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Previous SCI Settlements
Below is a small sampling of the cases and the
settlements that Ron Gilbert has achieved for his SCI clients.
Case #1
Plaintiff went off a diving board into a residential backyard
pool. Because of the defective condition of the NSPI Standards as it relates to
backyard pools and diving boards, Plaintiff hit the "quad wall." The
"quad wall" is the slope where the pool goes from the deep end to the shallow
end. Unfortunately, the distance from the end of the diving board to the
beginning of the "quad wall" is inadequate. As a result, Plaintiff was a
C-2 quadriplegic and on a ventilator. Unfortunately, Plaintiff died exactly six
months after the date of his accident due to problems secondary to his spinal cord
injury. A claim was made by his estate against both the organization that wrote the
standards for residential backyard pools as well as the pool liner company.
Unfortunately, the diving board manufacturer went bankrupt a long time ago. A
seven-figure recovery was made on behalf of Plaintiff's estate which included his widow
and children. This case was handled by Attorney Ronald R. Gilbert in the State of
New Jersey.
Case #2
Plaintiff was 16 years old at the time. Plaintiff was
bouncing on a backyard trampoline. Due to the defective design of the trampoline,
Plaintiff lost his balance and went off the trampoline and came down on his head hitting
the ground. As a result, Plaintiff was a C-4 quadriplegic. Although the
product itself was destroyed, Plaintiff was able to trace the manufacturer of the product
through the purchase at the retail outlet which sold the Defendant's trampolines
exclusively. A lawsuit was brought in Federal District Court in South
Carolina. A seven-figure settlement was made on behalf of Plaintiff by Attorney
Ronald R. Gilbert. A special needs trust was set up to provide Plaintiff adequate
medical care for the rest of his life.
Case #3
Plaintiff was a passenger in a vehicle being driven by her
sister. The vehicle was a Ford Explorer. Another vehicle swerved causing the
driver of Plaintiff's vehicle to swerve to the left and then back to the right. This
is a typical "over-steering" that occurs with Ford Explorer products and has
been long known by the Ford Motor Company. As a result, Plaintiff was a C-4
quadriplegic. A claim was made against Ford Motor Company in the Federal District
Court in Texas. Ronald R. Gilbert was able to obtain a seven-figure settlement for
Plaintiff.
Case #4
Plaintiff was 17 years old, and on the day before his first day
of his senior year at high school started, he was bouncing on a backyard trampoline which
had a "Safety Enclosure" around it. Because the product had an enclosure
around it which was named by the manufacturer as a "Safety Enclosure," both
Plaintiff and his parents felt that the trampoline was "safe."
Unfortunately, due to the defective design of the trampoline, as well as the misleading
information that the trampoline had a "Safety Enclosure," Plaintiff believed
that it was safe to do flips and somersaults on the trampoline. This was a backyard
14 foot round trampoline. Hundreds of thousands of these products are sold each
year. Unfortunately, Plaintiff came down on his head when he tried to execute a back
flip which he had executed hundreds of times before. As a result, he was a C-4
quadriplegic. A middle six-figure settlement was obtained by Ronald R. Gilbert on
behalf of Plaintiff against the manufacturer of the trampoline and the manufacturer of the
"Safety Enclosure." The case was litigated in State Court in the State of
Maryland.
Case #5
A 17 year old Plaintiff and several of his friends, some
of whom were also 17, met at a shopping mall. Plaintiff and his friends had obtained
liquor from a source. They planned to go to a motel room and just hang out and have
a good time. Plaintiff and his friends went to one motel room which refused to rent
to them because they were obviously underage and there was adequate evidence that they
either were drinking or intended to have a party, including drinking of liquor.
Plaintiff and his friends went to Defendant motel which readily rented a room to Plaintiff
and his friends. Although the person registering for the room was 18, Plaintiff's
claim was that the motel should also have met the "industry standards" and
refuse to rent the room due to the obvious age and what should have been obvious drinking
on the part of the person that registered for the room. This case is presently
pending in State Court in the State of New Jersey. One of the people that came to
the motel room for the party had a hand gun with him. That individual claimed that
the hand gun accidentally went off. As a result, Plaintiff was shot and is a T-10
paraplegic permanently paralyzed. Claim is made against the premises liability
Defendant, the motel that did the renting and their insurance carrier. The case is
currently being handled by Attorney Ronald R. Gilbert.
Case #6
Plaintiff and a number of her friends rented a 14 person van
from a car rental company in the State of California. The driver of the vehicle lost
control of the vehicle when going through mountains and curves in the State of
California. As a result, the vehicle rolled. Unfortunately, Plaintiff became a
C-4 quadriplegic as a result. Claim was made against the manufacturer of the vehicle
for defective design on the vehicle and also against the rental agency who should have
known better than to rent this type of vehicle. The vehicle had a history of control
easily being lost by the driver. Other catastrophic injuries had occurred with the
same type of vehicle. The claim was made in California State Court, and a
seven-figure settlement resulted. Plaintiff, a C-4 quadriplegic, was able to set up
a special needs trust to provide adequate medical care for her for the rest of her life.
Case #7
Plaintiff and her friend were 14 years old. Two young men
who were 20 and 21 enticed Plaintiff and her friend to go to Defendant's grandmother's
house. One of the Defendants then enticed Plaintiff and her friend to drive their
vehicle while they drove Defendant's grandmother's vehicle which was a Jaguar. The
Defendant driver was driving at high rates of speed in an area which had hills and
curves. After the vehicle, which Plaintiff and her friend were in, disappeared from
their view, Defendants went back to the scene. Plaintiff and her friend had lost
control of the vehicle and incurred a serious accident. Defendant's friend died at
the scene. Plaintiff was rendered a C-4 quadriplegic. Claim was made against
the driver's insurance company as well as the insurance company for his grandmother.
The insurance company refused to offer the nominal policy limits of $50,000.
Plaintiff then filed suit against the driver, the driver's grandmother, and against the
insurance company which refused to offer their policy limits immediately. This is
called a "bad faith claim" against an insurance company which is allowed in the
State of California. A settlement was reached in the high six-figure number. A
special needs trust was set up for Plaintiff to provide her future medical care. The
case was handled by Attorney Ronald R. Gilbert.
Case #8
Plaintiff was two years old. Plaintiff's parents had
a backyard pool and purchased a solar cover. Plaintiff wandered into the
backyard and was enticed into the pool. It is well known by the manufacturers of
solar covers that they not only attract children, but that the children believe they can
walk on the solar cover. The Plaintiff's parents noticed that Plaintiff was
missing. They immediately went to the backyard pool and got into the pool and
rescued Plaintiff. Unfortunately, because he was under water for several minutes,
Plaintiff suffered permanent and profound brain injury. Plaintiff needed constant
medical care for the rest of his life. A lawsuit was filed against the manufacturer
of the solar cover in State Court in Oregon. The case was handled by Attorney Ronald
R. Gilbert who obtained a significant seven-figure settlement for Plaintiff. A
special needs trust was set up for Plaintiff so that he could have adequate medical care
for the rest of his life, even after his parents were deceased.
Case #9
Plaintiff was a junior in high school. Plaintiff was on
the swim team. In the early morning when the swim team was practicing, Plaintiff was
practicing going off the starting block and swimming laps. Plaintiff went off the
starting block which was located in three and a half feet of water. Unfortunately,
Plaintiff contacted the bottom of the pool and was rendered a C-4 quadriplegic. It
was well known by both high schools throughout the United States as well as the
manufacturer of the starting block that these types of injuries had resulted, especially
to high school swimmers. Over 25 cases resulting in quadriplegia were documented in
discovery in the case. Plaintiff made claim against the school district, the
manufacturer of the starting block, and the local state and federal high school athletic
association. The National High School Athletic Association had long known that three
and a half feet of water was not an adequate depth for high school swimmers to dive into
off a starting block. Ronald R. Gilbert obtained a high six-figure settlement
against Defendants and set up both a structured settlement and a special needs trust for
Plaintiff to provide adequate future medical care.
Case #10
Plaintiff in this case was a deaf mute before he suffered a
spinal cord injury. He was swimming in the pool at the apartment complex where he
lived with a number of other deaf mute persons. He did a back flip into the pool and
ended up striking his head on the bottom and became a C-4 quadriplegic. In addition to
being paralyzed, Plaintiff was unable to do sign language because of the loss of the use
of his upper extremities. The only way he could communicate is through lip
reading. A claim was made against the apartment complex for lack of adequate
supervision and lack of adequate warnings. Fortunately, the apartment complex had
adequate insurance coverage. Ronald R. Gilbert made a seven-figure recovery for this
unfortunate spinal cord injured person who was also a deaf mute before his accident.
A special needs trust was set up to insure his future adequate medical care. The
case was filed in State Court in Florida.
Ron Gilbert is an attorney that specializes in spinal
cord injury cases, having helped victims in 35 states. Because many of his clients cannot
easily travel, Ron Gilbert visits each personally, providing support, information and
referrals to help his clients in all aspects of their lives. If you have questions
regarding your legal options or the selection of an attorney, Ron Gilbert will provide you
with free professional counsel based on his nearly 20 years of experience with these types
of cases. He can be reached toll free at 1-800-342-0330 or by email at ron@sci-law.net
© 2006 - 2011, Spinal Cord Injury Law. Last
Edit 8/26/2011
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