Merkel & Cocke, P.A. - Recent Cases

Slip and fall lawsuit against Horseshoe Casino - In this slip and fall case filed recently against Horseshoe Casino in Robinsonville, Tunica County, Mississippi, in the United States District Court for the Northern District of Mississippi, our client allegedly slipped and fell on water and as a result, injured his back and hip.

Worker's Compensation Case v. Heathcraft - In this worker's compensation case, our client was lifting and assembling large coils for air conditioners, refrigerators and airplanes on the job when she tore her rotator cuff. As a result, surgery followed. Unfortunately, our client's other shoulder became weaker as a result of over use and has resulted in another claim.

Dram Shop Case v. Imperial Palace Casino - In this personal injury case, Imperial Palace Casino in Biloxi, Mississippi, allegedly over served a patron resulting in her becoming intoxicated. While playing blackjack, she jumped out of her seat following winning a hand. When she did so, she allegedly knocked a tray of drinks out of a waitresses hands and onto our client's shoulder. As a result, she suffered a rotator cuff tear. Unfortunately, during surgery, complications occurred and as a result, she incurred over $100,000.00 in medical bills. Merkel & Cocke has filed a lawsuit versus Imperial Palace Casino for damages for not only the pain and suffering and medical bills for the rotator cuff tear, but also the complications.

Products Liability Case v. Andritz, Inc. - In this products liability case, our client lost three fingers on his right hand when they were severed while he was in the process of cleaning material inside a shut when he claims the rotary valve therein unexpectedly rotated. We are investigating a lawsuit due to the failure to install an interlock to the door of the transition chute.

Motorcycle Case - In this personal injury case, our client was injured while riding his motorcycle when someone driving an automobile unexpectedly turned in front of him. As a result, he suffered several fractures.

Worker's Compensation Case v. Astro-Lounger - In this Worker's Compensation case, our client was a furniture inspector. As a result, she allegedly injured her hands on the job working on furniture leading to carpal tunnel syndrome. She has received surgery and has a loss of wage earning capacity.

Slip and Fall Case v. Goldstrike Casino - In this slip and fall case versus Goldstrike Casino in Robinsonville, Tunica County, Mississippi, our client claims to have slipped on a wet tile floor that had recently been mopped. As a result, she suffered a transverse fracture of her patella which led to surgery. Unfortunately, a complication occurred when blood clots formed. As a result, she has incurred over $30,000.00 in medical bills.

Greenwood Police Department Cases - Our firm has recently been associated on several cases versus the Greenwood Police Department for constitutional violations and violations of §1983 of the Civil Rights Act principally based upon claims of police brutality.

Civil Rights Case v. Harrison County, Mississippi - In this wrongful detention case, our client claims he was wrongfully detained in jail for 120 days based upon an affidavit that was not for him.

Worker's Compensation v. Brintons - In this worker's compensation case, our client worked in the finishing department as a finish line worker. In this position, she had to push, pull, and lift carpet. Upon doing so, she allegedly suffered an on the job injury to her neck, specifically rupturing a disk.

Slip and Fall Case v. Greenwood Leflore Hospital - In this slip and fall case, our client who was working as an intern at Greenwood Leflore Hospital in Greenwood, Mississippi, was allegedly injured when she slipped and fell due to material left by a construction company. As result, she injured her knee.

Worker's Compensation Case v. Southern Communication Specialists - In this worker's compensation case, our client claims to have suffered a torn rotator cuff tear to his left shoulder while working on the job. Unfortunately, during surgery, a complication occurred in his right arm resulting in right ulnar neuropathy. As the employer/carrier failed to offer what we believe to be fair in this case, the matter was tried. As a result, we received a substantial verdict from the Administrative Law Judge which currently is on appeal.

Slip and Fall Case v. Grand Casino - In this slip and fall case versus Grand Casino located in Robinsonville, Tunica County, Mississippi, our client allegedly slipped and fell at the seafood buffet and injured her knee. As a result, suit has recently been filed.

Inadequate Security Case v. Uptown Motor Inn - In this case, our clients claim they were sexually assaulted by a perpetrator at a hotel in Clarksdale, Mississippi. There was no security or any security measures taken. As a result, we have filed an inadequate security case against the owners of the hotel.

Mississippi Tort Claims Act v. Tate County School District - In this case, our minor client was allegedly injured during football practice while attempting to jump two blocking bags on a concrete floor, all as directed by his coaches. While doing so, he fell forward, crushing and severely injuring his left arm while required complete reconstructive surgery. We have filed suit versus the school district due to a failure to train students on how safely to conduct the drill, failing to train employees on how to safely conduct its drills, failing to provide proper supervision of the facilities, and failing to provide a practice area that was adequate for practicing football.

Worker's Compensation Case v. Happy Home Improvement - In this worker's compensation case, our client was allegedly injured on the job when he fell from scaffolding. As a result, he severely fractured his right ankle. Unfortunately, he later tripped while walking on crutches and injured his shoulder. As a result, we have been successful in obtaining benefits for both injuries in relating both to his initial on-the-job injury.

Maritime law and Jones Act case involving a seaman who was allegedly injured while working on a barge. Specifically, he was injured while moving from one barge to another, allegedly as a result of the employers' failure to have in place a proper mechanism for safely moving back and forth from a loaded barge to an unloaded barge while carrying rigging. The plaintiff suffered severe injuries including a herniated disc which will require back surgery. The complaint alleges that the defendant employers refused to provide maintenance and care and later terminated the plaintiff from employment.

Personal injury lawsuit involving a motor vehicle case in Lincoln County on behalf of a gentleman who suffered serious injuries to his leg when the defendant allegedly turned her vehicle in front of him at an intersection. The plaintiff had the right of way, and the defendant allegedly made a sudden negligent left turn in front of the plaintiff.

FCRA claim against Arrow Financial, HSBC, Experian Information Solutions, Trans Union, LLC and Equifax Credit Information Services - filed August, 2007 in the Circuit Court of Lauderdale County, Mississippi. FCRA lawsuit involves multiple alleged violations of the Fair Credit Reporting Act by Arrow Financial, HSBC, Experian, Equifax and Trans Union regarding the attempted collection from the client of another person's debt. Arrow Financial also allegedly violated the Fair Debt Collection Practices Act with its collection tactics.

Slip and fall personal injury claim against Grand Casino Biloxi and King Limo & Yellow Cab - filed in the Circuit Court for Harrison County, Mississippi in July, 2007. Client allegedly slipped and fell in oil directly outside the Grand Casino as a result of the accumulation of oil leaked from a taxi cab operated by the King Limo & Yellow Cab company. Casino was aware of oil, but failed to clean up. Client suffered serious injuries.

FCRA claim against Wells Fargo - filed in the United States District Court for the District of Kansas in July, 2007; Case involves multiple allegations of violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. committed by Wells Fargo. Wells Fargo sent a "cash and use" check to a person living in Florida with the same or similar name as our client who lives in Kansas. Our client has never lived in Florida. The Florida person cashed the check, but failed to repay the loan. Instead of collecting from the person in Florida, Wells Fargo allegedly made abusive collection attempts against our client, including reporting the erroneous debt onto our client's credit reports with Trans Union, Experian and Equifax. Despite repeated disputes to Wells Fargo and the credit bureaus, Wells Fargo allegedly refused to remove the erroneous debt from the client's credit reports, thereby violating the FCRA.

FDCPA claim against Midland Credit - filed in December 2006 in Circuit Court of Marion County, Mississippi. Midland allegedly violated Fair Debt Collection Practices Act by filing a lawsuit against the client to collect fraudulent debt that, even if owed, was barred by the statute of limitations. This case was settled in July, 2007.

FDCPA claim against Van Ru Credit Corporation - filed December 2006 in Circuit Court of Harrison County, Mississippi. Removed to United States District Court for Southern District of Mississippi. Van Ru allegedly violated Fair Debt Collection Practices Act by repeated telephone calls to client’s job, despite client informing Van Ru that she was not allowed to receive personal calls at her place of employment. Settled in April 2007.

FCRA lawsuit against TransUnion® - filed March 2007 in the United States District Court for the Southern District of Indiana. Case involves claims of erroneous publication by TransUnion® of an account as thirty days late when in fact the account was never late. As a result, the client was charged higher interest rates on a home loan, resulting in more than $120,000 in liquidated damages.

Theft of Identity FCRA lawsuit against Equifax® Credit Information Services, Experian® Information Solutions, TransUnion® and Verizon Wireless - filed April 2007 in Circuit Court of Washington County, Mississippi. Removed to United States District Court for Northern District of Mississippi. Client is a victim of identity theft. Unknown person in Illinois used client's identity to open an account with Verizon Wireless. Despite repeated disputes, neither Equifax®, Experian®, TransUnion® nor Verizon would remove fraudulent account from client's credit reports. Client suffered multiple credit denials, resulting in the filing of a claim under the Fair Credit Reporting Act.

Mixed file FCRA lawsuit against Equifax® Credit Information Services - filed April 2007 in United States District Court for the Southern District of Mississippi, Southern Division. In Fair Credit Reporting Act litigation, client alleges that Equifax® merged his credit file with that of his brother, causing the brother's derogatory credit to appear on the client's credit report. The client suffered multiple credit denials due to his brother’s bad credit appearing on his credit report.

Mixed file FCRA lawsuit against Equifax® Credit Information Services and CSC Credit Services - filed May 2007 in United States District Court for the Southern District of Indiana. Client alleges in this Fair Credit Reporting Act case that Equifax® merged her credit file with that of another person with the same first and last name and a similar social security number, leading to the denial of the client's credit application. CSC, Equifax’s agent, failed to correct the errors on the client's Equifax® credit report despite repeated disputes. Settled in February 2008.

Credit Error FCRA lawsuit against Credit Protection Association and Equifax® Credit Information Services - filed May 2007 in United States District Court for District of Arizona. Fair Credit Reporting Act lawsuit arising from an account that was allegedly sent to collection in error. Client disputed erroneous collection to Equifax® and Credit Protection on several occasions, yet both allegedly failed to remove the erroneous collection. Settled in January 2008.

FDCPA litigation against Gallas & Schultz - filed in May 2007 in Circuit Court of Forrest County, Mississippi. Gallas & Schultz allegedly violated Fair Debt Collection Practices Act by threatening to sue client on time barred debt.

FDCPA lawsuit against ER Solutions - filed in May 2007 in Circuit Court of Rankin County, Mississippi. Fair Debt Collection Practices Act claim arising from ER Solutions alleged violations of the FDCPA by threatening litigation against the client regarding time barred debt. Settled June 2007.

FDCPA litigation against Allied Interstate - filed in June 2007 in Circuit Court of Carroll County, Mississippi. Allied Interstate allegedly committed multiple violations of the Fair Debt Collection Practices Act by discussing debt with the client’s wife and parents and other third parties, as well as repeatedly calling the client at his place of employment. Settled in April 2008.

Lawsuit regarding Motor Vehicle Collision - filed in December 2007 in the Circuit Court of Hancock County, Mississippi. Client’s vehicle became disabled on four lane highway. Client pulled over onto shoulder and put on her blinkers. The Defendant’s vehicle then allegedly collided with the rear of the Plaintiff’s vehicle, causing serious injuries to the Plaintiff.

FDCPA Lawsuit against D.C. Brown & Associates - filed in April 2008 in the Circuit Court of Jackson County, Mississippi. This Fair Debt Collection Practices Act case involves a debt collector who allegedly threatened consumers with being arrested, having their personal property taken away and with a lawsuit over a $300 debt that was over ten years old and thus past the statute of limitations. The collection agency also allegedly cursed the Plaintiffs, calling them “lowlifes” and “deadbeats” in an attempt to embarrass them to pay this old debt.

Lawsuit regarding a Motorcycle Accident - filed in March 2008 in the Circuit Court of Itawamba County, Mississippi. This accident allegedly occurred when a vehicle suddenly and without warning made an illegal left hand turn onto an “emergency vehicles only” lane, causing the motorcycle traveling behind it to lose control. Both motorcycle riders were thrown from their motorcycle, causing serious injuries.

Slip and Fall Lawsuit against Treasure Bay Casino - filed in April 2008 in the Circuit Court of Harrison County, Mississippi. Casino was allegedly aware of a leak in their public bathroom, but failed to fix it. Client slipped in water, causing internal bleeding and damage to his teeth.

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