RECENT $10,000,000.00 VERDICT AGAINST AN INSURANCE COMPANY FOR BAD FAITH
Cox v. Personal Service Insurance Company, (Belmont County, Ohio, 2012) - Bad Faith Insurance Practices, Failure to Defend/Indemnify, Verdict, Punitive Damages
A Belmont County, Ohio, jury returned a verdict of $10,000,000.00 in a bad faith insurance case against Personal Service Insurance Company on January 26th, 2012. The case was tried by Jamie Bordas. The insurance company had refused to defend or indemnify Bordas & Bordas' client in a car wreck case, despite having issued a policy that was legally in force on the day of the wreck. Because the insurance company abandoned its insured and refused to settle, he was subjected to a large civil judgment as well as significant aggravation over years of litigation against him. The jury found that the insurance company acted with malice and intent, justifying a substantial award of punitive damages as well. The case was a significant victory for Belmont County residents, and Ohioans generally, as it ensures that insurance companies will think twice before walking away from their customers and injured victims in need. Scott Blass was also intimately involved in the handling of the case, defending the underlying tort action and served as a witness at trial. The victims of the wreck, the Bigler family, were very ably represented at trial by Harry White of St. Clairsville.
RECENT VERDICT AGAINST OHIO POWER COMPANY AND AEP SERVICE CORPORATION
Timmons v. Ohio Power Company and American Electric Power Service Corporation, (Marshall County, W.Va., 2011) - Negligence, Utility Company Liability, Explosion, Verdict, Punitive Damages
A Marshall County, West Virginia jury returned a verdict of $6,998,940.00 to the family of a Tyler County, West Virginia man, Lewis Timmons who was killed as a result of an explosion at an AEP plant in Beverly, Ohio on January 8, 2007. The jury found that the negligence of AEP Service Corporation and its subsidiary, Ohio Power Company, resulted in Timmons' death. The family's attorney, Geoffrey Brown, of the Wheeling, WV law firm of Bordas & Bordas, PLLC commented following the verdict, "When large corporations don't do things responsibly, they run the risk that someone is going to be seriously hurt or killed. Tragically, in this case, that person was Mr. Timmons. Hopefully, this jury's verdict will cause other companies to think twice in the future before choosing to ignore safety issues at their facilities." The verdict included nearly $2,000,000.00 in compensatory damages and $5,000,000.00 in punitive damages and the jury found that the Plaintiff is also entitled to attorney's fees.
This case followed the June verdict returned by a Washington County, Ohio jury in the amount of nearly $5.7 million to Drumand McLaughlin of Caldwell, Ohio who sustained injuries in the same explosion. McLaughlin was also represented by Bordas & Bordas and the Windom law firm. Regan stated, "Two juries have now found that AEP acted with conscious disregard for human life in this case. Nonetheless, AEP continues to try to evade responsibility and claim that no matter how bad its behavior, it owes nothing to the victims and should face no punishment. We disagree."
RECENT VERDICT AGAINST OHIO POWER COMPANY
McLaughlin v. Ohio Power Company et al., (Washington County, Ohio, 2011) - Deliberate Intent, Workplace Injury, Gas Explosion, Verdict
In this action under Ohio's "deliberate intent" statute, a Washington County jury found Ohio Power Company liable for serious injuries sustained by one of its workers, Drumand McLaughlin, in a hydrogen explosion. The jury awarded $5,671,000.00, including $4,000,000.00 in punitive damages after a ten-day trial. Evidence showed the company had multiple prior explosions and failed to fix the problem before McLaughlin was hurt. The company denied all wrongdoing and made no attempt to resolve the case short of trial, requiring a jury proceeding to settle the matter. The jury also added attorney's fees to be later determined by the Court. Bordas & Bordas attorney Geoff Brown acted as lead counsel at trial and was assisted by Chris Regan as well as Bordas & Bordas co-counsel, Rod and Scott Windom. The case was defended by Brian Swiger of Jackson & Kelly, PLLC out of Charleston, W.Va. Click here to read a press account of the case.
RECENT VERDICT AGAINST NATIONAL MORTGAGE LENDER
Brown v. Quicken Loans, Lender Liability, Mortgage Fraud, (Ohio County, 2011) - Verdict, $2,700,000
Attorneys Jim Bordas and Jason Causey took on a large national lender, Quicken Loans, in the matter styled Brown v. Quicken Loans, Inc., et. al. The case began when Bordas and Bordas set out to defend Lourie Jefferson and Monique Brown from foreclosure proceedings initiated by their mortgage lender, Quicken Loans. During the course of this defense, Bordas & Bordas discovered abusive and predatory conduct on the part of Quicken Loans. Bordas & Bordas filed a twelve-count Complaint on behalf of Ms. Jefferson and Ms. Brown detailing predatory lending practices against Quicken Loans and its appraiser in the Circuit Court of Ohio County, West Virginia.
Circuit Court Judge Arthur M. Recht of Ohio County, W.Va. concluded an 8-day trial that spanned 17 months by awarding punitive damages, attorney fees and costs in the amount of $2.7 million to these Wheeling homeowners. This award brought the total verdict in the case against Quicken Loans, Inc. to over $3 million. Bordas & Bordas also obtained a settlement for a confidential amount with the real estate appraiser. The case encapsulates much of what lead to the collapse of the housing market and economy as a whole. In particular, the Court found the lending practices of Quicken Loans to be unconscionable based in part upon Quicken's utilization of a highly inflated appraisal in making the loan. The Court went on to find that Quicken Loans defrauded the homeowners by misleading them into paying excessive loan origination fees; falsely promising to favorably refinance the loan in the near future; and concealing an enormous balloon payment from its own borrowers.The Court's order and award may be viewed by clicking the following links: here and here.
Wilson v. Mountaineer Gas , (Tucker County, WV, 2010) – Gas Explosion Verdict
Wilson v. Mountaineer Gas was a case of utility liability for causing a natural gas explosion. Mountaineer Gas negligently caused a gas explosion at the Wilson family's apartment, burning Stevie Wilson, a teenager. After Bordas & Bordas obtained a default judgment against Mountaineer as a result of its discovery abuses and litigation misconduct, the case went to trial with Jim Bordas and Geoff Brown appearing for the Plaintiffs and the jury awarded over $1,500,000.00 to the Wilson family in compensatory damages. The case then settled confidentially before the Plaintiffs could seek appellate relief from an order preventing the award of punitive damages.
Marshall v. Dunn, (Belmont County, Ohio, 2010) - Motor Vehicle Wreck Verdict
In Marshall, Nationwide Insurance offered only $32,500.00 to settle a case involving soft-tissue injuries sustained by two women in a wreck on Route 7 in Belmont County. Nationwide refused the Plaintiffs' reasonable demand to simply settle for the policy limits of $100,000.00 per person. When Nationwide refused to step up to the plate and protect its insured with a reasonable settlement offer, Chris Regan and Zak Zatezalo tried the case to a successful excess verdict of $235,000.00 before Common Pleas Court Judge Jennifer Sargus.
Lemasters v. Nationwide, (Marshall County, W.Va. 2010) – Bad Faith Insurance Practices, Violation of the Unfair Trade Practices Act, Breach of the Implied Covenant of Good Faith and Fair Dealing Verdict
Lemasters was a bad faith insurance practices case wherein Nationwide Mutual Insurance Company was found to have unreasonably and unlawfully delayed the settlement of an underinsured motorists benefits claim. The jury assessed $400,000.00 in compensatory damages and $200,000.00 in punitive damages in a case handled by Jamie Bordas, Chris Regan and Michelle Marinacci. A further award of attorney's fees remains pending.
Conway v. Tomich, (Belmont County, Ohio, 2010) – Motor Vehicle Wreck Verdict
Conway was a case involving multiple motor vehicle wrecks. Both caused soft-tissue injuries to a thirty-two year old man who had a preexisting history of back problems that had required a surgery five years earlier. He aggravated his back condition and developed new problems in his cervical spine requiring ongoing chiropractic care. The case was tried by Scott Blass and Jeremy McGraw and the jury returned a verdict of $270,000.00 reflecting the amount needed to fairly and fully compensate the plaintiff for the injuries and damages he had suffered in both collisions.
Haught v. Weirton Medical Center (Brooke County, W.Va. 2009) - Wrongful Death, Tort of Outrage, Negligent Credentialing and Supervision, Judgment
Weirton Medical Center offered a $2,000,000.00 Judgment, plus litigation expenses, after Chris Regan, Geoff Brown and Jamie Bordas selected a Brooke County jury in this case. David Haught, the widower of Genevieve Haught and daughter Crystal Rogerson brought the case to expose the poor medical care Mrs. Haught received and the mistreatment they suffered at the hands of the hospital. Weirton Medical Center took the unusual step of confessing judgment after Circuit Judge Arthur Recht overruled Weirton Medical Center's privilege claims as to the incident report histories of the doctors involved in this negligent credentialing case – Dr. Hardev Parihar and Dr. Jayapal Reddy. Once it became clear that the hospital knew about Parihar's track record of operating without proper informed consent and his lack of qualifications to perform the procedure at issue, the hospital's situation was untenable and it confessed judgment for the full amount of its self-insured retention plus litigation expenses. Crystal Rogerson and David Haught, the clients in the case, later received the Advocate for Justice Award for their determination to obtain a public settlement from the hospital.
Robinson v. Columbian Chemicals Company , (Marshall County, W.Va. 2008) – Toxic Tort Settlement
Robinson involved allegations that a carbon black company had knowingly polluted a rural community. Residents experienced carbon black soot and ash on and in their homes. Toxic gases associated with the release of carbon black were connected in the medical literature with a variety of adverse health conditions experienced by the Plaintiffs, who presented claims on behalf of dozens of local children and nine claims of wrongful death. This major toxic tort litigation involving over 170 claimants in the Ohio Valley settled confidentially after four days of mediation in 2008.
Karpacs v. Murthy (Wetzel County, W.Va. 2008) - Wrongful Death Verdict
A Wetzel County jury deliberated for about forty-five minutes before returning a wrongful death verdict of $4,000,000.00 to the surviving children and estate of Elizabeth Karpacs in January 2008. The verdict was the second multi-million dollar decision against Dr. Anandhi Murthy obtained by Bordas & Bordas, PLLC, in ten months. Geoffrey Brown, lead counsel for the Karpacs family, explained that the major verdict was well-justified, in light of the doctor's failure to treat a life-threatening condition and decision to leave the hospital despite that condition. Attorney Christopher J. Regan, also of Bordas & Bordas, tried the case on behalf of the Plaintiff along with Mr. Brown. The verdict included awards of $1,000,000.00 to each of Mrs. Karpacs' three surviving children, as well as $1,000,000.00 for the deceased's estate. The trial was presided over by Wetzel County Circuit Judge Mark Karl.
Clegg v. Geiser (Wetzel County, W.Va. 2007) - Motor Vehicle Wreck Verdict
In October of 2007, Scott Blass tried this car wreck case to a jury verdict of approximately $8,300,000.00 in Wetzel County, W.Va. Bordas & Bordas, PLLC, represented the surviving family members of Charles "Chick" Clegg who was killed in a wreck that resulted from a drunk driver crossing the center line and striking Clegg's vehicle. Mr. Clegg left behind a wife, three children and grandchildren. A co-Defendant, Daimler-Chrysler was dismissed from the case before trial after reaching a settlement with the Clegg family. The jury awarded substantial damages, including a rare finding that the Defendant should pay punitive damages and the verdict is believed to be among the highest awards ever for a case involving a single death in Wetzel County. Despite multiple prior DUIs, the Defendant, Geiser, was granted car insurance by Prudential.
Watson v. Wehr , (Belmont County, Ohio, 2007) – Motor Vehicle Wreck Verdict
The Watson case, tried by Scott Blass in Belmont County Ohio, was a serious injury motor vehicle wreck case. The case was tried to the bench and resulted in a verdict of $6,200,000.00 in favor of the Plaintiffs. A drunk driver caused Bordas & Bordas' client's severe injuries including several hundred thousand dollars in medical expenses.
Boggs v. Camden-Clark Memorial Hospital (Wood County, W.Va., 2007) .
Medical Malpractice, Fraud, Litigation Misconduct, Attorneys Fees Awarded. In 2007, Bordas & Bordas, PLLC obtained an award of over $1,300,000.00 in attorney's fees as a sanction against Camden-Clark Memorial Hospital. Camden-Clark had previously been the subject of a successful jury verdict obtained by Bordas & Bordas in a medical malpractice and fraud case. Click here to read a press account of the decision sanctioning Camden-Clark for multiple acts of litigation misconduct. Click here to read Chief Judge Waters detailed findings of fact and conclusions of law. Judge Waters described Camden-Clark's misconduct as follows in his 55-page Order:
Camden-Clark:
- Defrauded the Plaintiff; as found by the jury by clear and convincing evidence;
- Violated multiple court orders, as found by the Court on December 19th 2005;
- Made numerous material misrepresentations of fact and law to the Plaintiff and to this Court, both before and during the trial of this matter;
- Concealed important evidence until the commencement of trial and even in the middle of trial, including the very documents it had been ordered to produce by the Court;
- Destroyed, concealed or altered material evidence in advance of trial, including cardiac monitor strip times and nurse's notes;
- Advanced frivolous defenses before the Court; and
- Wasted countless hours of the Court's time, as well as that of the Plaintiff and his counsel, through all of the above misconduct.
The sanctions were fully collected against the hospital corporation after all of the hospital's appeals failed.
Sharon Roberts v. Anandhi Murthy, M.D. (Wetzel County, W.Va. 2007) - Medical Malpractice, Verdict
In March of 2007, Geoff Brown and Scott Blass tried the case of Sharon Roberts v. Anandhi Murthy, M.D. a medical negligence case brought on because of a dangerously botched surgery for acid-reflux disease. As a result of the botched surgery, the Plaintiff's stomach and esophagus were lost. The doctor also failed to disclose that she had performed a different procedure than she had claimed she would perform. The case was tried in Wetzel County, West Virginia, to a jury verdict of approximately $5,700,000.00 in favor of the Plaintiff.
Boggs v. Camden-Clark Memorial Hospital (Wood County, W.Va. 2006) - Medical Malpractice, Verdict
This was a case involving medical malpractice, fraudulent concealment and vicarious liability arising out of the death of Hilda Boggs in 2001. Mrs. Boggs died following the administration of spinal anesthesia at Camden-Clark prior to proposed surgery to repair a fracture of her ankle. Bordas & Bordas became involved in the case in 2003, at the request of family attorney Christopher Rinehart, and prosecuted a successful appeal before Chris Regan and Geoff Brown tried the case to jury verdict of over $6,500,000.00 in March, 2006 The verdict was subsequently collected in its entirety after all of the hospital's appeals failed.
Stemple v. Allegheny Energy et al. – Dangerous Product Causes Severe Injury, Settlement
When the Allegheny Energy Corporation sent dangerous power surges over the electrical grid into a group of Preston County, West Virginia homes, residents noticed immediately. Appliances burned out, electric light bulbs exploded and the power fluctuated frequently. A series of unexplained fires devastated several homes in a small area.
The Stemple family contacted Bordas & Bordas attorney Jim Bordas after a tragic fire injured several family members and killed the family matriarch and two foster children. After a comprehensive investigation, it was determined that the electric company had neglected its equipment, causing the power surges that started the fire.
Bordas & Bordas filed a lawsuit, hired a team of experts to evaluate the situation and testify about the electrical problems in the area. Dozens of witnesses were interviewed and a strong case was built for trial. Just a few weeks before trial, the case settled for a confidential amount.
Toohey v. Schneider National Trucking Co. – Trucking Wreck, Verdict
A passenger in a car headed east on I-70 in Belmont County, Ohio, Carla Toohey never expected to be rear-ended by a massive eighteen-wheeler. A negligent truck driver, Charles Wilt, spun the Toohey vehicle around and flipped it over, causing soft-tissue injuries to Mrs. Toohey.
Eventually, long after Bordas & Bordas attorneys Jim Bordas and Chris Regan became involved, Schneider National Trucking Company admitted liability, but disputed Carla Toohey's damages at trial. Bordas & Bordas brought forth the testimony of multiple experts at trial to support Mrs. Toohey's claims and to counteract the testimony of a neurologist hired by the Defendants to dispute her injuries. The case concluded in 2005 with a verdict of just under $500,000.00 for Mrs. Toohey.
Murfitt v. Lai – Motor Vehicle Wreck, Settlement
Elizabeth Murfitt was a cottage attendant at Wheeling's Oglebay Park when she was the victim of a broadside auto wreck. She sustained a serious fracture of her wrist, requiring surgery to repair it. Despite the surgery, she was unable to return to her employment and lost over $70, 000.00 in wages. Her medical bills totaled over $60, 000.00.
Mrs. Murfitt came to Bordas & Bordas attorney Jamie Bordas to press the case forward when the insurance company refused to offer a reasonable settlement. The insurance company stonewalled and forced the matter to go all the way through the process of picking a jury and two days of trial testimony. In the middle of the trial, the insurance company settled for a confidential amount.
Cobb v. Pennzoil – Dangerous Product Causes Severe Injury, Settlement
John Cobb was burned severely by a defective and dangerous product, a "Carb and Choke Cleaner" designed, manufactured, and marketed by Pennzoil Products Company. His massive burn injuries required him to be life-flighted from Red House, West Virginia, to West Penn Burn Center in Pittsburgh, PA.
The Company denied any liability and Bordas & Bordas attorney Scott Blass was brought in by Mr. Cobb's personal attorney Chris Heavens to prosecute the complex case. Bordas & Bordas undertook massive discovery in the case, ferreting out dozens of harmful documents suggesting that Pennzoil was aware of the serious burn hazard presented by its product.
The case settled at mediation ordered by the federal court in Wheeling, West Virginia, for a confidential amount.
Meredith v. Heartland of Clarksburg – Nursing Home Death, Verdict
Toni Meredith passed away as a result of a gangrenous gall bladder in 1999 as a consequence of severe neglect by a nursing home corporation called the Healthcare and Retirement Corporation of America, which owns Heartland of Clarksburg, West Virginia. The nursing home corporation denied any liability for Mrs. Meredith's tragic death at the age of just 59.
When the nursing home corporation indicated it would fight the case tooth and nail, the Meredith family's personal attorney, John Scotchel, contacted Bordas & Bordas attorneys Jim Bordas and Chris Regan to prosecute the case. After eighteen months of exhaustive preparation, including the retention of four different expert witnesses by Bordas & Bordas, the case came to trial in the Circuit Court of Harrison County, West Virginia.
Bordas & Bordas tried the case to a jury verdict of $50,000,000.00, awarding damages to the Merediths and finding the home liable for punitive damages as well. After the verdict, the parties settled. The case was featured in the National Law Journal and was rated one of the top verdicts of 2002.
United Wisconsin Life v. Neust – Insurance Dispute – Multiple Settlements
Richard Neust was wrongfully sued by a large insurance company, United Wisconsin Life. Though he owed the insurance company not a cent, the company demanded over $27, 000.00 in so-called reimbursement charges. Bordas & Bordas attorney Scott Blass had represented Mr. Neust in a related matter and was there to help when Mr. Neust was sued.
Bordas & Bordas filed a counterclaim, motions to dismiss and undertook discovery. The insurance company dragged the litigation out for over a year. Ultimately the federal judge assigned to the case dismissed United Wisconsin's claims and heard opening statements from the attorneys regarding Mr. Neust's counterclaim. After opening statements, United Wisconsin settled the counterclaim. The law firm representing United Wisconsin, Kreiner & Peters, was later sanctioned by the Court for its inappropriate conduct.
Bordas & Bordas then pressed Mr. Neust's rights in state court, claiming malicious prosecution, abuse of process and other torts against United Wisconsin and Kreiner & Peters. After again retaining experts to prosecute the claim effectively, the cases settled confidentially.
Evans v. Allied Waste – Trucking Wreck, Settlement
Scotty Evans was killed when the garbage truck he was driving went over a hillside and into a ravine in Marshall County, West Virginia. The family retained Bordas & Bordas attorney Jim Bordas to investigate and with a team of experts, he was able to determine that the truck's brakes were defective, that Allied Waste had a poor maintenance program for its trucks and that Scotty Evans was not properly qualified to drive the 30-ton garbage truck.
A company driver had quit over safety concerns shortly before the wreck and his wife had sent emails to the company suggesting that the poor condition of the trucks would certainly result in a serious injury or death. The Bordas law firm's investigation into the case also revealed a pattern of poor brake maintenance and a history of over-driving on the part of Allied Waste, including allegations that the company had encouraged drivers to falsify drive time logs.
The case settled several weeks before trial for $6,000,000.00.
Miller v. AEP – Utility Company Liability
Bradley Miller, a young Marshall County student, was killed by high voltage wires on an electrical tower at an overlook of the Ohio River, near Moundsville, West Virginia. The defective and dangerous tower had climbing pegs the company had reason to know were used by local children and there was no fence or climbing barrier to warn of curious kids.
The family hired Bordas & Bordas to investigate and Bordas & Bordas took on the case against the large electric utility. Experts were hired and the case ultimately settled for a confidential amount at mediation.
Judge v. Reynolds Memorial Hospital – Medical Malpractice
Linda Judge went to Reynolds Memorial Hospital not once, but twice, complaining of heart attack related symptoms. Both times, she was quickly discharged from the emergency room without any doctor ordering heart-related testing. She died of a heart attack after being discharged the second time.
Bordas & Bordas attorneys Jim Bordas, Scott Blass, and Geoff Brown got involved on the family's behalf and hired medical doctors to testify about how the failure of the doctors at Reynolds to perform basic medical tests led to Linda Judge's untimely death. After filing a lawsuit and prosecuting the case for over a year, the parties settled at mediation for a confidential amount.
Harris v. State Farm – Insurance Dispute Bad Faith Insurance Practices
When the Harris family was destroyed by a horrible car wreck near Morgantown, West Virginia, the insurance company simply didn't care about what happened. Christy Harris lost her daughter and her husband in the wreck, which was no fault of hers or her husband. Christy and her young son were also seriously injured.
Bordas & Bordas attorney Jim Bordas was hired by the family and, because the wreck was so sever, he agreed to take no fee from the $300, 000.00 policy limit. Even though there was only $300, 000.00 in insurance coverage and two deaths involved, State Farm refused to pay. They stonewalled and forced the case to go to court, which required depositions to be taken and extended the agony of the Harris family.
After extensive discovery and litigation, Bordas & Bordas sued State Farm for insurance bad faith, arguing that State Farm had wrongfully withheld money that was due the Harris family. The case later settled for $11,700,000.00.
Strope v. Honda - Product Liability, Seatback Collapse, Verdict, 1993
Jim Bordas and Scott Blass handled the Strope v. Honda litigation and obtained the only second-impact, seatback-collapse verdict against a major automaker at the time. The attorney for Honda, from Philadelphia, indicated in court that he had never lost a case before trying this one against Bordas & Bordas. The total verdict of over $3,620,000.00 later became a judgment in excess of $4,000,000.00. The case and the national-leading experts retained by Bordas & Bordas to pursue the case were later featured on the then-popular TV program Inside Edition.
Andrews v. Reynolds Hospital and Spore - Medical Malpractice, Verdict, 1994
In this case handled by Jim Bordas and Linda Bordas, the failure of a hospital to treat pre-term labor resulted in the death of an infant. The verdict of $2,760,000.00 included an award for loss of the infant's future earning capacity and a substantial award for the grief and sorrow of the parents. Bordas & Bordas successfully litigated in the West Virginia Supreme Court of Appeals when the Defendant's sought to have the verdict overturned and established the clear right of expectant mothers and fathers to full damages for their losses and grief caused by careless or reckless medical practitioners and corporations.
