa after 18-year-old

The mother of Cedar Rapids’ Gerald Michael Belz, an 18-year-old University of Iowa student who froze to death during a polar vortex in January 2019, filed a wrongful death lawsuit against the university on Wednesday.

Belz’s estate is suing the university for negligence. According to the lawsuit, the university locked exterior doors to the building where Belz lived, preventing anyone from entering the building’s vestibules without their student ID, and failing to alert residents of the change or post personnel at the entrances who might have rendered aid.

On the night of Tuesday, Jan. 29, 2019, Iowa City faced a wind chill of 51 degrees below zero. The extreme weather led the university to cancel classes the next day.

Belz was found unresponsive at 2:48 a.m. behind Halsey Hall the next morning by UI Police. He lived a six-minute walk away, in Burge Hall.

According to a Feb. 15 news release, the university and the Johnson County Medical Examiner Department ruled his death an accident.

In the lawsuit, prepared by Trial Lawyers for Justice, an Iowa-based firm that specializes in wrongful deaths, the estate alleges the university contributed to Belz’s death in changing its normal practices.

Burge Hall, according to suit, has four entrances, each with an exterior and interior door. While the interior door normally remains locked and requires a student ID to open, the exterior doors remain unlocked at all times. On a cold night like Jan. 29, this would have allowed people access to the heated vestibule even if they did not have an ID card to open the interior door.

According to the filing, the UI locked the exterior doors to the residence hall’s Clinton Street entrance to prevent pipes from freezing in the vestibule. The suit alleges that, without notice to residents, the UI locked the building’s other three entrances, as well, preventing access to the vestibule area without an ID card.

“The University’s decision to lock the exterior doors created a situation in which no one, including residents of Burge Hall, was able to gain entrance to the heated vestibule areas of the building without a University ID card,” the suit reads. The UI could have posted security guards or other personnel at the entrances to offer assistance. “As a result, even residents of Burge Hall did not have the ability to alert anyone inside the dormitory that they needed help entering the building.”

According to the lawsuit, surveillance video from at 1:09 a.m. on Jan. 30, 2019, captured Belz knocking on one of the residence hall’s entrances, unable to get anyone’s attention to let him in.

University spokesperson Hayley Bruce declined to comment on the pending litigation when reached by the Press-Citizen on Friday.

Article Source: https://www.press-citizen.com/story/news/education/university-of-iowa/2020/08/07/university-iowa-student-froze-death-family-files-wrongful-death-lawsuit/3319878001/