Representative Cases
Mr. Allen has handled a broad range of personal injury cases throughout his 15 year career, including
car and truck accidents; complex medical malpractice and pharmaceutical negligence claims;
and construction accidents. Plaintiffs in these cases suffered injuries ranging from painful and debilitating strained/sprained backs and necks to catastrophic brain injuries and death. Mr. Allen has handled
over a thousand personal injury cases, and listed below are a few cases that represent the scope of Attorney John Allen's experience.
Premises Liability - Brain Injury from Near Drowning
Mr. Allen's client, a weak swimmer, nearly drowned when he slipped into the deep end of a hotel swimming pool. Life savers attempted to rescue Mr. Allen's client, but they were unable to find the required flotation device or life pole to assist in pulling the client out of the pool due to the intentional removal of the equipment by management. The client was under water and unconscious for over five minutes before the life savers could remove him from the pool and perform CPR. As a result of prolonged oxygen deprivation, the client suffered permanent and severe brain injuries.
Mr. Allen filed a lawsuit on behalf of his client alleging negligence, negligence per se and gross negligence against the pool operator/management company and property owner. After approximately 18 months of litigation, the case resulted in a financial settlement, with the amount being confidential, as requested by defendants. Mr. Allen employed financial professionals to manage his clients settlement funds in an effort to insure the funds were kept safe, secure, and would last through the clients lifetime.
Trucking Accident - Wrongful Death Caused by Negligent Truck Driver
Mr. Allen and his co-counsel represented the family of a 78 year old man killed on a rural highway when his car was struck, nearly head on, by a large garbage truck. The accident was investigated and reconstructed by the Texas Department of Public Safety, where it was determined that Mr. Allen's client made an improper u-turn,
and caused the catastrophic collision. Mr. Allen and his co-counsel hired experts in accident reconstruction and determined that the deceased did not make an improper u-turn, but that the truck crossed the center line into oncoming traffic striking the deceased's vehicle. On the day of trial the defendants made a take it or leave it offer of $125,000, to settle the case, which was rejected.
Despite the investigating officers testimony at trial that the accident was the fault of Mr. Allens client, and despite the only witness (the driver of the truck) testifying that the deceased u-turned improperly, the jury found unanimously for the Plaintiffs and awarded
over $800,000, in damages with interest and costs.
Defendants appealed the case to the Texas Supreme Court, but
the appellate courts refused to overturn Plaintiff's verdict. Also of note--the case was rejected by a nationally prominent personal injury attorney before the Plaintiffs found Mr. Allen and his co-counsel
to represent them.
Tire Defect - Spine and Shoulder Injury from Tire Failure and Resulting Roll-Over
Mr. Allen's client was severely injured when a defective tire on her vehicle lost its tread, causing the client to lose control of her vehicle, resulting in the vehicle rolling over. The tire had been subject to a recall, and Mr. Allen's client was not given notice. Mr. Allen filed a lawsuit on behalf of his client alleging product defect and negligence. The case settled without the necessity of trial, within 18 months of the lawsuit being filed.
Pharmaceutical Negligence - Stroke and Permanent Brain Injury Caused by Failure to Warn of the Increased Risks of Side Effects Associated with the Use of Defendants Product
Mr. Allen joined forces with another law firm to prosecute numerous cases against the maker of a pharmaceutical product where it was alleged the product increased the risk of serious side effects, in comparison to other equally effective and similar products, including the risk of stroke. One particular client suffered a severe and permanent brain injury from a stroke. Mr. Allen, in conjunction with other lawyers, assisted in the complex, detailed litigation, and the negotiated settlement
of the case for a confidential amount, as requested by the defendants.
Dental Malpractice - TMJ and Partial Dental Restoration as a Result of Negligent Dental Care
Mr. Allen's client suffered from Temporal Mandibular Disorder as a result of a dentists failure to adequately and competently treat the client in placing porcelain veneers. After
suffering pain and discomfort and being given false promises of repair and relief from the dentist, Mr. Allen filed a lawsuit on behalf of the client for dental malpractice. The client merely requested enough compensation to repair the substandard work, and after two years of litigation, the dentists insurance company would not offer more than $30,000.00, to resolve the case. After nearly one week of trial, the jury returned a verdict in excess of $400,000.
Medical Malpractice - Wrongful Death of Infant as a Result of Physicians Failure to Properly Diagnose
Mr. Allens clients were the parents of an infant that died after suffering from a misdiagnosed viral infection. Mr. Allen filed suit on behalf of the parents for the wrongful death of their six week old infant. The case resulted in a settlement for a confidential amount, as requested by defendant.
Construction Accident - Leg Amputation from the Careless Operation of Construction Equipment
Mr. Allens client lost his leg at the knee when he was run over by a person operating a large track-hoe. Mr. Allen filed suit on behalf of his client for the negligent operation of the track hoe, including failing to train and maintain spotters, and failure to keep a proper look out. The case resulted in a settlement
with the terms and amount being confidential, as requested by defendants.
Workplace Injury - Back Surgery Needed after On the Job Injury
Mr. Allens client severely injured his back when trying to perform his duties without adequate manpower. Mr. Allen and his co-counsel prosecuted a lawsuit on behalf of the client and immediately before trial defendant offered $5,000 to settle the case. After nearly a one week trial, a jury found for the Plaintiff and awarded $160,000, in damages.
Auto Accident - Internal Injuries from an Intersection Collision
Mr. Allen's client suffered life threatening internal injuries, including a dissection of the aortic valve, after a pick-up truck disregarded a traffic signal and t-boned Mr. Allen's client. Miraculously, despite the usually fatal injury suffered, Mr. Allen's 16-year old client lived. The medical bills incurred totaled nearly $300,000. Mr. Allen filed a lawsuit on behalf of his client, which resulted in a settlement for a confidential amount, as requested by defendants.
Of note, Mr. Allen made a claim against the hospital that treated his client, subsequent to the settlement of the negligence case, for declaratory judgment seeking to void any outstanding medical billing. Mr. Allen argued, on behalf of his client, that in lieu of submitting its bills to an applicable health insurer for a contracted rate, the hospital attempted to collect retail rates from the monies paid in settlement. Mr. Allen was successful in obtaining a significant reduction in the amount of outstanding medical bills. Mr. Allen also enlisted the help of financial professionals to insure that his clients funds would provide a complete college education, a home, and periodic payments at significant stages in his clients life.
Disclaimer: ***Results obtained depend on the facts of each case.
Past performance is no guarantee of future results.***
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