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Doyle Dennis Avery LLP Files Negligence Lawsuit Against Liberty Energy Inc. for Workplace Tractor Trailer Injury in New Mexico

Firm News, News, Workplace Injury

Doyle Dennis Avery LLP has filed a lawsuit against Liberty Energy Inc. on behalf of its client, a tractor truck driver who suffered severe injuries while transporting cargo at Liberty Energy’s facility in New Mexico. The lawsuit, filed in the United States District Court for the District of New Mexico, alleges that Liberty Energy’s negligence in loading and securing cargo led to a catastrophic injury that resulted in permanent harm to the client, including the traumatic amputation of his left thumb.

Case Background: Preventable Workplace Injury in the Energy Industry

On September 11, 2024, the client arrived at Liberty Energy’s facility to deliver a load of full sandboxes and receive an outbound load of empty sandboxes. These sandboxes, large containers used in hydraulic fracturing operations to store and transport sand, are substantial industrial equipment that require proper securing procedures to transport safely.

Negligent Loading Procedures

Instead of allowing our client to personally inspect and secure the cargo—a standard safety practice in the transportation industry—Liberty Energy employees assumed responsibility for loading and securing the cargo onto the truck. Liberty Energy personnel assured our client the cargo was properly secured and instructed him to immediately exit the facility so that another cargo could be processed.

This rushed approach to cargo handling demonstrates a concerning prioritization of operational speed over worker safety, a pattern that can lead to devastating consequences in industrial settings.

Catastrophic Injury from Improperly Secured Cargo

Upon stopping at a safe location outside the facility to inspect the load, as is standard practice for professional truck drivers, the client discovered that the cargo had been improperly secured. Tragically, as he attempted to address the safety issue, an unsecured sandbox fell, crushing the client’s left hand and causing a traumatic immediate amputation of the left thumb.

The severity of the injury necessitated emergency medical evacuation, and the client was airlifted to Midland, Texas, for specialized surgical intervention. Despite medical treatment, the client has suffered permanent disfigurement and disability.

Legal Claims Against Liberty Energy Inc.

The lawsuit filed by Doyle Dennis Avery LLP alleges multiple forms of negligence against Liberty Energy Inc., including:

Specific Negligence Allegations

  1. Improper Loading Procedures: Failure to correctly load and secure the sandboxes according to industry standards and safety regulations
  2. Inadequate Training: Failure to properly train employees in safe cargo loading and securing techniques
  3. Insufficient Safety Protocols: Lack of comprehensive safety procedures for loading operations
  4. Rushed Operations: Prioritizing operational efficiency over safety by hurrying the client off the premises
  5. Failure to Supervise: Inadequate supervision of loading personnel
  6. Misrepresentation of Safety: Falsely assuring the client that the load was properly secured when it was not

Damages Sought for the Injured Worker

As a result of Liberty Energy’s alleged negligence, our client has suffered:

  • Permanent physical impairment and disfigurement
  • Loss of earning capacity and future income
  • Severe physical pain and suffering
  • Emotional distress and mental anguish
  • Significant past and future medical expenses
  • Diminished quality of life

Workplace Safety in the Energy Transportation Sector

The energy industry, particularly in regions like New Mexico and Texas where oil and gas operations are prevalent, relies heavily on commercial transportation to move equipment and materials. This case highlights several critical safety issues within this sector:

Cargo Securement Regulations

Federal Motor Carrier Safety Administration (FMCSA) regulations provide detailed requirements for properly securing cargo. These regulations exist specifically to prevent the type of accident that injured our client. Energy companies that load cargo onto commercial vehicles have a responsibility to understand and follow these regulations.

Shared Responsibility for Load Security

While drivers ultimately bear responsibility for their loads while on public roadways, companies that perform loading operations have a duty to conduct these operations safely. When a company takes control of the loading process, as Liberty Energy did in this case, they assume a significant portion of this responsibility.

Time Pressure and Safety Corners

High-demand operations like those in the energy sector often create production pressure that can lead to safety shortcuts. Companies must ensure that operational efficiency never comes at the expense of worker safety.

The Impact of Traumatic Hand Injuries

Traumatic hand injuries like the amputation suffered by our client have profound and lasting effects on every aspect of an individual’s life:

Occupational Limitations

Professional drivers rely on full manual dexterity to perform their jobs safely. Hand injuries can severely limit or end careers in this field. The loss of a thumb is particularly devastating, as it significantly impairs grasping ability and overall hand function.

Daily Life Challenges

Hand injuries affect virtually every aspect of daily living, from basic self-care to household tasks to recreational activities. These injuries often require significant lifestyle adaptations and may necessitate assistance with everyday activities.

Psychological Impact

Beyond the physical trauma, catastrophic injuries often cause significant psychological effects, including post-traumatic stress disorder, depression, and anxiety. The sudden change in physical capability and career prospects can also lead to issues with self-image and identity.

Legal Remedies for Injured Transportation Workers

Workers injured in the transportation industry while performing services for energy companies may have several potential avenues for compensation:

Personal Injury Claims

As in this case, workers may pursue personal injury claims against negligent companies when their actions directly cause harm. These claims require demonstrating that the company failed to exercise reasonable care and that this failure caused the injury.

Workers’ Compensation

Depending on employment status and jurisdiction, injured workers may also be eligible for workers’ compensation benefits, which can provide medical coverage and partial wage replacement regardless of fault.

Third-Party Claims

In some situations, parties beyond the immediate employer may share liability for workplace injuries. This might include equipment manufacturers, maintenance contractors, or other entities involved in creating hazardous conditions.

Doyle Dennis Avery LLP’s Commitment to Injured Workers

At Doyle Dennis Avery LLP, we are dedicated to fighting for the rights of injured workers in the transportation and energy sectors. Our experienced attorneys understand the complex legal landscape surrounding workplace injuries and have a proven track record of holding companies accountable for negligent practices.

We recognize that behind every case like this is a real person whose life has been permanently altered by preventable circumstances. Our firm is committed to not only securing fair compensation for our clients but also to driving industry-wide safety improvements through legal accountability.

Protecting Your Rights After a Workplace Injury

If you or a loved one has suffered injuries due to employer negligence, whether as a tractor truck driver or in another capacity, it’s essential to understand your legal rights:

  1. Seek immediate medical attention for your injuries and ensure they are properly documented
  2. Report the incident to appropriate supervisors and authorities
  3. Document everything related to the accident, including photographs of hazardous conditions when possible
  4. Preserve evidence such as work orders, communications, and witness information
  5. Consult with an experienced workplace injury attorney before providing statements to insurance companies or accepting any settlements

Contact Doyle Dennis Avery LLP for a Free Consultation

Workplace injuries require specialized legal expertise, particularly when they involve the transportation and energy sectors. At Doyle Dennis Avery LLP, our attorneys have the knowledge, resources, and determination to help you navigate the complex legal process and fight for the compensation you deserve.

If you’ve suffered an injury due to negligence in the workplace, contact our experienced injury attorneys today for a free, confidential case evaluation. Our team will review your situation, explain your legal options, and help you determine the best path forward.

Don’t let corporations minimize your suffering or deny you the compensation you need for recovery. Learn more about your rights after a workplace injury and how our firm can help protect them.

Call us at (713) 571-1146 or complete our online contact form to schedule your free consultation with our injury legal team.

Doyle Dennis Avery LLP Secures $4.3 Million Verdict in Fatal Apartment Complex Security Case | Texas Negligent Security Lawyers

Firm News, News, Personal Injury

Our premises liability and negligent security attorneys have secured a landmark $4.3 million verdict in Harris County District Court, holding apartment complex owners accountable for inadequate security that led to the tragic death of M. Bonilla. This case (No. 2017-08414) demonstrates our firm’s commitment to justice for families affected by negligent apartment security.

Fatal Security Failure

This landmark case arose after intruders gained access to Magnolia Cove Apartments due to severely inadequate security measures, leading to M. Bonilla’s tragic death. Our client, N. Ardon, brought claims individually, as representative of M. Bonilla’s estate, and as next friend of minor E. Bonilla.

Our investigation revealed critical security failures:

  • Broken security gates allowing unauthorized access
  • Insufficient lighting in common areas and parking lots
  • Lack of functioning security cameras
  • Absence of security patrols
  • History of criminal activity that went unaddressed

Through extensive discovery and expert testimony, our trial team proved that both APTMC, LLC (Magnolia Cove Apartments) and Gatesco, Inc. knew about security risks but failed to take appropriate action.

Understanding Apartment Complex Security Obligations

Texas law requires apartment owners to protect residents from foreseeable criminal acts. This includes:

  1. Proper Access Control
  • Working security gates
  • Controlled entry systems
  • Secure locks and doors
  • Monitored access points
  1. Adequate Lighting
  • Parking areas
  • Common walkways
  • Building entrances
  • Stairwells and corridors
  1. Security Systems
  • Surveillance cameras
  • Alarm systems
  • Emergency response protocols
  • Security personnel when warranted
  1. Crime Prevention
  • Regular security assessments
  • Criminal activity monitoring
  • Resident safety communications
  • Swift response to security concerns

Historic $4.3 Million Verdict Breakdown

The Harris County jury recognized the devastating impact of these security failures:

Individual Claims (N. Ardon):

  • $850,000 future damages
  • $450,000 past damages
  • Prejudgment interest from February 2017

Minor Child (E. Bonilla):

  • $1,250,000 future damages
  • $750,000 past damages
  • Additional prejudgment interest

Estate Claims (M. Bonilla):

  • $200,000 in damages
  • Associated interest and costs

Liability Distribution:

  • Magnolia Cove Apartments: 35%
  • Gatesco, Inc.: 65% (triggering joint and several liability)

Foreseeability of Criminal Activity

Our legal team proved the critical element of foreseeability through:

  • Prior criminal incidents at the complex
  • Police reports from surrounding area
  • Security expert testimony
  • Industry standard analysis
  • Crime statistics for the location

This evidence demonstrated that property owners knew or should have known about security risks but failed to act.

Legal Standards for Apartment Security

Texas courts recognize specific requirements for apartment security:

  1. Duty of Care
  • Reasonable security measures
  • Regular maintenance of security features
  • Response to known risks
  • Protection of residents
  1. Industry Standards
  • Access control systems
  • Professional security assessments
  • Crime prevention through environmental design
  • Emergency response protocols
  1. Documentation Requirements
  • Security incident reports
  • Maintenance records
  • Resident complaints
  • Security system testing
  1. Staff Training
  • Security awareness
  • Emergency procedures
  • Resident communication
  • Incident reporting

Impact on Texas Apartment Security Law

This verdict establishes important precedents:

  1. Property Owner Accountability
  • Direct liability for security failures
  • Management company responsibility
  • Joint liability implications
  • Duty to maintain security systems
  1. Security Measure Requirements
  • Modern security technology standards
  • Staffing obligations
  • Maintenance expectations
  • Response time requirements
  1. Damage Calculations
  • Long-term impact consideration
  • Family member compensation
  • Estate recovery rights
  • Interest calculations

Protecting Your Rights After a Security Incident

If you’ve been affected by apartment complex security failures:

  1. Immediate Actions
  • Ensure personal safety
  • Contact law enforcement
  • Document all evidence
  • Seek medical attention if needed
  1. Documentation
  • Photograph security failures
  • Record incident details
  • Gather witness information
  • Keep all communications
  1. Legal Considerations
  • Preserve evidence
  • Report to management
  • Contact experienced attorneys
  • Understand time limitations
  1. Rights Protection
  • Don’t sign management documents
  • Maintain incident records
  • Consider temporary relocation
  • Document all expenses

How Doyle Dennis Avery LLP Can Help

Our firm specializes in:

  • Negligent security cases
  • Apartment complex liability
  • Wrongful death claims
  • Premises liability
  • Complex civil litigation

Our approach includes:

  1. Thorough Investigation
  • Crime scene analysis
  • Security system evaluation
  • Historical incident review
  • Expert consultation
  1. Evidence Gathering
  • Security records
  • Maintenance documents
  • Witness statements
  • Expert testimony
  1. Legal Strategy
  • Multi-defendant litigation
  • Insurance coverage analysis
  • Damage modeling
  • Trial preparation

Contact Us Today

Free Consultation Available

Don’t wait – Texas law limits the time to file claims. Contact our experienced trial attorneys today to protect your rights and seek justice.

Doyle Dennis Avery LLP Represents the Family of Student Killed in Raid by College Station Police

Firm News, News, Personal Injury

Doyle Dennis Avery LLP recently filed a petition to open an investigation into the circumstances that caused the death of Mark Hopkins, a 22-year-old student in College Station, Texas.

On February 8, 2022, officers with the College Station police department executed a search warrant at an off-campus residence occupied by Mark, his girlfriend, and another student. The suit alleges that the warrant was based on an affidavit that falsely claimed there were Venmo transactions between Hopkins and Abraham Escobar, the target of the search warrant who police suspected of being a drug dealer. Escobar was neither an occupant of the home that was the subject of the search warrant, nor was he present at the time of its execution.

The lawsuit alleges that at or around 6:00 a.m., College Station PD used “flash bang” devices to enter the premises. Hopkins and his girlfriend awoke during the commotion and believed burglars had broken into their home. According to Mark’s girlfriend, a witness to the tragic events that morning, they did not hear any knocking or attempt by the raid members to identify themselves as police officers. Fearing for their safety, Mark grabbed his personal shotgun as he instructed his girlfriend to hide in the closet and call 911. After College Station PD forced entry into the couple’s bedroom, Mark’s girlfriend witnessed him fall to the ground after being repeatedly shot at by police officers, according to the lawsuit.

After many months of ignored requests for information by the City of College Station, the Hopkins family retained Aaron W. Perry and Doyle Dennis Avery LLP to uncover the truth of the matter. On October 9, 2023, Doyle Dennis Avery LLP filed a “Rule 202” petition on behalf of the Hopkins family in Brazos County, Texas. The family seeks to gain access to incident reports, investigative documents, and unabridged body camera footage to clarify the circumstances that led to Mark’s untimely end. Additionally, they hope that the investigation will facilitate the transparency necessary to clear Mark Hopkin’s name.

Ignoring safety protocols and basic civil rights can lead to grave consequences. Doyle Dennis Avery LLP strives to hold the individuals involved, as well as the systems that enable those individuals, accountable for their conduct. If you or a family member has been harmed by reckless conduct by police officer or other public official, contact us for a free evaluation of your potential claims.

Doyle Dennis Avery LLP Sues XL Insurance America and Intercare Holdings for Insurance Bad Faith

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Doyle Dennis Avery LLP recently filed a bad faith insurance suit against XL Insurance America, Intercare Holdings, and Intercare’s insurance adjusters in Maricopa County, Arizona.

After sustaining an on-the-job injury while working for a packing company on January 9, 2021, Doyle Dennis Avery LLP’s client filed a workers’ compensation claim with his employer in Yuma, Arizona. The client received benefits while getting treatment until May 19, 2022, when the defendants improperly terminated benefits of the client’s claim without conducting a proper investigation. Despite numerous attempts to explain to adjusters why the basis for terminating the benefits was incorrect, the defendants repeatedly ignored the client’s communications. The failure to reasonably investigate the basis for terminating an employee’s compensation claim is in direct violation of Arizona law, under which insurance carriers and third-party administrators may be held liable for their failure to conduct an adequate investigation.

Consequently, the client was forced to hire an attorney and request a hearing before the Industrial Commission of Arizona. On May 9, 2023, the Commission found that the client’s benefits were improperly terminated and ordered XL Insurance America to pay the long overdue benefits he was entitled to. Unfortunately, the wrongful conduct did not stop there. Although the workers’ compensation insurance carrier (XL Insurance America) and third-party administrator (Intercare Holdings) were ordered to pay, the defendants continued to dispute and manufacture new reasons to delay the benefits owed to the client. As a direct result of the defendants’ improper withholding of benefits, the client was forced to go without financial support to pay for his medical treatments. The fact that the client’s last medical examination was on May 18, 2022, one day before his benefits were wrongfully terminated, was used to justify the defendants’ refusal to pay indemnity benefits.

The attorneys at Doyle Dennis Avery LLP have significant experience dealing with insurance companies and holding them accountable for committing bad faith, failing to pay out claims, and letting claimants suffer. If you are an injured worker who was harmed by the wrongful denial of workers’ compensation benefits, life insurance benefits, property damage benefits, or other insurance payments, you may have a claim for insurance bad faith. Doyle Dennis Avery LLP will not charge you to complete an initial evaluation of your claim.

Doyle Dennis Avery LLP Files Arizona Bad Faith Insurance Lawsuit Against Travelers Indemnity Company

Firm News, Insurance Bad Faith, News

Doyle Dennis Avery LLP recently filed suit against Travelers Indemnity Company and Traveler’s insurance adjuster. The lawsuit, alleging breach of the duty of good faith and fair dealing, loss of consortium, and aiding and abetting, was filed in Maricopa County, Arizona on behalf of Doyle Dennis Avery LLP’s clients. The firm will now work on behalf of the clients in order to get the justice they deserve.  

One of the two clients involved in the lawsuit sustained injuries at work. Specifically, he sustained injuries to his right knee and fibula, right clavicle, right hip, bilateral shoulders, lumbar spine, and suffered a traumatic brain injury. As a result of the serious injuries, the client’s marriage changed drastically. For example, due to the severity of the client’s injuries, the client requires care for approximately 10-16 hours per day. As a result of the serious injuries, the client requires significant assistance from his wife in managing everyday tasks. For example, his wife helps manage his medications, helps to communicate with medical providers because of memory issues, prepares his meals, provides companionship, transports the client to and from his medical appointments, attends her husband’s medical appointments, cleans his prosthesis, monitors the client, and completes nearly all the household chores to keep a sterile home environment because of the infection risk. After the client sustained on-the-job injuries, he sought to receive workers’ compensation benefits, including compensation for the palliative care provided by his wife. Unfortunately, Travelers Indemnity Company and Traveler’s insurance adjuster delayed and denied the requests for benefits. Thus, Doyle Dennis Avery LLP is representing both individuals in the bad faith insurance lawsuit against Travelers Indemnity Company and Traveler’s insurance adjuster.

Doyle Dennis Avery LLP has significant experience in representing workers who have been targeted, interfered with, or fell victim to bad faith insurance dealings in Arizona. If you have been targeted, defamed, wrongfully terminated, interfered with, or dealt with a bad faith insurance company or adjuster, call Doyle Dennis Avery LLP today for a free consultation.  

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