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Featured Case Results Kemmy Law Firm > Verdicts & Settlements

The following cases serve as examples of the results achieved. While we are proud of the significant and sizable recoveries we obtained for our clients, we are equally proud of the injustices we corrected where the harms were not as substantial, but important nonetheless---like getting Mr. Grover Parrott's insurance company to pay for his much needed back surgery (Parrott v. Humana, ERISA verdict).

The following cases are examples and do not serve as a guarantee.
Results vary from case to case.

Medical Malpractice
Verdicts & Settlements

Detrick vs Regent Care (2018)

  • Case Type - Nursing Home Negligence
  • Result -  $13,885,000 Verdict
  • Attorneys - Tom Kemmy (Lead Counsel) and Daniel Kemmy (Co-Counsel)
  • Facts - Professor Detrick was admitted to Regent Care, a skilled nursing facility, on November 26, 2013, to receive care for a groin rash that was preventing his hip surgery. He left Regent Care on December 9, 2013, suffering from permanent paraplegia and permanent incontinence. Detrick alleged, and the jury found, Regent Care’s nurses were negligent in failing to promptly notify Detrick’s treating physicians of a significant change in his condition, resulting in delay in diagnosing and treating a spinal tumor that ultimately caused Detrick to suffer permanent paralysis and incontinence. The jury held Regent Care responsible and awarded Professor Detrick $13,885,000 in damages.

Johnson vs. Defendant Hospital (2017)

  • Case Type - Medical Malpractice; Hospital Negligence
  • Result- $3,000,000 Settlement
  • Attorney(s) - Tom Kemmy and Curtis L. Cukjati (Martin, Cukjati & Tom, LLP)
  • Facts - In March 2017, we obtained a $3,000,000 settlement on behalf of our Client who was paralyzed in an Iowa state hospital after his treating physicians failed to fully investigate the life-threatening bleeding in his GI tract. The result of this case now serves to protect future patients by helping change the hospital's dangerous policies.

Kyra Stevens v. University Health Science Center (2011)

  • Case Type – Medical Malpracitce
  • Result – $400,000 Verdict
  • Attorney – Tom Kemmy
  • Facts – A resident physician made a medication error that resulted in loss of skin tissue and muscle to Kyra's left leg, according to the suit. Defendant denied both liability and causation of injury. The jury returned a verdict for Kyra and allowed damages of approximately $400,000 for her disfigurement and injury. The verdict was reduced by the damage limitations found in the Texas Tort Claims Act, and the case was settled on appeal for a confidential amount.

Leo Ofczarzak v. Emeritus Corporation (2005) 

  • Case Type – Wrongful Death
  • Result – $19,400,000 Verdict
  • Attorneys - Janice Maloney (Lead Counsel) / Tom Kemmy
    Facts – A 77 year old woman was admitted to the Alzheimer's Unit of an assisted living center owned by Emeritus. On at least two occasions she was beaten by a fellow Alzheimer resident known to have past violent outbursts. On the last altercation, Plaintiff suffered a fatal head injury. Plaintiff claimed that Emeritus accepted and retained persons unfit for assisted living because their census was low and they were trying to fill Medicare funded beds. The jury allowed compensatory damages of $1.4 million dollars and punitive damages of $18 million dollars. The case was appealed by the Defendant on several grounds, including a claim that the punitive damage award exceeded the amounts allowable pursuant to the statutory and common law limitations on punitive damages. The case settled on appeal for a confidential amount.

Personal Injury
Verdicts & Settlements

Michelle Ditoma v. Nursing Home 1 and Nursing Home 2 (2014)

  • Case Type - Injury and Wrongful Death
  • Result -  Confidential settlement for Plaintiff
  • Attorney(s) - Tom Kemmy
  • Facts - 50 year old bed-bound patient with profound brain injury developed pressure ulcers at Nursing Home 1, for which she underwent flap surgery. After months at Nursing Home 2, she developed an additional pressure ulcer and died from infection. Plaintiffs claimed that the bed sores were avoidable, and were the result of lack of attention and care. Case settled for confidential amounts.

Maria Guerra v. Defendant Hospital and Hospitalist Physicians (2014)

  • Case Type - Personal Injury
  • Result - Confidential Settlement for Plaintiff
  • Attorneys - Tom Kemmy and Waylon Allen
  • Facts - 79 year old woman with back pain enters hospital, and for 48 hours deteriorates to point where she is unable to feel her legs. Plaintiff alleged physicians and nurses failed to communicate about changes in condition and failed to investigate cause of back pain-a hematoma pressing against the spinal cord. Plaintiff suffered decreased use of legs and incontinence injury. Case settled for confidential amount.

Delfino Beltran v. Matthew's Marine and D.T. Read Steel (2009)

  • Case Type - Wrongful Death; Job Site; Construction
  • Result - Confidential Settlement
  • Attorney - Tom Kemmy
    Facts - Delfino Beltran fell to his death and drowned when trapped under a cement column while working on the Bay St. Louis Bridge near Gulfport Mississippi. Delfino was the sole provider for his wife and four children, all citizens and residents of San Luis Potosi, Mexico. Plaintiffs claimed that numerous safety rules were violated in an effort to speed up the project for an early-completion bonus. When the case settled, funds were set aside in an annuity for the support and education of the Beltran children.

Claudia Cain v. Bartlett Cocke Construction and Moore Erection (2008)

  • Case Type - Wrongful Death; Job Site; Construction
  • Result - Confidential Settlement
  • Attorney - Tom Kemmy
  • Scott Cain was a hard-working construction worker who supported his wife and three children by working on a crew that erects steel building structures. Scott was working 40 feet off the ground tethered to a Genie Man Lift, when the machine tipped over and carried Scott to his death. Before the Cain family hired the Kemmy firm, their case had actually been filed and prosecuted for a year, and then voluntarily dismissed by one of the leading plaintiff's firms in South Texas, because of the belief that there was no hope of recovery. Suit was re-filed by the Kemmy firm just prior to the statute of limitations. After an extensive investigation, witnesses were discovered who supported Plaintiff's contention that Scott was ordered to operate the Genie Lift under extremely dangerous circumstances and in violation of countless safety rules. The case was successfully resolved for a confidential amount, and Scott's wife and children received funds to help offset the substantial harms and losses caused by grossly negligent conduct.

Elbert Smith v. Texas Home Health of America (2008)

  • Case Type - Wrongful Death
  • Result - Confidential Settlement
  • Attorney - Tom Kemmy
  • Elbert Smith, age 81, died in a fire when his home burned down. The house caught fire because bed-ridden Elbert was smoking in bed at the same time he was receiving oxygen by nasal cannula. Two prominent law firms investigated Elbert's death and declined the case based on Elbert's own negligent conduct. The Kemmy firm investigated the case and learned that a home-health attendant, also a smoker, gave Elbert the cigarette, then immediately ended his shift early and left Elbert alone in the house--with the cigarette and the oxygen tank. Prior to mediation Defendant produced its $1 Million dollar insurance policy. At mediation, Defendant produced an additional $1 Million dollar umbrella policy. Elbert's family only agreed to settle after a payment (confidential) that they believe will assure this kind of conduct will not happen again.

Maggie Dutton v. Pickenpaugh (2007)

  • Case Type - Personal Injury; Auto-Accident; Underinsured/Uninsured Motorist
  • Result -$180,000 Verdict
  • Attorney - Tom Kemmy
  • Facts - Maggie hurt her spine in a car wreck and the guilty driver only had $20,000 in insurance.
    The insurance carrier refused to pay Maggie the $20,000 policy limit, and instead claimed it was not their driver's fault and Maggie was not hurt. At trial, the insurance company belatedly offered its policy limits, but Maggie declined. The jury returned a verdict for Maggie for just under Two Hundred Thousand dollars to help offset her harms and losses. The case settled on appeal for a confidential amount.

Adams, a minor child v. YMCA (2004)

  • Case Type – Personal injury; Sexual Assault
  • Result – $500,000 Verdict
  • Attorneys – Pat Maloney, Jr. (Lead Counsel) / Tom Kemmy
    A male camp counselor engaged in inappropriate sexual contact with a minor child. The jury returned a verdict for $500,000.00 for future mental anguish. The case was appealed by the YMCA on an evidentiary issue challenging the future mental anguish damages. The Texas Supreme Court published an opinion that affirmed the award of future mental anguish, and acknowledged the particular suppressive nature surrounding mental anguish in child abuse cases. The opinion helps ensure the recovery of damages for mental anguish for abused children throughout Texas. See Adams. v. YMCA, 265 S.W. 3d 915 (Tex. 2008).

Doe and Doe, minor children v. ABCD youth camp (2001)

  • Case Type – Personal injury; Sexual Assault
  • Result – Confidential settlement
  • Attorneys – Pat Maloney, Jr. (Lead Counsel) / Tom Kemmy
    Facts – Several boys attending the ABCD youth camp were sexually molested by a male camp counselor over the course of the summer. The camp counselor was previously fired by another youth camp for inappropriate behavior. The Plaintiffs claimed that internal documents belonging to ABCD Camp showing that ABCD knew pedophiles frequently sought employment at youth camps, and ABCD was warned of specific red flags to watch for, but ignored the pending danger. The Plaintiffs sought actual and punitive damages for the grossly negligent hiring and supervision of the pedophile counselor. The case settled on the second day of trial for a confidential amount. Every child received an annuity to assist him with his future needs as a result of the unnecessary harm inflicted.

Business Torts
Verdicts & Settlements

Vesmor v. El Paso Production (2010)

  • Case Type – Breach of Oil and Gas Royalty Payment
  • Result – Confidential Settlement
  • Attorney – Tom Kemmy
  • Facts – Vesmor is a family owned company that owns mineral rights involving properties in South Texas. Plaintiffs discovered that on one of the properties where it owned a mineral interest, El Paso Production was producing oil and paying royalties to someone else. Plaintiff's claimed that there was a 30 year old forged deed in their chain of title and the family of the forger was receiving royalty payments belonging to Vesmor. Plaintiff's sued to re-establish title to their mineral rights and also sought to recover approximately $1 Million dollars in royalty payments that were paid to the forger's heirs. The case was resolved when title was restored and royalty payments were recovered in confidential amounts.

Larry Adelman v. Ram Stores, Inc. (2002)

  • Case Type – Toxic Tort; Chemical Spill
  • Result: Confidential Settlement;
  • Attorneys – Pat Maloney, Jr. (Lead Counsel) / Tom Kemmy
    Facts – Over 40 home owners living in the same neighborhood claimed they had their underground water supply contaminated by a 1000 gallon gasoline spill at the nearby Ram Store. Each home had its own private well as its water source, and gasoline was coming out of the kitchen faucets. Plaintiffs claimed the contamination was the result of faulty construction at the Ram store and Ram's failure to timely respond to the spill. Although RAM spent $3 million in remediation costs, the homeowners sought damages for loss of property values in the neighborhood in amounts greatly in excess of the $3 million remediation costs. The case settled for a confidential amount before trial.

Trinity Retirement Living Foundation v. Highlands Insurance Company 

  • Case Type – Bad faith denial of construction bond benefits.
  • Results – Confidential settlement on 2nd day of trial.
  • Attorneys - Tom Kemmy and Lewin Plunkett.
  • Facts – Highlands Insurance Company issued an $11 million performance bond promising to complete the construction of an assisted living campus, in the event the general contractor failed to complete the project. When the general contractor defaulted, Highlands refused to tender the $5 million the Plaintiff claimed was necessary to cure the construction defects and complete the construction project. Trinity sued for the insurance benefits required to complete the Project, and additionally sought treble damages for bad faith denial of the insurance benefits. The case settled on the second day of trial and Trinity repaired and completed the project.

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San Antonio, Texas 78212
Phone: (210) 735-2233
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