Burn Victim Sues Chinese Phone Subsidiary ZTE USA Over House Fire

Attorneys at Texas-based Deans & Lyons and Brian Branch of New Mexico are suing ZTE USA, the domestic subsidiary of the Chinese cell phone company ZTE Corp., on behalf of a New Mexico man who suffered life-altering burn injuries he attributed to his recently purchased ZTE ZMax Pro Blu phone catching fire while he slept.

According to a release from the firm, the fire occurred after Jose Perez of Bernalillo County, New Mexico, plugged in the phone he had bought just weeks earlier, placing it beside his bed to charge. According to the lawsuit, the phone overheated and ignited while he slept. Perez sustained second- and third-degree burns that left him in critical condition. Still hospitalized nearly nine months later, Perez has had multiple surgeries and skin grafts, and is permanently disabled.

“We believe this phone was dangerous and the manufacturer knew it,” said Deans & Lyons co-founder Michael Lyons, who represents Perez. “We can demonstrate that this phone did not meet recognized industry standards concerning its Chinese manufactured lithium ion battery and its charging system.”

The suit alleges the ZTE phone uses a non-standard, terraced-cell design with non-compliant overhang between the electrodes, leaving it susceptible to overheating, exponentially increasing fire risks, according to the lawsuit.

“Cutting corners is an extension of ZTE’s corporate conduct that includes misappropriation of U.S. intellectual property, lying to the U.S. Government, and, according to the Pentagon, threatening the security of the United States. We intend to hold them accountable for this tragedy,” said Lyons.

The lawsuit, filed July 23, is Jose Antonio Perez v. ZTE (USA), Inc., MetroPCS Texas, LLC, and Ultimate Wireless CSR, LLC, Cause No. D-101-CV-2018-02167 in New Mexico’s First Judicial District Court in Santa Fe County.

 

 




US Duck Boat Operators Under Scrutiny Following Branson Drowning Tragedy

A common attraction at major U.S. waterfronts and tourist destinations, the amphibious WWII-era vehicles known as Duck Boats have a long record of design flaws that make them unstable in rough water with often tragic results, according to a post on the web site of Androvett Legal Media & Marketing.

When a sightseeing boat in Branson, Missouri, sank last week in a sudden storm, killing 17, the tour company’s president acknowledged that the boat should not have been on the water during the storm. Safety experts renewed criticism of the boat’s unstable design, including a canopy that can prevent occupants from escaping. More than 40 people have died in Duck Boat accidents since 1999.

“The problems with these boats are well-known. This latest tragedy should spur operators everywhere to take a close look at safety procedures and design issues and ensure that personnel are properly trained to respond to emergencies,” said Steve Fernelius of Houston-based Fernelius Simon, who represents plaintiffs and defendants in personal injury and product liability litigation. “This tragedy must prompt operators to re-examine procedures to ensure there is no chance passengers will be caught in rough water. As these tragic deaths continue to be associated with Duck Boats, the potential liability for operators continues to grow.”

 

 




Dallas’ Charla Aldous Earns Lifetime Achievement Award, Other Honors

Charla AldousProminent trial lawyer Charla Aldous of Dallas’ Aldous\Walker has been named one of 22 recipients of Texas Lawyer newspaper’s 2015 Lifetime Achievement Award. The honorees are described by the legal news publication as lawyers “who have made their mark on the legal profession in the Lone Star State.”

She also was named recently to the Board of Trustees for Austin College in Sherman, where she earned a B.A. in 1982. The Board of Trustees is responsible for all operations of the college located in Sherman. Aldous is recognized among the school’s Distinguished Alumni.

“I am so honored to be able to serve Austin College, the place that set me on the path I’m on today,” she says. “And I will always be grateful.”

In addition to the Texas Lawyer and Austin College recognitions, the publishers of D CEO magazine named her as one of only six personal injury lawyers recognized in the Dallas 500, the inaugural publication devoted to the city’s top business leaders from various industries. The list was compiled by D CEO after more than a year of research that included a review of corporate rankings, input from industry experts and analysts, and a final analysis by the publication’s editors.

In a profile story, Texas Lawyer notes Aldous’ history of commitment to underdogs facing long odds. Among the clients she has championed are:

  • A group of 176 North Carolina residents challenging oil giant Conoco over water contamination;
  • A whistleblowing physician alleging billing fraud at Parkland Hospital;
  • A Muslim physician claiming discrimination by the University of Texas Southwestern Medical School, and;
  • Dallas nurse Nina Pham, one of Time magazine’s 2014 People of the Year. Ms. Pham says Texas Health Resources ignored warnings about the Ebola virus and contributed to her contracting the disease from Thomas Duncan, the first U.S. patient to die of Ebola.

“My office rarely lets me meet with new clients, because I want to represent them all,” Ms. Aldous told Texas Lawyer. “They limit me to two crusade cases at a time where we know we’re not going to make any money.”

In a release, the firm said Aldous has tried nearly 200 cases, a record that has earned her admission to the highly selective Inner Circle of Advocates. She is one of only six Texas lawyers among the 100 active members and was the fourth woman admitted.

Aldous\Walker represents clients in general civil litigation, personal injury, medical malpractice, products liability and wrongful death lawsuits.