Jury Finds Ace American and Gallagher Bassett Acted in Bad Faith

On April 28, 2022, Doyle Dennis LLP secured a $500,000 (plus attorneys’ fees) verdict against Ace American Insurance Company and Gallagher Bassett Services, Inc. in Phoenix, Arizona. Specifically, the jury determined that Ace and Gallagher Bassett acted in bad faith by wrongfully denying payment of workers’ compensation benefits to an employee who worked for a mining company and awarded compensatory damages.
Doyle Dennis LLP’s client suffered an undisputed lumbar spine injury while working in a copper mine. Although three doctors confirmed that the client needed a fusion surgery, Gallagher Bassett’s adjuster refused to authorize the surgery and denied the client’s claim.
After hearing four days of testimony and argument in the Maricopa County Superior Court in Arizona, the jury found that Ace and Gallagher Bassett denied the plaintiff’s claim without a reasonable basis and refused to complete a reasonable investigation of the workers’ compensation claim. Specifically, the jury determined that Ace breached the duty of good faith and fair dealing owed to Doyle Dennis LLP’s client. The jury also determined that Gallagher Basset aided and abetted Ace in delaying and denying the claim without a reasonable basis.
Based upon these determinations, the jury found that Doyle Dennis LLP’s client was entitled to $500,000 in damages to compensate for past and future mental anguish, pain and suffering, and loss of enjoyment of life. At the judgment stage of the case, Doyle Dennis LLP’s attorneys will be able to request an award of attorney’s fees and litigation costs, in addition to the $500,000 of compensatory damages.
The case was tried by Michael Patrick Doyle (lead counsel) and Jeffrey Avery (second chair). Following the case, Mr. Avery stated, “In reaching this verdict, the jury sent an important message to insurers throughout the state of Arizona that they will be held accountable for failing to measure up to their required standards.”
If you were harmed by the wrongful conduct of an Arizona workers’ compensation carrier, contact Doyle Dennis LLP for a free evaluation of your potential claims.

Doyle LLP Trial Lawyers has filed suit against KEPPEL AMFELS, L.L.C. (“KEPPEL AMFELS”) for negligence leading to a workplace accident.

Our client was dutifully employed as support personnel on an offshore rig operated by KEPPEL AMFELS. On or about August 9, 2013, our client was returning from a lunch break when Plaintiff’s hand was caught in a cable attached to a pulley that was not properly maintained and did not have adequate safety protections. Plaintiff immediately reported his injury, and was sent to the nearest hospital for immediate care for the issue.

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Court Rejects Appeal that injured offshore worker awarded “too much”

The First Court of Appeals of Texas this week issued an opinion (http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=2bb3591e-accb-4299-bce1-7766ff273147&coa=coa01&DT=Opinion&MediaID=240869e8-71b1-4845-903f-339f405dca80) affirming a jury verdict for $8.5 million for Willie “David” Williams, a mechanic injured onboard Diamond Offshore’s drilling rig OCEAN LEXINGTON working offshore Egypt in 2008. Mr. Williams’s lawsuit included claims under the Jones Act, doctrine of unseaworthiness, and general maritime law. David Williams sustained disabling injuries to his spine when forced to make rushed emergency repairs to the rig’s drilling “elevators”. Diamond Offshore complained that the jury’s award, which included $3.4 million for future pain and suffering associated with David’s injuries and their ongoing impacts for the rest of his life, was excessive, although this amount is still less than the salary for a single year for Diamond Offshore’s CEO (http://insiders.morningstar.com/trading/executive-compensation.action?t=DO).

Doyle LLP Trial Lawyers has filed suit against Smith International, Inc. d/b/a Schlumberger for discriminatory conduct and retaliatory firing of Plaintiff.

Doyle LLP Trial Lawyers has filed suit against Smith International, Inc. d/b/a Schlumberger (“Schlumberger”) for discriminatory conduct and retaliatory firing of Plaintiff. The improper actions on the part of the defendant stem from our client reporting an on the job injury claim. The actions alleged against the defendant are in direct violation of the Texas Labor Code.

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