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Noteworthy Cases and Settlements

Keith Weidner represented a gentleman for claims of civil rights violations involving the use of excessive force by a local law enforcement officer.  The claim involved a man who had asked his neighbor to call deputies to his home because of an incident with his adult stepchild that was threatening to turn violent.  The deputy arrived and proceeded to tase the stepfather, handcuff him, and then tase him again.  More deputies appeared on the scene, and the man was verbally and physically assaulted by the deputies while restrained.  The man also suffered racial harassment in his community after he was cleared of the criminal charges.  Suit was filed against the law enforcement agency and the deputies involved in the tasings and assaults.  Both claims resulted in confidential settlements right before trial.

Phillip Warren recently negotiated a favorable settlement for a woman who suffered damage to her home from Hurricane Ivan.  Although she made a timely claim and was paid for a portion of her losses, the insurance company refused to properly compensate her for the value of her home contents although she had adequate policy coverage available to her.  Mr. Warren filed suit to force the insurance company to consider her supplemental claim for losses, and she was ultimately compensated in full.

In 2002, a young woman filed for Social Security Disability benefits because she could no longer work due to debilitating migraines, depression, degenerative disc disease, and vision problems.  Her application was denied at the hearing level in 2005, and again by the appeals council in 2007.  Stephanie Taylor filed a lawsuit in the United States Federal Court, and with the assistance of Blythe Glemming, a petition was filed asking the Court to reverse the Social Security Administration’s denial of benefits for this claimant.  Based on the medical testimony of her physicians, and the evidence of her inability to work from her former employers, the Court reversed the previous decision of the Social Security Administration this past summer.  She has now been awarded full disability benefits.

TWW recently settled a case that arose out of excessive force by an Escambia County Sheriff’s Deputy.  Our 19 year old male client, walking in his neighborhood, was stopped and questioned by a deputy on routine patrol.  Feeling threatened by the officer’s aggressive tone, our client ran towards his home and towards the presence of witnesses.  The deputy chased our client and caught him in an adjacent yard where he proceeded to punch and batter the young man after he surrendered.  The entire incident was caught on the deputy’s in car patrol camera and can be seen online at : www.youtube.com/watch?v=6sCcUToejzc&feature=channel_page . Although the young man was arrested, he was not charged with any crime, and in fact; was quickly escorted home by a supervisor at the Sheriff’s department.  The deputy in question alleged that the force applied was reasonable and necessary.  Plaintiff adamantly disputed that need for any force.  After many months of aggressive litigation, Keith Weidner was able to secure a fair settlement for our client prior to trial in Federal Court.

TWW resolved an insurance claim which began with a leaking roof.  The insurer made payment for the roof; however, the amount of funds released to the homeowner was inadequate to repair the damage.  As a result, the homeowner’s entire roof collapsed, and her home and personal property were severely damaged.  In fact, the home was rendered inhabitable by the city’s code enforcement board due to the growth of toxic mold and the significant structural damage.  Nevertheless, the insurer refused payment to the homeowner for her losses, including the additional living expenses she incurred by moving her family out of the residence.  Phillip Warren filed suit against the insurer and after extensive litigation was able to negotiate a settlement that included payment for the policy limit of the home as well as payment for the homeowner’s other losses including attorney’s fees and costs.   With these settlement funds, our client was finally able to demolish this dangerous structure.  Now, she can move forward in replacing her personal belongings, and rebuilding not just a house, but her family’s home.

TWW recently received a favorable ruling after filing suit in Federal Court for a client who had been denied Social Security Disability benefits.  The claimant, a forty year old woman, first filed for benefits in 2000 relative to disabling depression and physical impairments which prevented her from maintaining employment.  She was denied at each appellate level and Stephanie Taylor first sought relief for our client in Federal Court in 2002.  At that time, the Federal Court judge affirmed the decision of the Social Security Administration, and Ms. Taylor filed a new application with Social Security on behalf of our client.  Again, this application for benefits was denied through each stage of the administrative process, and in 2007, Ms. Taylor filed a second lawsuit in Federal Court requesting that the Judge overturn the previous determinations of the Social Security Administration and find the claimant entitled to benefits.  Along with Blythe Glemming, Ms. Taylor conducted exhaustive research and compiled indisputable medical evidence proving that our client suffered from disabling depression which made it impossible for her to work.  As a result, the Federal Court reversed the decision of the Social Security Administration in April 2008 and determined that our client be found disabled as of 2002 and entitled to all benefits owed to her since 2002.  We are hopeful that with this award, our client can spend more time taking care of herself and less time worrying about paying her utility bills.

In May of 2007, an eighty-seven year old Georgia woman was visiting her son in our local area.  Along with her family, the woman visited a local raceway on a busy Friday night.  Upon entering the event, the woman’s left foot and leg fell into one of many large holes located directly in front of the public seating area.  As a result, she suffered significant injuries to her left leg, right shoulder and right hand and was incapacitated for over three months.  She had to remain in the area during this time and under the care of her family.  Phillip Warren represented this grandmother against the raceway for her injuries and its negligence by failing to repair or warn the public about the hazardous holes in the sidewalk.  Witnesses testified that the racetrack was warned about this dangerous condition prior to this incident, but failed to correct it.  Mr. Warren successfully resolved the claim a few months before trial by obtaining a fair settlement for this client.  As a direct result of this litigation, the raceway has since repaired all of the hazardous conditions and TWW remains hopeful that no one else will sustain an injury like the one suffered by our client.

A gentleman, employed by a trucking company and working onsite a large industrial plant sought representation from TWW after he sustained serious injuries to his back, leg, shoulder, and face when his tractor-trailer mysteriously tipped over.  The cause of the accident was severely disputed by the industrial plant and it took extreme measures to prevent TWW from gaining access to the evidence to necessary to determine the cause of the truck accident.  Ultimately, TWW was able to gain access to the plant and the equipment involved in the rollover and, along with experts retained by TWW, made a determination that entities other than the our client were responsible for causing the trailer to rollover.  Keith Weidner and Stephanie Taylor filed suit and demanded that our client be compensated for the injuries caused by the negligence of others.  Trucking experts on both sides presented opinions and theories as to how the incident occurred and who should be held responsible for our client’s injuries.  In the end, TWW was able to secure a confidential settlement which would allow the injured family to be compensated for the significant impact this accident had on their lives.

Stephanie Taylor advocated for a gentleman who was diagnosed with an organic brain disorder and was unable to work.  This client was insured by a policy of long term disability insurance through his employer.  Ms. Taylor was able to compile the medical evidence necessary to prove his inability to work, and his eligibility for disability benefits under the policy.  After some period of time, the insurance company took our client’s case under review and determined that he was no longer disabled and eliminated his benefits.  Again, Ms. Taylor represented this gentleman against the insurance company for their arbitrary assessment of his condition.  In effect, although our client’s condition was a permanent physical impairment in his brain, the insurance company decided that it was no longer disabling despite his treating physicians’ medical opinions.  This determination was also made despite the insurance company’s previous decision that our client was in fact disabled.  Ms. Taylor filed suit against the insurer for the discontinuation of his benefits, and one month later, the insurance company reinstated his benefits and refunded our client the benefits that had been withheld.  TWW continues to monitor this claim and our other disability claims in order to ensure that benefits continue for our clients who have already jumped through enough hoops to prove their entitlement.

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