Recently filed lawsuits in Harris County, Texas courts include a negligence case against Southwest Airlines and a breach of contract/tortious interference case between law firms once hired by the same client.

#1 – Luis Antunez Rodriguez v. Southwest Airlines – Negligence

Passenger aboard Southwest Airlines flight says oxygen masks didn’t deploy

This case is brought by a man named Luis Antunez Rodriguez, who alleged that on March 5, 2023, he was a passenger aboard Southwest Airlines Flight 3923. At one point during the flight, the plaintiff alleges, smoke filled the cabin and the oxygen masks which would normally deploy in such a situation, did not do so – forcing Rodriguez and other passengers to attempt to pry their masks open.

“At all times relevant herein, defendants jointly and/or severally, directly and/or through their subsidiaries, employees, representatives, and/or agents, were at all material times acting in the course and scope of their authority as such employees, representatives or agents, were in charge of the maintenance, safety and/or custodial affairs of the premises and property in question, including the dangerous conditions complained of herein. The condition of the premises of which the defendants knew or should have known posed an unreasonable risk of harm. The defendants breached their duty of care by failing to ensure that the plane was in good working conditions,” the suit says.

“The conduct of defend constituted negligence as the term is understood in law and such negligent conduct was the proximate cause of the occurrence, injuries and damages to plaintiffs. Defendant’s negligent actions or omissions include, but are not limited to, one or more of the following non-exclusive particulars: Failing to provide and maintain a safe place for plaintiff; failing to adequately warn others or give notice, of the existence of the unreasonable dangerous condition; failing to inspect the aircraft for maintenance and/or safety purposes; failing to inspect oxygen masks for unreasonably unsafe or dangerous conditions and failing to inspect, discover and/or correct dangerous conditions in a safe and reasonable manner.”

The suit seeks unspecified damages, costs of court and any other relief to which the plaintiff may be justly entitled.

#2 – Kherkher Garcia, LLP v. Jonathan Chavarro Gomez Et.Al – Breach of Contract/Tortious Interference

Law firm claims former client breached his contract and hired another firm

This case is brought by a law firm named Kherkher Garcia, LLP against defendants Jonathan Chavarro Gomez and fellow law firm Glasheen Valles & Inderman – alleging that Gomez breached his contract with the plaintiff firm, and that the defendant firm committed tortious interference related to an underlying personal injury suit.

“In early September 2022, Jonathan Gomez was injured while performing work at the White Energy refinery in Plainview, Texas. Gomez suffered severe and life-threatening injuries, including amputation of his leg, as a result of negligence by White Energy. On Sept. 15, 2022, defendant Gomez signed a contingency fee contract with Kherkher Garcia, LLP for legal representation regarding his claims against those responsible for his injuries. That contract included a consent for Kherkher Garcia to associate with EY Law, PLLC. The contract assigned an interest in any recovery against those responsible for Gomez’s injuries to Kherkher Garcia, LLP and fee-sharing with EY Law, PLLC. Mr. Michael Evangelista-Ysasaga is a principal in EY Law, PLLC and a cousin of Mr. Gomez’s wife and the family reached out to him shortly after the underlying accident. Following the execution of the contract, Kherkher Garcia performed work and rendered services on behalf of Gomez,” the suit states.

“Later, Gomez informed Kherkher Garcia that he had a change of heart and no longer wanted to pursue the matter, and his wife informed EY Law of the same. No good cause existed for terminating Kherkher Garcia. Upon information and belief, the law firm of Glasheen Valles & Inderman, LLP contacted Gomez while he was still represented by Kherkher Garcia, in an effort to induce him to terminate Kherkher Garcia and hire them instead. On Sept. 12, 2023, Glasheen Valles, & Inderman, LLP filed a lawsuit on behalf of Gomez against White Energy, Inc., and Plainview Bioenergy, LLC (doing business as ‘White Energy’, and later included other defendants) for the injuries Gomez suffered at the refinery.”

The suit seeks actual damages, attorney’s fees, pre- and post-judgment interest, court costs, exemplary damages and all other relief to which plaintiff is justly entitled.

#3 – Nicole Alarcon Et.Al v. Aspire Fertility Institute, Inc. Et.Al – Negligence & Gross Negligence

Plaintiffs say fertility lab’s catastrophic failure resulted in destroyed embryos

This case is brought by Nicole Alarcon, Agustin Alarcon and four John/Jane Doe couples against Aspire Fertility Institute, Inc., Aspire Houston Fertility Institute and CooperSurgical, Inc.

“Aspire is a prominent fertility clinic with offices in Houston, Texas, known for providing assisted reproductive technology services, including in vitro fertilization. In February or March 2024, Aspire experienced a catastrophic failure in its laboratory operations at its Piney Point facility, resulting in the destruction of embryos which belonged to dozens of patients. Aspire has attributed this loss to a contaminated or defective freeze media, manufactured by defendant CooperSurgical, Inc., which was used during the vitrification process. Vitrification is a critical step in embryo preservation, intended to protect embryos during freezing and storage. The failure during this process led to a massive loss of viable embryos, with Aspire reporting an almost zero percent success rate on embryo transfers conducted during this period. Plaintiffs are informed and believe thereupon allege that CooperSurgical, Inc., is a manufacturer of a fertility laboratory products, including freeze medium, that it sells to fertility labs throughout the United States. The CooperSurgical product in question is a freeze medium called ‘SAGE.’ A freeze medium is a specialized solution used to preserve embryos, eggs or sperm at very low temperatures for future use. According to Aspire, a contamination or defect with this product is what caused the massive laboratory failure. If Aspire’s allegations are true, this would make disturbing pattern for CooperSurgical, which has had significant problems with other fertility products it manufactures and sells to fertility clinics. In 2023, CooperSurgical issued a recall for a defective culture medium called LifeGlobal global® Media, which is used in the initial ‘growing’ process of the embryo. This defective medium caused the destruction of embryos across the country,” the suit says.

“Despite knowing about the massive problem that was going on at the Piney Point lab beginning in February, Aspire failed to timely inform its patients that their embryos had been affected. Instead, Aspire’s personnel betrayed the trust of patients and continued to perform invasive embryo transfer procedures on patients, implanting embryos that were dead or dying, thereby exposing hopeful mothers to unnecessary medical risks and severe emotional distress. These patients were subjected to significant physical pain and psychological harm, experiencing profound heartbreak and anguish when their pregnancies failed. A few patients managed to achieve pregnancy despite the lab failure. However, these pregnancies may now be at an increased risk of miscarriage or complications due to potential health problems in the embryos caused by the lab error. These patients are now burdened with the uncertainty and anxiety of potential birth defects or developmental issues in their future children. Aspire owed a duty of care to its patients to ensure the safe handling and preservation of embryos. By using a defective freeze media, failing to promptly identify and rectify the problem, and continuing with transfer procedures despite knowledge of the compromised embryos, Aspire breached its duty to the plaintiffs. This negligence has resulted in devastating personal losses, physical and emotional suffering, and substantial financial burdens for the affected patients. Plaintiffs are informed and believe and thereupon allege that prominent OBGYN and fertility physician Jason Griffith, M.D. left Aspire in the wake of this disaster and due to Aspire’s unsafe practices and lack of transparency with its patients.”

The suit seeks judgment monetary relief of over $1,000,000 per plaintiff.

#4 – Janell Eliz Clarke (Representing the Estate of Miguel Angel Arellano, Deceased) Et.Al v. R&R Pipeline Construction & Repair, Inc. Et.Al – Negligence

Woman’s lawsuit says her husband died from preventable electrocution at work

This case is brought by Janell Eliz Clarke on the part of her late husband Miguel Angel Arellano, who died on May 14 of this year, due to electrocution-related injuries he suffered in an incident that happened at his workplace.

“On or about May 14, 2024, Miguel Angel Arellano was working at a ranch owned and operated by Charles Leslie Wallace Sr. (the ‘Wallace Ranch) when he was electrocuted by touching a forklift. The forklift was in contact with a fallen tree that was touching damaged power lines. Miguel Angel Arellano was trying to steady himself while crossing a ditch, by reaching out to grab the forklift when the electrocution occurred. Miguel Angel Arellano suffered immensely, and eventually died from the electrocution,” the suit states.

“Miguel Angel Arellano and other R&R Pipeline & Construction employees were instructed to clear brush and fallen trees at the Wallace Ranch after a storm [on May 14, 2024]. Per its website, R&R considers employee safety and health as one of its highest priorities. On the day of Mr. Arellano’s death, this priority was entirely neglected. R&R does not advertise themselves as having any experience doing work of the kind that Miguel Angel Arellano was instructed to do on the day of the accident. The R&R employees that were directed to work at the Wallace Ranch on May training or expertise to safely accomplish the work they were tasked with. The R&R employees that were directed to work at the Wallace Ranch on May 14, 2024, had no training or experience working around downed power lines. Defendants had no spotter in place to provide an extra set of eyes and ensure that there was no contact between the forklift, the fallen trees, and the power lines. This is in clear contravention of established industry custom and common sense. If a spotter was in place and had means to remain in constant contact with the equipment operator, then Miguel Angel Arellano would still be alive.”

The suit seeks judgment against the defendants, jointly and severally, in excess of $1 million in damages, together with pre-judgment and post-judgment interest, costs of court, and such other relief to which plaintiff may be entitled.

#5 – Jacqueline Ayala Et.Al v. Williams Brothers Construction Co., Inc. – Gross Negligence

Lawsuit says man was fatally crushed by trailer while he was changing tires

This case is brought by Jacqueline Ayala and Carlenis Jurado (individually and as heirs to Benigno Jurado), against Williams Brothers Co., Inc.

“This lawsuit is necessary because on Aug. 8, 2024, Benigno Jurado, who was employed by Williams, was tragically killed due to Williams’ gross negligence. Mr. Jurado was transporting a trailer loaded with a commercial power washer, when both tires on the trailer blew out. Mr. Jurado pulled over and attempted to change the tires on the trailer. Mr. Jurado was utilizing a jack provided by Williams. Unfortunately, the trailer came off the jack and landed on top of Mr. Jurado, killing him,” the suit says.

“Both the trailer and jack provided by Williams were not properly maintained and resulted in the collapse of the trailer, which killed Mr. Jurado. Mr. Jurado died due to Williams’ gross negligence while he was completing his job responsibilities. Thus, Williams’ gross negligence is the root cause for Mr. Jurado’s unfortunate demise.”

The suit seeks monetary damages in excess of $1,000,000, interest, costs and all other such relief to which plaintiff shows himself justly entitled.

From the Southeast Texas Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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