CMZ Law

When a high profile public official was subjected to multiple instances of slander and defamation by a media outlet, he called CMZ. Slander and defamation laws, especially pertaining to public officials, are complex and these cases are very difficult to prove. Through extensive discovery, we were able to prove the false statements were made recklessly with the intent to harm our client. The media outlet refused to settle and insisted on a trial by jury. After hearing the overwhelming evidence, the jury agreed with CMZ and awarded significant damages.

The life of this couple was forever changed following a wreck that occurred when our client was struck by a tire that broke loose from an oncoming vehicle. A few days before the crash, the tires had been rotated at a nationally known retail store. CMZ was able to prove through documentation that the store had in fact worked on the tires and through expert testimony that the technicians had failed to obtain the proper torque on the tires lug nuts when re-installing the tires. Our client sustained a traumatic brain injury that permanently affected his ability to work and his relationship with his wife. The jury awarded a significant amount to her for the loss of the love and joy she experienced as well as the income he will be unable to earn for the remainder of his life.

This heartbreaking story arose when a well known food manufacturer began marketing a nutritional supplement marketed to people with the inability to eat regular foods. Our client was a __ year old boy who died in his father’s arms as his father fed him a bottle of the formula. The product had been marketed to doctors and dieticians who believed the product was safe for this young boy. Unbeknownst to anyone but the food company, the product had undisclosed allergens that were fatal to people with certain food allergies. The young boy literally choked in his father’s arms. The food manufacturer attempted to blame our client’s underlying medical conditions and other factors as the cause of his untimely death. More shocking was the assertion that his life had little to no value because of those underlying conditions. The parents of this young man fought to make this company admit its mistake and change its marketing and labeling practices so this would not happen to anyone else.

Our client’s wife and young daughter were tragically killed by an 18 wheeler when the driver went off the road to his right, overcorrected left, and jack-knifed across the road hitting our clients head on. The driver argued a deer ran out in front of him and he steered right to avoid hitting the animal but lost control off the shoulder of the road. CMZ examined the scene and the experts concluded the driver was going too fast and made an improper steering maneuver resulting in the jack-knife. The defense argued the wife and young daughter were killed instantly and only would have had a second to see the truck coming, if they saw it at all. The jury disagreed and awarded a significant amount for the conscious pain and suffering of our clients in recognizing their impending death. The trucking company appealed this to the 5th Circuit Federal Court who upheld the juries verdict.

Turning over a loved one to a nursing home is difficult. Many facilities provide excellent care. But, as we have all seen, the treatment and conditions in some nursing homes can be horrendous. When the family of a West Texas man who died after nursing home neglect called CMZ, we took action to uncover a cover up. The facility attempted to mislead and lie to the family about their father’s condition. But, when he was finally seen by a physician, it was discovered the “minor” fall had actually fractured his hip and required immediate surgery. The facility delayed reporting the incident to the family then mislead the family about the seriousness of the fall and their father’s condition. The facility delayed calling for medical help. By the time he was seen by the doctor’s, his condition had deteriorated drastically and he did not survive. The facility refused to accept responsibility and tried to shift the blame to his underlying medical conditions. But, the jury was not fooled.

Our client’s father was killed by a mail delivery truck that hydroplaned and hit him. The delivery company claimed rain was the cause of the wreck and that the road was defective blaming the Texas Department of Transportation. After extensive discovery, CMZ was able to prove not only that the driver was going too fast for the conditions, but also that the delivery company was aware the truck had defective tires and a history of hydroplaning incidents. Too add insult to injury, our client lived with his grandmother and the company argued he suffered zero economic damages. The jury disagreed.

Our client and his family were rear ended by an 18 wheeler while stopped for traffic on a bridge in Louisiana. Our client was a successful business man who initially did not appear to be injured in the wreck. But, after the dust settled, his family began to notice changes in his behavior and his personality. Forgetfulness and confusion that weren’t present before the wreck became more apparent. They reported this to his family doctor who fortunately recognized the clues of a mild traumatic brain injury. As time passed, the symptoms did not go away and began to have an adverse impact on his ability to make business decisions. They hired CMZ after the trucking company’s insurance carrier offered only to pay for their initial hospital visit and for the value of their luggage that was destroyed in the wreck. We retained specialists in the field of neurology and neuropsychology to diagnose and examine the extent of his problems. And, we retained qualified experts to evaluate his loss of earning capacity due to the mild traumatic brain injury. The insurance company treated our client as a fraud. But, the jury saw it differently and awarded him just compensation for his physical injuries and loss of earning capacity.

We all fear being hit by an object flying off a loaded 18 wheeler or being trapped and crushed between two 18 wheelers on the highway. Our client’s father was tragically killed when both happened to him. He was traveling along a major highway approaching a low overhead railroad crossing when the load hauled by a truck in front of him hit the bridge and landed in his lane of travel. Our client hit the brakes but a second 18 wheeler was following too close behind and crushed our client between the truck and the displaced load. The driver of the second truck claimed he was presented with a “sudden emergency” and the insurance company fought not to pay anything. After CMZ obtained the “black box” from the truck and our client’s car, we were able to prove that not only was the second truck following too close, but that he was also speeding. And, most importantly, we were able to prove scientifically that our client would have been able to stop before hitting the load in front of him if not for the rear end collision caused by the second truck. We also obtained the driver’s log books and satellite tracking data to show the driver had routinely driven too fast and driven over his hours of service. The trucking company knew it and did nothing to stop it. But, the jury did.

We often think of 18 wheelers as the danger on the roadway. But, 18 wheeler drivers can be just as vulnerable to severe injury and death. When tragedy struck the family of this 18 wheeler driver, they reached out to CMZ to help get answers. Our client’s husband was tragically killed in a wreck on an Arkansas highway when he was struck head on by another 18 wheeler. Initially, law enforcement believed the other vehicle was simply traveling too fast in a construction zone and lost control of his vehicle. But, after employing several experts, it became clear defects in the roadway and poor signage played a role in causing the wreck. The 18 wheeler driver did not realize the pavement was uneven as he went through a curve until it was too late. And, scientific analysis of the trucks “black box” proved he was not traveling too fast. 18 wheeler drivers can be victims of poor highway design, improper lighting, and defective safety features of the trucks they drive. At CMZ, we have experience helping truck drivers who are injured through no fault of their own.