Michael Sherman v. Hotel St. Francis, LLC., and Heritage Hotel and Resorts, Inc. This case was a Liability Act violation and premises liability case resulting from allegations that the Secreto Bar Lounge at the Hotel St. Francis in Santa Fe, New Mexico over served alcohol to Michael Sherman from approximately 5:30 pm until 11:10 pm. He was subsequently found paralyzed on the third floor of the Hotel St. Francis. This case was filed in Santa Fe County, New Mexico with Co-Counsel: Michael A. Kelly, Esq., Richard Schoenberger, Esq., and Andrew P. McDevitt, Esq. from the Walkup, Melodia, Kelly & Schoenberger firm in San Francisco, California. Settlement is confidential. 2014.
Delfino v. Griffo, et. al. This is a dram shop case brought by Gina Delfino, Individually, and as Personal Representative of the Estate of Manuel Delfino, and as Parent and Next Friend of Domonic Sena and Gabriel Delfino, Minors, and Domonic Sena, Individually against various taverns and bars, and pharmaceutical companies and representatives, who had “wined and dined” representatives of a doctor’s office over at least a six hour period of time, during which one of the representative accompanied the doctor’s employee to at least three different taverns or bars. The doctor’s representative later crashed into Ms. Delfino’s car tragically killing Manuel Delfino. Various claims were resolved against various bars and the driver intoxicated driver. The trial court dismissed the complaint against the pharmaceutical defendants finding the pharmaceutical representatives did not owe a duty to Ms. Delfino, or her decedent, Manual Delfino, because the pharmaceutical defendants entertained and “wined and dined” the doctor’s representative at licensed liquor taverns. The New Mexico Supreme Court reversed the trial court’s decision and re-instated Ms. Delfino’s case, finding that a duty existed, and the case subsequently settled for a confidential amount. This is a published opinion. Delfino v. Griffo, 2011-NMSC-015, 150 N.M.97, 257 P.3d 917 (2011).
Russell and Kim Cargo v. Luther Construction Company, a New Mexico Corporation, Diversified Interiors of Amarillo, Inc., a Texas Corporation, United Rentals, Inc. a corporation, United Rentals Northwest, Inc., a corporation, Skyjack, Inc. a Canadian Corporation and Linamar Corporation, a Canadian Corporation. This was a product liability, breach of contract and negligence case involving a fall from a scissor lift. Settlement is confidential. Seven figure settlement. 2010.
Miguel Aguilar, Personal Representative of the Estate of Javier Aguilar, Deceased, v. City of Roswell, et. al. This civil rights case was filed in the United States District Court for the District of New Mexico following the death of Javier Aguilar, a mentally ill Roswell resident who was tragically killed by police after he called 911 for help over a financial dispute with his caregivers, and was tazered and beaten with a baton by the responding police officers. The case settled for $1.25 million. 2010.
Patrick A. Casey, Personal Representative of the Estates of Tracy Smith and Lily Smith, deceased, Adelaide Smith, Kurt Smith, Leslie Smith, Richard Smith, Terrance Smith, and Jack Smith v. Enchantment Aviation formerly known as and d/b/a Southwest Medevac; Omniflight Helicopters, Inc. and Wind Point Partners, a partnership. This case was filed in Santa Fe County, New Mexico. Co-Counsel: Michael A. Kelly, Esq., Walkup, Melodia, Kelly & Schoenberger firm in San Francisco, California. Settlement is confidential. Seven figure settlement. 2010.
Ron and Lucy Smith v. Ingersoll-Rand Co., Inc. This was a product liability case filed in the United States District Court for the District of New Mexico involving a milling machine. Case was tried in 1997. Ron Smith was severely injured when a wheel on an Ingersoll-Rand manufactured milling machine weighing twenty tons trapped his foot. As a result Ron sustained a “de-gloving” injury to his leg resulting in eleven surgeries, including the subsequent above the knew amputation of his leg. Result: Verdict for the Plaintiff in the amount of $22 million, including punitive damages. The verdict was affirmed on appeal by the United States Court of Appeals, Tenth Circuit. Published opinion: Ron Smith and Lucy Smith v. Ingersoll-Rand, 214 F. 3d 1235 (2000). 2000.
Ben Ezra, Weinstein, and Company, Inc. v. America Online, Incorporated. This was a defamation case against America Online for damages resulting from injuries suffered when the value of plaintiff’s stock was inaccurately reported on AOL’s interactive computer service. The case was filed in the United States District Court for the District of New Mexico. The district court granted summary judgment in favor of AOL. See 1999 WL 727402 (D.N.M.). The grant of summary judgment was upheld by the United States Court of Appeals for the Tenth Circuit in Denver Colorado. See 206 F. 3d. 980 (2000). The United States Supreme Court denied Plaintiff’s Writ of Certiorari. See 531 U.S. 824, 121 S. Ct. 69, 148 L.Ed. 2d 33, 69 USLW 3001 (U.S. Oct. 02, 2000)(No. 99-2020). 2000.
Carl S. Munz, Personal Representative of the Estate of Clarence Stewart Munz, Deceased and Eleanor Amanda Munz, Deceased, vs. Thomas D. Gardner, Ladd Transit Service, Inc. and Leonard Bus Sales, Inc. This wrongful death case was filed in the United States District Court for the Middle District of Pennsylvania. Co-counsel: Anthony Stefanon, Esq. in Pennsylvania and James L. Gilbert, Esq. from Gilbert and Associates, Inc. in Arvada, Colorado. This was a wrongful death case resulting from the tragic deaths of Stu and Eleanor Munz, when their vehicle was rear-ended by a bus owned by Leonard Bus Sales, Inc. and driven by Thomas D. Gardner. Mr. Gardner ignored approximately three and a half miles of warning signs about construction zones and collided with Stu and Eleanor’s vehicle ramming it under an eighteen-wheeler. Result: The case settled. Settlement is confidential.
Baca, et al. v. Tom Upchurch, Jr. and Associates, and Buddy Wright. This legal malpractice case was filed in Amarillo, Texas. Represented seventy-seven plaintiffs against the law firm of Tom Upchurch, Jr. and Associates and Buddy Wright. Case was dismissed by the trial judge on Summary Judgment. The case was appealed to the Amarillo Circuit Court of Appeals and reversed. The case settled. The settlement is confidential.