Warnock, MacKinlay & Carman News

Scarring Case Results in Large Settlement

2012-03-07T08:49:00.001-07:00

Associate attorney James Sparks settled a highly contested case for more than six times the amount of medical bills, due to a significant injury - a deep laceration and scarring to the client’s forehead. The client was driving an old pick up truck, and reported that his head went through the rear window after he was rear-ended. The police report indicated our client’s forehead hit the steering wheel. The negotiations effectively overcame the insurer’s two defense positions that (1) the client was not wearing a seatbelt; or (2) the seatbelt failed and that failure caused the severe injury, as much as or more than the actual impact.

Ladder Flies Off Trailer and Hits Car, Injuring Driver and Passenger

2012-02-22T09:41:00.002-07:00

Recently, our firm achieved a large 6 figure settlement for a young boy and his family injured in an auto accident. While driving along safely a ladder on a trailer being towed by the defendant flew off the the trailer and entered into our clients' vehicle causing serious injuries. The defendant blamed the event on a pedestrian crossing the road which caused a sudden emergency situation. There was no confirmation of that there was a pedestrian. Despite this defense, we were able to get the defendant’s significant insurance limits (he had no other assets) as well as those from another driver who subsequently hit our clients' vehicle causing minor damage. In the process we obtained reductions in medical bills of over $500,000 allowing the clients to have recovery for their serious injuries and the long term effects of this terrifying car wreck.

Brian Warnock Gives Some Hope to Tragedy

2012-01-30T12:14:00.002-07:00

Brian Warnock recently assisted in a complicated insurance issue. The firm's client was an employee of a large national automobile tire company. During his employment, all employees were offered an increase in life insurance and long-term disability benefits. These benefits did not require a medical examination.

The client applied for $100,000 in life and long term disability but inadvertently made an error in the form, which did not affect his application in a material way. A short time later, our client was diagnosed with Lou Gherig’s disease -- a fatal illness with an often short life expectancy. He checked to be sure his insurance was in place but was advised due to the little error, he had been denied both benefits.

Brian Warnock contacted the insurer and advocated on behalf of our client. As a result, the insurer agreed to provide not only the full life benefits but to provide an advance payment on the life policy of nearly $95,000 as a terminal illness benefit. The long term disability issue continues to be pursued. Congratulations to our client and Mr. Warnock.

A Life Savings Recovered

2012-01-25T13:17:00.003-07:00

Jay MacKinlay recently represented an elderly widow, who lost her life savings of $120,000 when her son took advantage of her. The son used the money to purchase property out of state and then claimed he could not repay his mother. Jay represented the widow and, although he had to chase the son to Tennessee to serve him with a lawsuit, he successfully recovered every penny on her behalf. The happy client reported “You came highly recommended and I will continue to recommend you to everyone I know.”

Supreme Court Reaches a Decision in Elder Abuse Case.

2011-12-27T18:05:00.004-07:00

Since 2005, Krista Carman has been fighting for justice for Jacob Braden. Jacob, a 19 year old with profound special needs, died as a result of alleged abuse and neglect at the hands of his caregivers and alleged improper placement by the State of Arizona, Department of Developmental Disabilities. The claim against the group home settled the day before trial for a confidential amount.

The State of Arizona, however, was dismissed by the trial judge on the State's motion that argued that the Adult Protective Services Act (for elder abuse prevention) did not apply to the State as it was not specifically listed in the Act as an entity that could be held responsible for the abuse and neglect of vulnerable adults. Krista Carman, Craig Knapp and Scott Boehm appealed to the Court of Appeals. That court agreed with Jacob's legal team and found that the State could be held responsible under the Act.

The State then requested the Arizona Supreme Court review the decision. The Court accepted review. In December 2011, the Court decided against Jacob and found the State did not have any responsbility under the elder abuse. The entire decision can be found by clicking this link and then selecting "Estate of Braden" http://www.azcourts.gov/opinions/2011Opinions.aspx

Krista and the rest of the legal team were extremely distraught at this decision, but proud of how hard they have fought for Jacob's rights. A motion for reconsideration is currently pending before the Arizona Supreme Court.

Well Deserved Victory!

2011-12-27T17:53:00.003-07:00

After four years of ongoing litigation, partner Andre Carman, achieved a decision in his clients' favor. Andre represented the sellers', sellers' agent, and the selling real estate brokerage in a case in which home buyers sued the firm's clients for misrepresenting the condition of the home, specifically water damage, and the repairs that were made to it. After purchasing the home for $295,000, the home buyers sued for $1 million. The home buyers originally requested a jury trial, but after motions Andre successfully moved the matter to arbitration. Following a two day arbitration, the arbitrator found completely for the sellers, agent, and the broker - our clients. Congratulations to Andre and his clients!

WMC Launches New Website

2011-06-03T10:08:00.005-07:00

Warnock, MacKinlay & Carman, PLLC is proud to announce the launching of its new website! The website features in depth information about the firm and its attorneys, as well as the various practice areas in which the firm represents clients.

In the past two years, our firm has had the pleasure of hiring several experienced and very talented attorneys practicing in different areas of law to better help us serve our clients in different parts of the state. We now offer services in areas such as personal injury, family law, bankruptcy, and civil rights litigation. Further, our office offers comprehensive solutions for businesses, advising clients in areas such as tax law, real estate transactions, and other general commercial litigation. These services are available in each of our offices (Scottsdale, Mesa, and Prescott).

The launch of the new website was spearheaded by partner Krista Carman. It is our hope that the new website will be yet another tool for us to help current and future clients obtain high quality and affordable legal representation.

Brian Warnock Achieves Settlement at Trial

2011-05-18T13:17:00.006-07:00

Managing Partner Brian Warnock recently tried a case against a large insurance carrier for lack of payment on a fire insurance policy. The case involved a rental home of a client that was destroyed in a fire. The insurance company failed to pay to repair or replace the home, arguing that the policy had lapsed for non-payment, despite not having sent legally adequate notice of cancellation to the homeowner.

The case was a hard-fought battle involving several years of litigation and ultimately a trial. After years of balking at any reasonable settlement offers, the insurance carrier finally offered to settle the case for a confidential amount several days into the trial. These types of results stress the importance of standing up for our client's rights and persevering through a case.

Our firm handles many kinds of insurance related claims. If you feel that you have been wrongfully denied insurance benefits, call our office at (602) 388-1827 (Phoenix area), (480) 428-1512 (East Valley), or (928) 277-4951 (Northern Arizona) to speak with one of our attorneys in a free consultation.

New Scottsdale Location

2011-05-18T12:57:00.000-07:00

We're proud to announce our recent move to our new Scottsdale location:

Warnock, MacKinlay & Carman, PLLC
7135 E. Camelback Road, Suite F-240
Scottsdale, Arizona 85251
Phone: (602) 381-6669
Fax: (602) 381-6560

This location will replace our previous office formerly located at 24th Street and Camelback Road. The office is conveniently located near the Scottsdale Waterfront development near the intersection of Scottsdale Road and Camelback Road. There is free parking below ground directly beneath our office. We believe the new office space will better help us serve our clients and provide an elevated level of service.