Clark v. EFCO Corp.

A chain of events, beginning with a driver who struck the right side of a semi-tractor-trailer while attempting to pass on the right shoulder of I-70 eastbound in a construction zone, led to injury and devastation for our clients, the Clark family. After the semi-tractor trailer was struck, it lost control, crossed the westbound lane of I-70, and collided with Byron Clark’s vehicle, causing Byron to collide with George Clark, who was operating a vehicle just behind Byron. Byron’s wife was killed, and Byron and his two children were injured. Investigation into the accident revealed that the defendant trucking company has insufficiently equipped the truck for safe operation and had failed to train its drivers adequately.

Tabor Law Firm helped Byron recover an amount from defendants for the loss of his wife and the injuries to him and his children. In addition, George Clark, Byron’s father, was injured. Tabor Law Firm also represented George and helped him reach a settlement with Defendants.

Gwinn v. M and D Transfer, LLC

On September 2, 2004, Trooper Brian Gwinn of Indiana State Police was operating his vehicle northbound on Wilbur Wright Road. At the same time and place, Alanna Livingston of M and D Transfer, was operating a semi tractor southbound on Wilbur Wright Road, and attempted to make a left hand turn into a truck stop facility. Alanna Livingston failed to yield the right-of-way to Trooper Gwinn and turned directly into his path causing a serious collision to ensue. Trooper Gwinn, who was trapped in his vehicle, was pulled from his vehicle just as it burst into flames.

As a result of this collision, Trooper Gwinn sustained a number of injuries including, but not limited to a displaced bimalleolar ankle fracture with dislocation on the right requiring open reduction and internal fixation, left pleural effusion requiring drainage, two fracture blisters, multiple abrasions to his bilateral upper extremities, chest wall contusion, left shoulder contusion and right ankle abrasion. Brian was unable to work for approximately twenty-four (24) weeks. He returned to work on limited duty and it was unknown when or if he would return to full line of duty work. As a result of the injuries Trooper Gwinn sustained, his wife, Hope Gwinn, lost time from work. Further, Mr. Gwinn’s injuries required Hope to assume responsibility for additional household duties and the care of their children.

Tabor Law Firm was able to assist Brian and Hope Gwinn in obtaining a six figure recovery from the Defendants that would help Brian with his past and future medical expense, compensate him for lost wages due to his injuries and afford him and his family some well deserved financial security.

Foxworthy v. Landis & GYR Metering Inc., and Barth Electric Co., Inc.

James Foxworthy was an employee of the Indianapolis Power and Light Company. As part of his employment duties, he was required to work with an electric meter box with a metal bracket at a shopping mall located at 5755 East 86th Street, in Indianapolis, Indiana. While Mr. Foxworthy was working with the electric meter box, the metal bracket came lose from the meter cabinet. The metal bracket fell into the live, energized electrical meter block, created an electrical explosion and fire, and caused serious and permanent injury to James Foxworthy.

The electric meter box with a metal bracket was designed, manufactured, sold and placed into the stream of commerce by the defendant Landis & Gyr Metering, Inc. Mr. Foxworthy sustained thermal burns to 15% of his body. He sustained second degree burns to his face, hands, back, neck and right forearm; and third degree burns to the left arm, abdomen, and right rib area. Mr. Foxworthy incurred large medical expenses as well as lost wages.

Tabor Law Firm was able to help the Foxworthy family reach a six figure settlement.

McBee v. Metropolitan School District

Antonio McBee, a 17-year-old North Central High School student, was crossing Michigan Road on the west side of Indianapolis in order to board his school bus, when a vehicle struck him. After Antonio was struck, students boarding the bus informed the school bus driver of the accident, yet despite this information the bus driver left the scene of the accident, and did not attempt to call for any medical assistance.

Additionally, prior to the accident, Antonio’s bus driver unilaterally modified the designated bus route, which then required Antonio to cross Michigan Road from the west to east in order to board the bus. Prior to the route modification by his bus driver, Antonio was picked up directly in front of his home so that he would not have to cross any streets in order to board the bus. This was extremely important in Antonio’s case as he is a disabled student—he lost his leg to cancer when he was ten years old.

As a direct result of this accident, Antonio sustained permanent and life altering injuries, including a disfiguring injury to his one remaining leg.

Tabor Law Firm successfully represented Antonio and his mother in filing a claim against the school bus driver, the Metropolitan School District of Washington Township and the vehicle operator that struck him. A significant settlement was reached for Antonio and his mother.

Tabor Law Firm has the experience and knowledge you need in handling school bus accidents and injuries. If you or someone you know has been injured due to school bus transportation, contact us for your free consultation.

Traversa v. Torma and Hy-Tech Automation, Inc.

On June 7, 2006, sixteen year old (16) Kayla Traversa was a pedestrian walking westbound on U.S. 6 on the gravel shoulder, while her friend walked beside her in the grassy area. Kayla and her friend were lawfully walking along the shoulder of U.S. 6. At the same time and place, Patrick Torma was operating a large, F350 westbound on U.S. 6 toward Walkerton at or near the location where Kayla was lawfully walking on the shoulder. The F350 was registered to Hy-Tech Automation, a business owned by Mr. Torma. As Mr. Torma’s truck approached the girls from behind, Kayla’s friend instinctively looked back to see the approaching vehicle coming toward them at a high rate of speed. At that time, Mr. Torma was looking over his right shoulder into the backseat. His truck veered rapidly north of the shoulder’s fog line toward the girls. Before Kayla or her friend could take any evasive action, Mr. Torma’s truck struck Kayla. The force of the impact caused Kayla’s body to be thrown approximately 5 feet from the pavement’s edge. Kayla Traversa died as a result of this incident.

Kayla’s parents, Thomas Traversa and Chana Mikel, sought representation from Tabor Law Firm in a wrongful death action against Patrick Torma and Hy Tech Automation, Inc. With the assistance of Tabor Law Firm, Kayla’s parents were able to procure a settlement that allowed them to pay for her medical bills, funeral, burial, administration of Kayla’s estate and compensated them for their devastating loss.

Perez v. “Anonymous Trash Service”

Our clients, Jose Patricio, Luis Barrera, Leticia Antunez, Christopher Pezer, a 3-year old child, and Denice Barrera, an infant, were occupying a Honda Accord which was stopped for a red light on South Harding Street in Indianapolis when a semi tractor and flat bed truck being driven by an employee of an anonymous trash service slammed into the rear of the Honda at a speed of 40 miles per hour. Our clients’ vehicle was crushed by the weight of the 70,000 pound trash truck. Christopher, the three-year-old, was the most seriously injured, suffering a traumatic brain injury among other injuries. Tabor Law Firm represented and assisted the victims of this crash in obtaining a settlement with the anonymous trash service, including a seven-figure settlement for Christopher.

Brown v. ADM Trucking, Inc.

Our client, Marcus Brown, sustained serous, permanent, and disfiguring injuries when a semi-tractor trailer slammed into his motorcycle on southbound I-465 in Indianapolis. The evidence from the accident showed that the driver of the semi-tractor trailer was following Marcus too closely and was unlawfully attempting to pass Marcus in the left lane. As an Indiana state trooper, an occupation that requires exceptional physical fitness and strength, Marcus’s injuries were especially devastating.

Tabor Law Firm was able to assist Marcus in obtaining a recovery from Defendants that will help him with his past and future medical expenses, as well as compensate him for wage losses due to his injuries.

Jessee v. Anonymous Trucking Company

The plaintiff was operating his motorcycle northbound on Pendleton Avenue at the entrance ramp to I-69 in Indianapolis, Indiana. At the same time, Defendant Marvin T. Jessee, in the scope of his employment, was operating a pick-up truck and trailer southbound on Pendleton Avenue. Marvin Jessee attempted a sudden left-hand turn and drove into the northbound lane of Pendleton Avenue, directly into the path of the plaintiff.

A collision ensued and the plaintiff was forcibly thrown into and against the windshield of Marvin Jessee’s truck. As a result of this collision, the plaintiff sustained serious, life-threatening and permanent injuries including dislocation and fracture of his left arm, torn ligaments in his left arm, fractured left thumb, multiple fractures of his right arm, lacerations to his hands and arms, closed head injury, lacerations to his eyelid and both his left and right legs, lacerations to his left thigh, a staph infection and an injury to his anterior cruciate ligament.

Due to his injuries, the plaintiff missed several months of work. Tabor represented both the Plaintiff and his wife, and assisted them in obtaining close to a seven-figure settlement with Defendants.

Engel v. Anonymous Defendant

On November 16, 2001, Donald Engle was invited by an acquaintance to stay at a cabin. The main floor of the cabin had a common area and a kitchen with a concrete floor. There was a second level sleeping loft above the common area and kitchen. Early in the evening, Donald Engel went upstairs into the loft to sleep. Later that evening, Donald was found lying on the concrete floor of the kitchen. Donald had fallen from the loft and sustained a severe, traumatic brain injury ultimately leading to his death.

The Defendant vigorously defended the case by attempting to place fault on Donald Engle due to the fact that he had consumed alcohol prior to the accident.

Tabor Law Firm represented Donald Engle’s wife in an action for his wrongful death, established fault on the Defendant, and assisted Mrs. Engle’s in recovering a seven-figure amount from the Defendant.

Mata v. Indiana Public Transportation Corp., Indianapolis Public Transportation Corp., E & B Paving, Inc., Tri-Mack Corp., City of Indianapolis and Indiana Department of Transportation

On October 21, 2009, Santos Santiago Mata was riding his bicycle southbound towards Indianapolis on a sidewalk on the east side of Meridian Street. After he crossed the intersection of Meridian and 29th Street, a large “Road Construction Ahead” sign obstructed the sidewalk upon which he was riding. The sign took up most of available sidewalk. Santos attempted to ride past the sign but had very little room to ride in. Santo’s bike came in contact with something at the base of or on the sign and his bike started to wobble. Santos lost his balance and leaned towards the left. The front of his bike went partially into the street.

As Santos continued to travel southbound a bus was traveling southbound in the right curb lane of Meridian Street. The bus stopped at the intersection of Meridian and 29th and then proceeded slowly. As the bus pulled forward, the bike and the front passenger side bumper of the bus collided. Santo’s head was crushed under the bus wheel. Santos was killed as a result of this collision. Santos Santiago Mata left behind four minor children.

Tabor Law firm represented the Estate of Santos Santiago Mata and filed a Complaint For Damages against Indiana Public Transportation Corporation, Indianapolis Public Transportation Corporation, E & B Paving, Inc., Tri-Mack Corporation, City of Indianapolis and Indiana Department of Transportation. The complaint stated The State of Indiana and the Indiana Department of Transportation had jurisdiction and control over Meridian Street for the purposes of a road reconstruction and resurfacing construction project. E & B Paving was the contractor engaged to carry out the resurfacing project. E & B Paving subcontracted with Tri Mack for the provision, erection, servicing and removal of construction signs including the sign at issue.

Defendants, Tri-Mack, E & B Paving and the State/INDOT were all responsible for the installation, inspection, maintenance and removal of the sign, and for the safety of the public. The City was also responsible for the condition of the sidewalks. With the assistance of Tabor Law Firm, The Estate of Santos Santiago Mata was able to procure a settlement that allowed Santo’s children financial security and helped compensate them for their devastating loss.

Lofton v. McKee and Rogers Trucking, Inc.

Kevin Lofton sustained massive injuries and died after an oversized semi-tractor trailer traveling westbound and being operated by an employee of Rogers Trucking hit the tanker truck he was operating eastbound on Kentucky Road 80 in Adair County, Kentucky nearly head-on. An investigation of the accident revealed that the trailer being pulled by Rogers Trucking was too wide for Kentucky Road 80, and in fact, such sized trailers were prohibited from traveling on the road.

If Rogers Trucking had followed the regulation, the accident would have been avoided Through representation by Tabor Law Firm, Kevin’s wife and two minor children were able to recover an almost seven-figure settlement from Defendants, excluding costs and attorney’s fees.