Thomas, Means, Gillis & Seay, PC - Birmingham, AL: Our Areas of Practice
Our Areas of Practice
Thomas, Means, Gillis & Seay, P.C.’s reputation as an outstanding civil litigation firm is widely known and recognized in the legal community. In building this reputation, TMG&S has always strived to represent its clients with the highest degree of professionalism and to provide the highest quality of legal services. TMG&S takes pride in representing both the mainstream and the underserved communities in our society. Our firm has handled some of the most challenging and notable plaintiff and defense cases tried in the southern United States for more than a quarter of a century.
A Few of Our Areas of Practice Include But is Not Limited To:
Personal Injury
Wrongful Death
Bus, Truck & Commercial Vehicle Accidents
Automobile, SUV & Motorcycle Accidents
Nursing Home Abuse & Neglect
Social Security Disability
Apartment Complex
Home and Hotel Cases
Defective Products
Medical Malpractice
Estate Planning
Contracts
Employment Law
Government Law
Education Law
Listed below are a few recoveries and testimonials of our firm's actual cases in a specific area of practice. Please note that these recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.
NURSING HOME ABUSE CASES:
Actual Case Example 1:
A nursing home resident was physically abused by one of the employees of the nursing home. We were able to prove a pattern of abuse and neglect of the nursing home resident.
Actual Case Example 2:
A nursing home resident died of aspiration pneumonia caused by the nursing home’s failure to prove appropriate treatment and services for a patient who was fed by a nasal gastric tube. We were also able to prove a patter of abuse and neglect of this patient.
Actual Case Example 3:
A nursing home resident died from sepsis related to pressure sores received at a nursing home. We were able to prove that the nursing home failed to provide the treatment and services necessary to prevent the development of pressure sores and further failed to treat and provide services to heal pressure sores developed while a resident at the nursing home. We were also able to prove a pattern of abuse and neglect.
Actual Case Example 4:
We obtained a settlement for our client whose mother died of sepsis caused by bed sores and urinary tract infections while in a nursing home.
HEALTH PROVIDER & FRAUD CASES
Actual Case Example 1:
Our client was told by physicians at a hospital that she would deliver her third child vaginally and with the assistance of a nurse mid-wife rather than a doctor despite the fact that her second child was delivered by way of Cesarean section. Despite obvious signs of fetal distress on the fetal heart monitor, the nurse midwife negligently failed to recognize that our client’s uterus had ruptured and that placental abruption had occurred. The baby was delivered with catastrophic birth injuries by way of Cesarean section. The case settled because we were able to show that the hospital was negligent in forcing our client to have a vaginal delivery without the care of a physician.
Actual Case Example 2:
A well-known health insurer sold outpatient riders to its health insurance policy. Hidden within the fine print of the insurance contract was a provision that the policy would only pay if the insured incurred a “room charge” during outpatient visits. We were able to prove that the insurer knew that its insured would not have a room charge during the course of an outpatient visit.
PRODUCTS LIABILITY (DEFECTIVE PRODUCTS) CASES
Actual Case Example1:
Defective Water Heater Case
Our Clients purchased a water heater and attached it to an LP gas system. The gas water heater was made for natural gas, but did not include a warning of the difference between LP gas and natural gas. The company that old the unit advertised that the hot water heater could not be installed by the consumer. We were able to prove that there is a difference in the way LP gas and natural gas combust. We were also able to prove that without proper instructions, hot water heaters could not be easily installed. Evidence we uncovered also showed that the LP gas company negligently inspected the installation of the hot water heater. As a result of the negligence of the LP gas company, and because of the negligent design and warning of the hot water heater, one family member died and four others were seriously injured.
Actual Case Example 2: Defective Skylight Case
A worker at an industrial site fell through a skylight and suffered catastrophic injury. The skylight was improperly designed, installed and maintained.
Actual Case Example 3: Apartment Complex Carbon Monoxide Poisoning Cases
Two people died from carbon monoxide poisoning caused by a water heater that was defective and improperly maintained. Although the family occupying the apartment had called the gas company to inspect the water heater, it was not brought up to working order.
We filed a lawsuit on behalf of the family of the two people who died and were able to prove that the owner of the apartment complex was negligent in the maintenance of the water heater and that the gas company was negligent in its inspection of the water heater.
Actual Case Example 4: Apartment Complex Carbon Monoxide Poisoning Cases
A family of three rented an apartment house that was governed by the federal government Section 8 program. The family died one evening from carbon monoxide poisoning because a space heater had been vented into a capped off chimney. The carbon monoxide (product of combustion) was unable to escape through the chimney and was returned into the family’s bedroom. We were able to prove that the landlord negligently capped the chimney, that the housing authority negligently inspected the apartment for occupation and that the gas company negligently inspected the space heater and venting system.
Actual Case Example 5: Defective Tire Case
The rear wheel tandem of a commercial dump truck disengaged and rolled over a pedestrian and fatally injured him in the presence of his minor child. We were able to prove that the trucking company negligently performed its pre-trip inspection and also, that the tire service center that serviced the wheel negligently stripped its mounting lugs.
Actual Case Example 6: Rollover Case
Two people were killed as a result of injuries suffered in a conversion van rollover. We were able to prove that the van manufacturer failed to manufacture, test and assemble conversion vans that were safe for use. Specifically, the conversion van used a window system that would pop out upon impact thereby allowing its occupants to be ejected and killed.
Actual Case Example 7: Hotel Pool Injury Case
A Georgia high school student on a band trip suffered severe brain injury when he almost drowned in a hotel swimming pool in Texas. The hotel negligently failed to properly maintain the pool. The water in the pool had become so cloudy that efforts to rescue the student were delayed for critical minutes. We were able to prove that the hotel’s negligence in failing to properly maintain the pool delayed timely rescue attempts resulting in the student’s catastrophic brain injury.
Actual Case Example 8: Aircraft Case
An Alabama native soldier stationed at Ft. Campbell, KY died in an airplane crash in
Newfoundland, Canada. We were able to prove that the airplane crash was caused by an improperly maintained aircraft. We were also able to prove that the crew of the airplane failed to properly de-ice the plane before take off.
Actual Case Example 9: Apartment Complex Fire Cases
An eight-year-old was killed in a fire in an apartment complex that had not been built in compliance with existing fire codes and standards. Through our aggressive investigation
of the incident, we were able to prove that the apartment complex did not have a fire sprinkler system or a secondary means of exit as required by the applicable fire code and standards. The absence of a sprinkler system and a secondary means of exit prevented the eight-year-old from escaping the flames.
Actual Case Example 10: Apartment Complex Fire Case
A handicapped man was trapped in an apartment complex fire and burned to death. In this case, we were able to prove that the apartments in the complex were not equipped with working smoke detectors or a sprinkler system and that burglar bars on the windows blocked the secondary means of exit from the apartments.
PERSONAL INJURY CASES
Actual Case Example 1: Automobile Accident Case
The driver of an automobile was catastrophically injured when the automobile rolled over and its roof crushed him causing a serious spinal injury. We were able to prove that the automobile manufacturer improperly designed and manufactured this type automobile.
The driver of an automobile was catastrophically injured when his vehicle rolled over and he was ejected from the vehicle. We were able to prove that the injuries occurred as a result of the vehicle manufacturer’s decision to install a defective door latch that would fly open during impact.
Actual Case Example 2: SUV Accident Case
The driver of a sport utility vehicle (SUV) was killed and is two young sons were injured when his SUV rolled over after he attempted to avoid striking a clothes dryer that had not been properly secured in the bed of a pick up truck after it was purchased at a department store. We were able to prove that the department store was negligent in failing to secure the dryer before the truck left its premises and also that the roof structures of the SUV were not properly designed to withstand the forces of a foreseeable rollover accident.
Actual Case Example 3: Drunk Driving Case
Two teenagers were fatally injured following a rear-end collision with a drunk driver. We were able to prove that the drunk driver caused the wreck that fatally injured the two teenagers.
Actual Case Example 4: SUV Rollover Case
The driver of a sport utility vehicle (SUV) suffered catastrophic head injuries and died several days later after the roof of his vehicle collapsed in a rollover accident. The rollover occurred when he attempted to avoid striking another vehicle that pulled into his path. We were able to prove that the manufacturer of the SUV failed to design the roof structures of the vehicle in such a way that they would withstand the forces of a foreseeable rollover accident.
Actual Case Example 5: Automobile Fire Case
We were hired to represent a Florida Highway Patrol officer who suffered second and third degree burns over some sixty percent (60%) of her body when her patrol car burst into flames after it was rear-ended by a drunk driver. An obstacle we faced was the officer’s previous lawyer’s failure to preserve the car as evidence. The manufacturer of the patrol car settled the case after we obtained evidence that it knew that the vehicle was susceptible to post collision fuel fed fires, but failed to relocate the fuel tank from a position behind the rear axle to a position between the front and rear axles. In the face of this evidence, the company offered a pretrial settlement.
Actual Case Example 6: 18 Wheeler Case
A three-year old child was struck and fatally injured by an 18-wheeler while she crossed the street. Through the aggressive use of discovery, we were able to prove that the driver of the truck had driven excessive mileage and was suffering from fatigue at the time of the accident. We were also able to show that because of his fatigued condition, the driver failed to maintain a proper lookout while driving through an urban area frequented by shoppers and their children.
Actual Case Example 7: 18 Wheeler Case
Our client’s loved one was the driver of a car carrying four (4) other people. He was killed when an 18-wheeler performed in improper lane change and struck the vehicle he was driving. The case settled after we were able to prove that the driver of the 18-wheeler was fatigued and had not been properly supervised and trained.
Actual Case Example 8: SUV & Commercial Vehicle Case
Our client, a successful professional, suffered numerous catastrophic injuries when her SUV was struck head on by a large truck driven by the employee of a large asphalt company.
Through the use of aggressive discovery tactics, we were able to determine that the company was negligent in failing to properly train the employee, who had a very unsafe driving record and had demonstrated that he was irresponsible. The case settled prior to trial.
Actual Case Example 9: Trucking Case
A Mississippi 18-wheeler fatally injured a young couple on I-65 near Bowling Green, KY. We were able to prove that the trucking company hired an incompetent truck driver who failed to adequately do pre-trip inspections, falsified truck logs and was otherwise fatigued. We were able to prove the truck driver was driving at an excessive speed causing him to pull over into the median and broadside this young couple.
A Few of Our Areas of Practice Include But is Not Limited To:
Personal Injury
Wrongful Death
Bus, Truck & Commercial Vehicle Accidents
Automobile, SUV & Motorcycle Accidents
Nursing Home Abuse & Neglect
Social Security Disability
Apartment Complex
Home and Hotel Cases
Defective Products
Medical Malpractice
Estate Planning
Contracts
Employment Law
Government Law
Education Law
Listed below are a few recoveries and testimonials of our firm's actual cases in a specific area of practice. Please note that these recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.
NURSING HOME ABUSE CASES:
Actual Case Example 1:
A nursing home resident was physically abused by one of the employees of the nursing home. We were able to prove a pattern of abuse and neglect of the nursing home resident.
Actual Case Example 2:
A nursing home resident died of aspiration pneumonia caused by the nursing home’s failure to prove appropriate treatment and services for a patient who was fed by a nasal gastric tube. We were also able to prove a patter of abuse and neglect of this patient.
Actual Case Example 3:
A nursing home resident died from sepsis related to pressure sores received at a nursing home. We were able to prove that the nursing home failed to provide the treatment and services necessary to prevent the development of pressure sores and further failed to treat and provide services to heal pressure sores developed while a resident at the nursing home. We were also able to prove a pattern of abuse and neglect.
Actual Case Example 4:
We obtained a settlement for our client whose mother died of sepsis caused by bed sores and urinary tract infections while in a nursing home.
HEALTH PROVIDER & FRAUD CASES
Actual Case Example 1:
Our client was told by physicians at a hospital that she would deliver her third child vaginally and with the assistance of a nurse mid-wife rather than a doctor despite the fact that her second child was delivered by way of Cesarean section. Despite obvious signs of fetal distress on the fetal heart monitor, the nurse midwife negligently failed to recognize that our client’s uterus had ruptured and that placental abruption had occurred. The baby was delivered with catastrophic birth injuries by way of Cesarean section. The case settled because we were able to show that the hospital was negligent in forcing our client to have a vaginal delivery without the care of a physician.
Actual Case Example 2:
A well-known health insurer sold outpatient riders to its health insurance policy. Hidden within the fine print of the insurance contract was a provision that the policy would only pay if the insured incurred a “room charge” during outpatient visits. We were able to prove that the insurer knew that its insured would not have a room charge during the course of an outpatient visit.
PRODUCTS LIABILITY (DEFECTIVE PRODUCTS) CASES
Actual Case Example1:
Defective Water Heater Case
Our Clients purchased a water heater and attached it to an LP gas system. The gas water heater was made for natural gas, but did not include a warning of the difference between LP gas and natural gas. The company that old the unit advertised that the hot water heater could not be installed by the consumer. We were able to prove that there is a difference in the way LP gas and natural gas combust. We were also able to prove that without proper instructions, hot water heaters could not be easily installed. Evidence we uncovered also showed that the LP gas company negligently inspected the installation of the hot water heater. As a result of the negligence of the LP gas company, and because of the negligent design and warning of the hot water heater, one family member died and four others were seriously injured.
Actual Case Example 2: Defective Skylight Case
A worker at an industrial site fell through a skylight and suffered catastrophic injury. The skylight was improperly designed, installed and maintained.
Actual Case Example 3: Apartment Complex Carbon Monoxide Poisoning Cases
Two people died from carbon monoxide poisoning caused by a water heater that was defective and improperly maintained. Although the family occupying the apartment had called the gas company to inspect the water heater, it was not brought up to working order.
We filed a lawsuit on behalf of the family of the two people who died and were able to prove that the owner of the apartment complex was negligent in the maintenance of the water heater and that the gas company was negligent in its inspection of the water heater.
Actual Case Example 4: Apartment Complex Carbon Monoxide Poisoning Cases
A family of three rented an apartment house that was governed by the federal government Section 8 program. The family died one evening from carbon monoxide poisoning because a space heater had been vented into a capped off chimney. The carbon monoxide (product of combustion) was unable to escape through the chimney and was returned into the family’s bedroom. We were able to prove that the landlord negligently capped the chimney, that the housing authority negligently inspected the apartment for occupation and that the gas company negligently inspected the space heater and venting system.
Actual Case Example 5: Defective Tire Case
The rear wheel tandem of a commercial dump truck disengaged and rolled over a pedestrian and fatally injured him in the presence of his minor child. We were able to prove that the trucking company negligently performed its pre-trip inspection and also, that the tire service center that serviced the wheel negligently stripped its mounting lugs.
Actual Case Example 6: Rollover Case
Two people were killed as a result of injuries suffered in a conversion van rollover. We were able to prove that the van manufacturer failed to manufacture, test and assemble conversion vans that were safe for use. Specifically, the conversion van used a window system that would pop out upon impact thereby allowing its occupants to be ejected and killed.
Actual Case Example 7: Hotel Pool Injury Case
A Georgia high school student on a band trip suffered severe brain injury when he almost drowned in a hotel swimming pool in Texas. The hotel negligently failed to properly maintain the pool. The water in the pool had become so cloudy that efforts to rescue the student were delayed for critical minutes. We were able to prove that the hotel’s negligence in failing to properly maintain the pool delayed timely rescue attempts resulting in the student’s catastrophic brain injury.
Actual Case Example 8: Aircraft Case
An Alabama native soldier stationed at Ft. Campbell, KY died in an airplane crash in
Newfoundland, Canada. We were able to prove that the airplane crash was caused by an improperly maintained aircraft. We were also able to prove that the crew of the airplane failed to properly de-ice the plane before take off.
Actual Case Example 9: Apartment Complex Fire Cases
An eight-year-old was killed in a fire in an apartment complex that had not been built in compliance with existing fire codes and standards. Through our aggressive investigation
of the incident, we were able to prove that the apartment complex did not have a fire sprinkler system or a secondary means of exit as required by the applicable fire code and standards. The absence of a sprinkler system and a secondary means of exit prevented the eight-year-old from escaping the flames.
Actual Case Example 10: Apartment Complex Fire Case
A handicapped man was trapped in an apartment complex fire and burned to death. In this case, we were able to prove that the apartments in the complex were not equipped with working smoke detectors or a sprinkler system and that burglar bars on the windows blocked the secondary means of exit from the apartments.
PERSONAL INJURY CASES
Actual Case Example 1: Automobile Accident Case
The driver of an automobile was catastrophically injured when the automobile rolled over and its roof crushed him causing a serious spinal injury. We were able to prove that the automobile manufacturer improperly designed and manufactured this type automobile.
The driver of an automobile was catastrophically injured when his vehicle rolled over and he was ejected from the vehicle. We were able to prove that the injuries occurred as a result of the vehicle manufacturer’s decision to install a defective door latch that would fly open during impact.
Actual Case Example 2: SUV Accident Case
The driver of a sport utility vehicle (SUV) was killed and is two young sons were injured when his SUV rolled over after he attempted to avoid striking a clothes dryer that had not been properly secured in the bed of a pick up truck after it was purchased at a department store. We were able to prove that the department store was negligent in failing to secure the dryer before the truck left its premises and also that the roof structures of the SUV were not properly designed to withstand the forces of a foreseeable rollover accident.
Actual Case Example 3: Drunk Driving Case
Two teenagers were fatally injured following a rear-end collision with a drunk driver. We were able to prove that the drunk driver caused the wreck that fatally injured the two teenagers.
Actual Case Example 4: SUV Rollover Case
The driver of a sport utility vehicle (SUV) suffered catastrophic head injuries and died several days later after the roof of his vehicle collapsed in a rollover accident. The rollover occurred when he attempted to avoid striking another vehicle that pulled into his path. We were able to prove that the manufacturer of the SUV failed to design the roof structures of the vehicle in such a way that they would withstand the forces of a foreseeable rollover accident.
Actual Case Example 5: Automobile Fire Case
We were hired to represent a Florida Highway Patrol officer who suffered second and third degree burns over some sixty percent (60%) of her body when her patrol car burst into flames after it was rear-ended by a drunk driver. An obstacle we faced was the officer’s previous lawyer’s failure to preserve the car as evidence. The manufacturer of the patrol car settled the case after we obtained evidence that it knew that the vehicle was susceptible to post collision fuel fed fires, but failed to relocate the fuel tank from a position behind the rear axle to a position between the front and rear axles. In the face of this evidence, the company offered a pretrial settlement.
Actual Case Example 6: 18 Wheeler Case
A three-year old child was struck and fatally injured by an 18-wheeler while she crossed the street. Through the aggressive use of discovery, we were able to prove that the driver of the truck had driven excessive mileage and was suffering from fatigue at the time of the accident. We were also able to show that because of his fatigued condition, the driver failed to maintain a proper lookout while driving through an urban area frequented by shoppers and their children.
Actual Case Example 7: 18 Wheeler Case
Our client’s loved one was the driver of a car carrying four (4) other people. He was killed when an 18-wheeler performed in improper lane change and struck the vehicle he was driving. The case settled after we were able to prove that the driver of the 18-wheeler was fatigued and had not been properly supervised and trained.
Actual Case Example 8: SUV & Commercial Vehicle Case
Our client, a successful professional, suffered numerous catastrophic injuries when her SUV was struck head on by a large truck driven by the employee of a large asphalt company.
Through the use of aggressive discovery tactics, we were able to determine that the company was negligent in failing to properly train the employee, who had a very unsafe driving record and had demonstrated that he was irresponsible. The case settled prior to trial.
Actual Case Example 9: Trucking Case
A Mississippi 18-wheeler fatally injured a young couple on I-65 near Bowling Green, KY. We were able to prove that the trucking company hired an incompetent truck driver who failed to adequately do pre-trip inspections, falsified truck logs and was otherwise fatigued. We were able to prove the truck driver was driving at an excessive speed causing him to pull over into the median and broadside this young couple.
Thomas, Means, Gillis and Seay, P.C. Practice Areas