Case Outcomes

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$6.375 Million Settlement - Man Suffers Multiple Injuries when an Unsecured Steel Mold Struck his Car

March 2, 2017

Congratulations to Ron C. McCallum, Esq. Jeffrey Simon, Esq. and John Hallman, Esq. of Simon Greenstone Panatier Bartlett, PC, in Dallas, Texas for the $6,375,000.00 settlement they obtained on behalf of their client, who was a passenger when the vehicle he was travelling in struck an unsecured stainless steel fixture used to mold plastic automotive parts. The mold fell off a flatbed work truck. The Plaintiff suffered multiple life changing injuries, which ultimately rendered him totally and permanently disabled. His injuries destroyed any future career opportunities. Prior to his injuries, he worked in the field of high-end trim carpentry in the north Dallas area.

The Plaintiff and his wife were driving to pick up their daughter from college when the Defendant conducted an unsafe and hazardous U-turn in front of the Plaintiff’s vehicle, causing the unsecured mold to slide and fall off a company owned C2500 Heavy-Duty flatbed pickup, landing directly in the Plaintiff’s pathway. With no warning and no time to take evasive action to avoid hitting the mold, the Plaintiff’s vehicle slammed into it. The collision was so forceful that it projected their vehicle through the air, and they were slammed to the ground.

Immediately after the collision, the Plaintiff was taken by EMS to the University Medical Center where he was treated and released with a diagnosis of acute lumbar sprain/strain. He received physical therapy three times per week, but as time progressed, the Plaintiff’s pain did not subside but instead continued to worsen. He then underwent an MRI of the lumbar spine, which revealed: a mild-to-moderate superior compression fracture of the L1; a linear fracture line along the superior L1 endplate; a 2mm disc bulge at L4-5; and a 3mm annular disc bulge with an annular tear at L4-5.

The Plaintiff underwent cervical and lumbar ESIs and facet injections. A cervical anterior discectomy and interbody arthrodesis fusion to the C4-C6 was performed. A second surgery was performed: a bilateral laminectomy and foraminotomy & poteriolateral fusion with autograft and allograft of the L5-S1. Due to the severities of his injuries, the Plaintiff had to undergo a third surgery: a 360 fusion along with a revision of the lumbar procedure. It was noted that it is highly likely that he will need additional surgeries in the future and possibly long-term aid.

Mr. McCallum argued that the company vehicle was equipped with safety straps. However, the employees intentionally elected not to use them. The Defendant, as an employer with many years of service in the industry, knew or should have known to follow their own safety rules as well as the rules of the road when it comes to cargo securement. Mr. McCallum developed strong evidence that the Defendants violated Texas State Law, among other safety rules and regulations that are intended to protect the public against harm.

At the third mediation on October 28, 2016, the Defendants made a final settlement offer of $4,000,000.00. With the Defendant’s facing almost certain submission to the Jury on both ordinary and gross negligence claims, a compromise was reached on the eve of trial wherein the case resolved for 6,375,000.00. Simon Greenstone Panatier Bartlett, PC partnered with MediVisuals to develop multiple illustrations of the Plaintiff’s injuries and surgical procedures.

Featured Attorneys

Ron C. McCallum, Esq.

Jeffrey Simon, Esq.

John Hallman, Esq.

Simon Greenstone Panatier Bartlett, PC

Call: (214) 276.7680



3232 McKinney Avenue Suite 610

Dallas, Texas


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