Cyclone Boiler Tank Explosion
A $5.35 million dollar settlement was achieved by The Spence Law Firm in behalf of the widow and surviving teenage daughters of a Zanesville, Ohio man who sustained grave injuries and burns over 92% of his body. A lawsuit was filed against Columbus Southern Power Company and American Electric Power. The claims arose from a cyclone-fired boiler slag tank explosion. The explosion occurred on July 11, 2004, at the Columbus Southern Power Company (AEP) plant in Conesville, Coshocton County, Ohio. While inspecting the Conesville Unit 2A Babcock and Wilcox cyclone coal fired boiler, because of “frozen” slag, the tank ruptured releasing super-heated steam into the area where Mr. Smather's and his supervisor were working. Mr. Smathers’ job included inspecting slag tanks to make sure the slag (ash produced by the coal burning process) was eliminated. Although Ohio law precluded claims for negligence because of Workers Compensation, the family brought claims against Columbus Southern Power for reckless and willful and wanton misconduct. Plaintiff learned that a similar explosion had occurred just a few years earlier at a sister plant. As a result, defendants retrofitted their slag tanks with pressure diaphragms. The defendants decided not to retrofit the very same tanks at the Conesville plant. The family alleged that such an act was a conscious disregard for the rights and safety of their employees, and created a great probability of causing substantial harm.
12- and 15-Passenger Van Accidents
The Spence Law Firm is active in prosecuting car companies who manufactured and continue to manufacture 12 and 15 passenger vans. Vans included are certain models of the Ford Econoline or E-Series, such as the Ford E350 and Club Wagon E350, the Dodge Ram Wagon B350 and Ram Van/Wagon B3500, the Chevrolet Express 3500 and the GMC Savana and Rally/Vandura G3500. Ford builds and sells the most 15-passenger vans in the United States. The auto makers produce and market these unreasonably dangerous vehicles to schools, universities, clubs and church groups. The vans have an extraordinarily high rate of rollovers that have catastrophic consequences for the unsuspecting passengers on board. Over 81% of all fatalities in 12 and 15 passenger van cases happen during single vehicle rollovers. 
15 passenger vans have a very high center of gravity, which is often made worse by the manner in which the vans are loaded with people, luggage and equipment. The van’s design creates stability problems which become worse in emergency situations. The van roof is poorly engineered and lacks adequate crashworthiness and rollover protection. Van occupants are often thrown around the van or ejected during a crash, sustaining serious injuries or death. The Spence Law Firm works directly with prominent experts in the field of van design and crashworthiness to help those who are maimed and injured seek justice.
On September 26, 2005, eight students and an instructor from Utah State University were fatally injured when their Dodge 15 passenger van blew a tire and rolled multiple times down an embankment. Two others survived the crash but were critically injured. The students were affiliated with the Utah State University’s College of Agriculture, and were on a field trip when the rollover crash occurred. While the tragedy remains under investigation, the fact pattern is strikingly similar to other incidents involving this vehicle. If you have questions regarding any aspect of 12 or 15 passenger vans, please contact our office for assistance.
Natural Gas Pipeline Explosion
On August 19, 2000, an interstate natural gas pipline exploded in southern New Mexico. The explosion killed twelve family members that were spending the weekend by the Pecos River camping and fishing. Together with the Blenden Law Firm of Carlsbad, New Mexico, we represented the families of five of the people killed by the explosion. Investigation concluded that the failure point of the pipeline was severely corroded internally, had never been inspected, tested or cleaned for five decades. Just prior to trial a confidential settlement was reached, noteably the largest personal injury settlement in the history of New Mexico and one of the largest ever achieved nationally.
Pipeline Pigging Fatality
We represented the widow of a family man from Green River, Wyoming. Our client was killed in an oil field related accident during a pipeline pig retrieval operation. There were no signs warning of the dangers of the pigging operation and our client was new on the job. The "pig" is a large, heavy, bullet shaped, plastic device used for cleaning the pipeline using the energy and force of the natural gas contained within the line. The pig was released from the pipeline under extraordinary pressure hitting our client in the face and chest, killing him instantly. Defendants Questar and Wexpro settled the case on the sixth day of the multiweek trial and agreed to place warning signs on all of their pigging locations.
Mass & Toxic Tort
The Spence Law Firm continues to represent individuals and their families in complex Mass and Toxic Tort actions across the country. We have been successful advocates for individuals in matters involving Fen-Phen, asbestos, breast implants, Sulzer hip implants, GMC, Uravan Mining and Milling and soon Vioxx.
Product Liability
We co-counseled the heartbreaking matter involving the death of a California child from inhaling baby oil. This case involved the death of a 15-month-old twin from inhaling baby oil and changed the law regarding child resistant caps on hydrocarbon products. Because baby oil was considered a “cosmetic”, it did not fall under the Federal Hazardous Substances Act. It fell under the Food and Drug Administration, which had no regulations concerning packaging and was under the jurisdiction of the Poison Prevention Act, which was controlled by the Consumer Product Safety Commission. The CPSC changed the law and now requires child resistant caps on baby oil. Issues in the case arose as to federal preemption of state tort law, but our contention was it was not preempted because there were no federal regulations in effect at the time. The case resulted in a confidential settlement much higher than in most child death cases. The family continues to educate the public regarding the dangers of baby oil and other child safety risks.
On August 2, 2000, the two youngest Dixey children suddenly drowned while swimming at the rear of their Stardust Cruiser houseboat. The young, vibrant brothers were poisoned by generator exhaust fumes -- carbon monoxide: an insidious, odorless, colorless, lethal gas -- trapped below the swim platform. Stardust's design created a dangerous product for which several other carbon monoxide poisonings were linked. The tragedy prompted a surge of heightened public awareness regarding carbon monoxide dangers. The National Park Service, National Institute for Occupational Safety and Health (NIOSH), the Coast Guard, the media and various health care professionals became actively involved in investigating the dangers associated with generator exhaust systems on houseboats. In May 2001 the Dixeys testified before a congressional oversight committee investigating the carbon monoxide issue -- the audience of 200 was brought to tears. The case was settled with the requirement for Stardust Cruisers to redesign and warn of the hazards of carbon monoxide. The Dixeys continue to raise the awarness of the dangers of carbon monoxide poisoning and share with others Dillion and Logan's love of baseball. Double Angel Foundation
We represented a motorcyclist who was seriously injured in a collision with a pick-up truck. Although it initially appeared that the pick-up driver lost control of her vehicle, crossed the center line and struck our client, we were able to prove that the pick-up's left rear tire sustained a tread separation causing the loss of control. We were also able to prove that the tire manufacture knew that a substantial percentage of its tires were separating and it failed to notify its customers that their tires were defective. A substantial settlement against the tire manufacturer was obtained.
Trucking Accidents
The Spence Law Firm is active in litigating all phases of interstate trucking accidents. Large trucks collisions are likely to be more catastrophic due to the truck's speed, mass and the weight and nature of it's commercial load. Trucking companies are rightly required to hire professional drivers and keep detailed records regarding driver training, safety and hours of service. In consultation with accident reconstructionists and former Department of Transportation inspectors, we have successfully championed the cause of many clients by holding the trucking companies responsible for their actions. The Spence Law Firm has numerous multimillion dollar verdicts and settlements on behalf of clients involved in collisions with trucking companies.
On June 16, 2003, a semi tractor-trailer was traveling from Idaho over Teton Pass into Jackson Hole, Wyoming, hauling a load of potatoes for John Christner Trucking, Inc., an Oklahoma trucking business. Our client was traveling westbound on Teton Pass in her Honda Civic. The truck driver knowingly traveled over Teton Pass 18,000 pounds overweight. During the steep descent (10% grade) the truck brakes burned out. The driver then lost control and the overloaded semi gained more and more speed. The tractor-trailer crossed over the center line on a curve, ran the tractor-trailer wheels over the driver’s side of the car and Rebecca’s body and head, flipping the tractor-trailer on its side and trapping Rebecca, crushed inside. Rebecca suffered serious orthopedic injuries, mental trauma, lost income, medical expenses, pain and suffering, loss of enjoyment of life, disfigurement, disability and emotional distress. A confidential settlement was reached.
We represented the relatives of six family members who were killed in a tragic motor vehicle accident in Wyoming. The family was parked in the emergency lane on Interstate 80 when a truck driver lost control of her tractor trailer and slammed into their van. The trucker claimed that she lost control of her vehicle when she hit black ice and that our clients' van was partially on the roadway. We proved that the van was completely off the road and that due to inadequate training and experience the trucker failed to recognize the hazardous conditions which existed on Interstate 80 for miles prior to the accident. We also proved that the truck driver violated federal motor carrier safety regulations and lied in her deposition. We were able to obtain a substantial settlement from the trucking company.
Auto Accident
The Spence Law Firm represents people involved in auto accidents which result in serious injury. We consult with the most qualified experts around the country to reconstruct the accident and to evaluate the physical evidence. The Spence Law Firm has also made extensive use of diagrams and animations to illustrate to the jury the accident in the most effective way possible. Over the years we have represented numerous individuals and their families in accidents in the proximity of construction sites, accidents involving improper speed and accidents caused by inattentive driving.
Medical Malpractice
We were honored to represent the Cady's. Retired school teacher, Marguerite Cady, was severely brain injured due to an anesthesiologist who was not paying attention and who had the safety alarms off on the anesthesiology machines. The surgical team also failed to recognize that Marguerite was in critical condition until she "coded" during surgery and suffered irreversible brain damage. The tragic case settled for a confidential amount. As a justice bonus, Integris Baptist replaced all their old anesthesia machines with ones that have built in alarms that cannot be turned down or off. The Cady's live in Central Wyoming and are leaders in pursuing victim's rights for full recovery. Citizens United for Rights and Education (CURE) WYOMING.
We represented a Douglas, Wyoming family following the traumatic birth of their son. The infant, whose birth weight was almost 11 pounds, suffered shoulder dystocia during birth. His delivery was assisted by vacuum extraction resulting with an unresolving brachial plexus injury. This type of injury is due to the traumatic stretching of the plexus -- a bundle of five nerves present in the cervical vertebrae. Our client suffers with Erb's Palsy which is paralysis of the upper brachial plexus. His little left shoulder and arm are limp, he has no muscle control in his arm, hand or wrist and he lacks sensation in his arm. Since birth he has undergone daily physical therapy and since the age of four months old he has endured multiple surgeries to lessen the damage of evulsed nerves. The case settled on the eve of trial.
We represented the family of a young man who had heart valve replacement surgery performed at a major medical center. The cardiovascular surgeon failed to reconnect the right coronary artery at the conclusion of the surgery causing irreversible heart damage which ultimately led to our client's death. We were able to prove that the surgeon falsified his operative report. Due to the doctor's negligence, and his attempt to cover-up the mistake, we were able to achieve a significant settlement with the hospital.
We represented a young man who had outpatient endoscopic sinus surgery performed by a board certified ENT. During the procedure, the ENT ruptured our client's cribriform plate. After the procedure, our client was discharged from the hospital without being informed of the rupture and that he was at serious risk of developing meningitis. Later that evening he developed a cerebral spinal fluid leak and was re-admitted to the hospital under the care of a neurosurgeon. Over the course of the weekend, the neurosurgeon and the nursing staff failed to adequately monitor and treat our client's deteriorating condition. Sadly, he had to have a shunt placed in his skull and he sustained permanent brain damage. We achieved a successful settlement with the ENT, the neurosurgeon and the hospital.
Workplace Safety
We successfully brought suit on behalf of a 38 year old married man and his family against the property owner, power company and crane company for failing to properly guard against contact with overhead power lines. The Casper, Wyoming father of four was working in a crane bucket when it came in contact with a high voltage power line -- he was electrocuted and died. We achieved a confidential settlement on behalf of our client and his young family.
We represented a Utah man injured during the testing of a kiddie roller coaster that resulted in a severe traumatic brain injury. After several years of litigation a confidential settlement was reached.
Wrongful Conviction
Roberto Hernandez Miranda's saga began in 1981 in Las Vegas when he was fingered for a crime that he did not commit. He was represented in Nevada state court proceedings by the county public defender's office. The office had a policy of administering polygraphs to its clients to aid in its decision about allocation of scarce public defender resources. Spanish-speaking Cuban immigrant Roberto performed poorly on his polygraph. He was represented at the 15-day murder trial by a rookie who did not subpoena any witnesses and failed to mount any meaningful defense because he had not investigated the case. Roberto was convicted and sentenced to death. Roberto continued to protest vigorously that he was innocent, and pursued various appellate remedies. After fourteen years of incarceration, the Nevada Supreme Court concluded that Roberto received ineffective assistance of counsel at trial and overturned his conviction. Nevada declined to reprosecute, and Roberto is released from jail. We represented Roberto is his action against Clark County and the public defenders under section 1983. Prompted with a favorable Ninth Circuit Court of Appeal decision, and the United States Supreme Court's denial of Defendants certiorari, renewed settlement negotiations began after almost six years worth of motions to dismiss and appellate proceedings. In May 2004, the parties reached a multimillion dollar settlement and Clark County paid the entire amount on behalf of all named defendants who remained in the case. Roberto finally received justice after his unwaivering patience and perseverance as to his innocence.
Law Enforcement Misconduct
In Weaver v. United States, better known as "Standoff in Northern Idaho" or "Ruby Ridge", the case began as the criminal defense of Randy Weaver and Kevin Harris who were acquitted of murder charges in the self defense shooting of a U.S. Marshall. A wrongful death civil case was brought thereafter against the FBI, ATF and U.S. Marshall Service for the cold blooded shootings of Vicki and Sam Weaver, Randy's wife and son. The government settled the case for $3,100,000.
We represented the parents and siblings of Zachary Nobile, a 19 year old boy who was shot through the heart in his own bedroom by the Broken Arrow Police department. The jury found recklessness, excessive force and deliberate indifference resulting in the case settling on appeal for $680,000.
We represented an African-American who, along with three other young African-Americans, was arrested and charged with murder. A jury convicted all three men. Two men, including our client, were sentenced to death and the other two to life in prison. Our client spent 16 years on death row before he was released. Investigation revealed that our client and the others had no involvement in the murders. Cook County agreed to settle the civil suit and paid the plaintiffs a total of $36,000,000.
Aviation
We represented a young boy who was on flight U232 and the estate of his deceased mother who was also aboard U232 when it crashed on a flight between Denver and Chicago. We reached a confidential settlement.
Wrongful Death
We represented the wife and sons of deceased Paul Lee who was thrown to his death by a 330-pound California State Fair bus driver. The state court jury trial resulted in a $3,500,000 verdict.
We represented the wife of the deceased. Dianne Mannon and her husband were run off the road by a U.S. Soil and Conservation worker. Dianne had a shoulder replacement and her husband was killed. We obtained a $1,600,000 settlement just prior to trial.
