Significant Cases

The verdicts and settlements we win for our clients help them to mend or rebuild their lives-at least to the extent that money will allow. We are proud of our contributions to our clients, and the positive influence of our work on corporate America. It is our privilege to continue to help make many products, workplaces, hospitals, homes, public facilities, railroad crossings and highways safer because of the work we do for our clients. This is a sampling of the types of cases we handle. The names of the parties bringing the lawsuit and the defendants in some instances have been eliminated to protect confidentiality. Also, when a confidential settlement is noted, there has been an agreement made not to disclose the amount of settlement paid.

DANGEROUS PRODUCTS - AUTOMOBILE PRODUCT LIABILITY

Child v. Baby Seat Manufacturer, [Overland Park, Johnson County, Kansas]

Confidential settlement reached in mediation against a car seat manufacturer for the death of a two-year old when she was ejected from a car seat (Gerry Guard One-Click Child Restraint, Model 691) and thrown onto the pavement, after another driver broadsided the car her mother was driving.

Driver v. Car Manufacturer, [State Court, Kansas]

Driver suffered severely disabling crush injuries to her leg as a result of excessive side impact crush from an impact with bridge culvert. Plaintiff settled her claim for a confidential amount.

Driver v. Car Manufacturer, [Federal Court, Kansas City, Missouri]

Driver suffered paralyzing injuries due to ejection caused by a defective door latch, settled for confidential amount.

Driver v. Car Manufacturer, [State Court, Missouri]

Confidential settlement reached in case involving a small-stature driver killed when her vehicle left the roadway colliding with a tree resulting in fatal liver injury due to defective seat belts and seats allowing submarining.

Gerow v. Chrysler Corporation, [Kansas City, Jackson County, Missouri, 987 S.W.2d 359 (Mo.App.W.D. 1999)]

Automobile crashworthiness case involving fuel-fed fire that killed the driver and passenger. The case was settled for a confidential amount on remand from the Court of Appeals, Western District of Missouri.

Mother of Motorcycle Rider v. Motorcycle Manufacturer, [Kansas City, Jackson County, Missouri]

Wrongful death claim against manufacturer of motorcycle when motorcycle suddenly went out of control due to fatigue fractures in front forks, settled for a confidential amount.

DANGEROUS PRODUCTS - GENERAL PRODUCT LIABILITY

Child v. ATV Manufacturer, [Kansas City, Jackson County, Missouri]

One of a number of ATV cases prosecuted by our firm against the manufacturers of All Terrain Vehicles. In this case, the minor plaintiff was killed when the Honda four-wheeler ATV flipped rearward while the minor decedent was operating the ATV. The case was settled for a confidential amount.

DeMoss v. Dean Machinery Company, [Kansas City, Jackson County, Missouri]

Product liability case tried against Dean Machinery for selling a 14-year-old used 1845C Case skid steer loader (bobcat) with defective lockout controls for the bucket lift arm. Plaintiff suffered crush injuries. The trial resulted in a jury verdict against Dean Machinery in the amount of $1,000,000. A confidential settlement was reached with Defendant Case prior to trial.

Drabik v. Stanley-Bostitch, [Federal Court, Kansas City, Missouri]

The first significant jury verdict against the manufacturers of contact-trip pneumatic nailers. Mr. Drabik suffered neurologic injury when a co-worker accidentally bumped the N16 nail gun into the head of Mr. Drabik. Mr. Drabik filed a product defect claim alleging that the contact-trip nailer was defective in design for not using a safer alternative, a sequential-trip. The jury returned a verdict for $1,500,000 in actual damages and $7,500,000 in punitive damages. The verdict led to the industry becoming more proactive in offering and communicating the safety advantages of the sequential-trip design. Since this verdict, our law firm has been involved in numerous other nail gun cases across the United States against manufacturers of framing, coil, and roofing nail guns including Stanley-Bostitch and Hitachi.

Randles v. Altec Industries, Inc., [St. Joseph, Buchanan County, Missouri]

A product liability lawsuit prosecuted for Plaintiff's loss of his arm and his leg due to electrical shock against Altec Industries, Inc. for defects in an Altec D-1090 digger derrick aerial/device cherry picker for failing to properly insulate the boom tip and control handle. This case was settled for a confidential amount during mediation. The case helped move the industry to provide more insulation protection to the workers in the bucket of the aerial device/cherry picker.

Electrical Worker v. Manufacturer of Aerial Bucket Truck, [St. Joseph, Buchanan County, Missouri]

Product liability lawsuit for Plaintiff's loss of both his arms below the elbow against the aerial truck manufacturer involving a AM600 aerial device/cherry picker for failure to properly insulate the boom tip and control handle. This case was settled for a confidential amount in mediation.

Electrical Worker v. Manufacturer of Aerial Bucket Truck, [Federal Court, Jacksonville, Florida]

Product liability lawsuit for Plaintiff's loss of both his arms at the shoulder against the aerial truck manufacturer involving an AA600 aerial device/cherry picker for failure to properly insulate the boom tip and control handle. This case was settled for a confidential amount after two weeks of trial.

Minor Child Doe v. National Presto Inc., [Kansas City, Jackson County, Missouri]

A products liability case for defective design prosecuted against the manufacturer of deep fryer called a Kitchen Kettle. The firm solidified the law on allowing a jury to know the truth of all the other victims of a manufacturer's dangerous product. After the Appellate Court squarely rejected the "one product rule" relied upon by the defendant manufacturer, it found that evidence of multiple accidents involving similar products are admissible. The manufacturer agreed to settle the case for a confidential amount. This case helped move the industry to manufacture safer alternatives to the Kitchen Kettle.

Mother and Children v. Manufacturer, [St. Joseph, Buchanan County, Missouri]

Product liability case resulting in a settlement of $1 million on behalf of the surviving wife of the 25-year-old man who was catastrophically and fatally injured by Îefendant's "Cram-A-Lot" trash compacting machine while he was trying to clear a jam. Due to the lack of a point- of-operation-guard, the decedent's torso was cut in half, surviving 20 hours before dying at the hospital.

Sanitary Worker v. Trash Truck Manufacturer, [Kansas City, Jackson County, Missouri]

Product liability case prosecuted against the manufacturer of trash truck for failure to have proper lockout mechanism resulting in crushing of the sanitary worker's leg. The case was settled for confidential amount.

Smiley v. Drake Scruggs and MTI, [Kansas City, Jackson County, Missouri]

Plaintiff Sean Smiley suffered severe back injuries due to inadequate maintenance and defective design of turret mounting bolts that allowed the boom of a Teco Saturn 5 aerial device/cherry picker to suddenly collapse with Plaintiff in the bucket. A jury trial resulted in a jury verdict of $3,925,000, and the Court awarded prejudgment interest in the amount of $1,074,724.

MEDICAL DEVICES AND DRUGS

Women v. Breast Implant Manufacturers, [Federal Court]

Women injured as a result of defective silicone breast implants, settled multiple claims in the Breast Implant Multi-District Litigation and Dow Corning Trust Settlement Plan.

MEDICAL NEGLIGENCE

Child v. Doctor and Hospital, [Kansas City, Jackson County, Missouri]

Medical negligence case against a physician and hospital for failure to diagnose fetal distress during labor and delivery, resulting in the child developing cerebral palsy. The case settled for confidential amount.

Child v. Doctors and Hospital, [Kansas City, Jackson County, Missouri]

Medical negligence claim arising out of untreated birth trauma causing the child's cerebral palsy. The case was settled for a confidential amount.

Children v. Doctors and Hospital, [Kansas City, Jackson County, Missouri]

Medical negligence case against doctors for failure to timely and promptly diagnose and treat postoperative infection after instrumented spinal fusion. Case settled during mediation for a confidential amount.

Child v. OB-Gyn, [Columbia, Boone County, Missouri]

Medical negligence claim arising out of the failure to timely diagnose pre-eclampsia during pregnancy. Case settled for a confidential amount.

Children and Wife v. Emergency Room Doctor, [Kansas City, Jackson County, Missouri]

Medical negligence case prosecuted on behalf of decedent's family for the wrongful death and survival damages against the Defendant doctor for failure to diagnose an aortic dissection, despite the ominous sign of pain shifting from the chest to the back, combined with nausea and vomiting. The case settled for a confidential amount prior to the defense experts taking the stand after four days of trial.

Dobson v. Rory Tompkins, [Kansas City, Jackson County, Missouri]

Medical malpractice case involving the pediatrician's failure to timely diagnose and treat child's congenital heart condition that resulted in the wrongful death of the mother's two-year old daughter. A jury returned a $2,000,000 jury verdict against the defendant doctor. As a result of the mother's experience, she went on to become an OB/GYN nurse.

Husband v. Doctor, [Kansas City, Jackson County, Missouri]

Medical negligence case arising out of the failure to diagnose and emergently treat a subarachnoid hemorrhage resulting in the death of a wife and mother. The case was settled for a confidential amount during mediation.

Lashmet v. Fred McQueary, M.D., [Springfield, Greene County, Missouri]

Medical negligence case prosecuted on behalf of Plaintiff against her orthopedic surgeon for failure to properly diagnose a retained foreign body that became seriously infected. Jury verdict reached or $224,000, and upheld on appeal.

Mother v. Doctor and Hospital, [Kansas City, Jackson County, Missouri]

Medical negligence case arising out of a doctor breaking a angioplasty balloon in the mother's right renal artery and failure to emergently retrieve the balloon fragment, as well as failing to tell the patient of the broken fragment, leading to the loss of the mother's only kidney. Confidential settlement reached.

Mother v. Doctors and Nurses, [Kansas City, Jackson County, Missouri]

Medical negligence case arising out of the failure to timely diagnose and treat a bowel obstruction resulting in the death of the mother's son. Case settled in mediation for a confidential amount.

Mother v. Surgeon, [Kansas City, Jackson County, Missouri]

Medical negligence case arising out of laparoscopic cholecystectomy (gallbladder surgery), wherein surgeon negligently damaged hepatic ducts and cut the common bile duct. Confidential settlement reached.

Mother and Children v. Doctors and Hospital, [City of St. Louis County, Missouri]

Medical negligence case arising out of a renal biopsy, which was contraindicated, causing patient's subsequent bleeding and leading to the death of Plaintiffs' husband and father. The case was settled for a confidential amount on the Friday before trial was scheduled to start.

Murphy v. Lake Ozark General Hospital, et al., [Camdenton, Camden County, Missouri]

Medical negligence case resulting in a rare jury verdict against a local hospital and local doctor in a rural venue for failure to diagnose and treat pressure ulcers in the amount of $624,000 for Plaintiff, and $70,000 for Plaintiff's wife. The verdict is believed to be one of the largest medical negligence verdicts in Camden County.

Schank v. Phillip A. Lipira, D.P.M., [St. Joseph, Buchanan County, Missouri]

Medical negligence case against a podiatrist for administering excessive and repeated steroid injections into and near the anterior tibial tendon causing Plaintiff's foot drop. A jury trial resulted in a jury verdict of $579,376.

Swearingen v. Dr. Weddle, et al., [State Court, Panama City, Florida]

Wrongful death medical negligence case arising out of negligently performed open heart surgery prosecuted on behalf of decedent's wife and child that resulted in a $395,500 verdict.

Wife and Son v. Doctor and Hospital, [Kansas City, Kansas, Wyandotte County, Kansas]

Medical negligence case for the failure to diagnose and treat a pulmonary embolism, resulting in the death of a husband and father. The case was settled for a confidential amount during mediation.

DENTAL MALPRACTICE

Haley v. Henehan, DDS, [State Court, Henry County, Missouri]

Dental malpractice case against Plaintiff's dentist for failure to diagnose and treat a perforated root causing infection and permanent bone loss, resulting in a jury verdict and settlement.

Sears v. Tracy, DDS, [Harrisonville, Cass County, Missouri]

Dental malpractice case against the dentist for an eight-year-old minor for bone loss and permanent damage to her two top front teeth, resulting in a total jury verdict in the amount of $151,900.

BOATING ACCIDENTS

Boat Owners v. Yacht Manufacturer, [Kansas City, Jackson County, Missouri]

Claim of Yacht Owners against the Manufacturer for carbon monoxide leaking into the sleeping cabins, interfering with the use of the air-conditioned cabins of the yachts. Confidential settlements were reached with Manufacturer on behalf of Owners.

Rider v. Rider of Wave Runner, [Kansas City, Jackson County, Missouri]

Claim against the driver of a wave runner for turning suddenly in front of the wave runner Plaintiff was operating, resulting in a collision and causing injuries. Case settled immediately before trial.

Wife v. Boat Manufacturer, [Kansas City, Jackson County, Missouri]

Wife, a passenger upon a boat, was seriously injured when the hull of the boat fractured causing the boat to flip over resulting in severe leg injuries. Case settled for a confidential amount.

TRUCKING CRASHES

Bartee v. Bill Harris and Rinehart's Meat Processing, [Kansas City, Jackson County, Missouri]

Plaintiff was stopped in traffic on 71 Highway in Grandview, Missouri, when a tractor-trailer truck driven by Defendant Harris rear-ended Plaintiff's vehicle causing the Plaintiff to suffer a herniation of the L5-S1 disk and damage to the fibrocartilage ligaments in her left wrist, both of which required surgery. A settlement was reached with Defendants during mediation in the amount of $890,000.

Husband v. Trucking Company, [Kansas City, Jackson County, Missouri]

A tractor-trailer trucking case for injuries suffered by husband who was traveling westbound on I-70 in his Geo Metro when a tractor-trailer truck driven by Defendant changed lanes and side-swiped his vehicle running him off the road resulting in a closed head injury, facial fractures, ruptured spleen and optical nerve injury to his eye. This case was settled for $1,000,000 in mediation.

Self v. M. Jones Trucking, [Kansas City, Jackson County, Missouri]

Plaintiff was operating his semi tractor-trailer truck eastbound in the left lane on I-44 in Joplin, Missouri. Defendant Jones' semi tractor-trailer truck rear-ended Plaintiff's truck, after leaving 40 feet of skid marks, resulting in a torn rotator cuff in the shoulder of the Plaintiff. A settlement with Defendant was reached during mediation in the amount of $705,000.

Truck Driver v. Farming Truck Operation, [Emporia, Lyon County, Kansas]

Trucking collision case prosecuted on behalf of a truck driver for neck, back, and arm injuries when a tractor-trailer driven by Defendant's alleged employee, who was under the influence of drugs, crossed the road's center line. The case was settled after litigating the issue of whether the driver was an agent and employee of the Defendant.

RAILROAD LIABILITY

Truck Driver v. Railroad, [Kansas City, Jackson County, Missouri]

Truck driver suffered head injury when his vehicle was struck by a train while driving across what appeared to be a spur track, due to failure of railroad to properly mark the crossing. The case was settled after trial.

UNSAFE ROADS AND HIGHWAYS - DEFECTIVE AND DANGEROUS ROADS

Minor Child v. City of Independence, [Independence, Jackson County, Missouri]

$150,000 verdict for nine-year-old bicycle rider, assessing partial fault against City of Independence, for failure to clear brush and overhanging tree limbs that obscured operators' vision.

SUPERVISOR/CO-EMPLOYEE LIABILITY FOR CAUSING ON-THE-JOB INJURIES -"THE SOMETHING MORE DOCTRINE"

Burns v. Smith, [Osceola, St. Clair County, Missouri, 214 S.W.3d 335 (Mo.banc 2007)]

Case prosecuted for severe injuries suffered by Eric Burns when a pressurized water tank improperly welded by his supervisor exploded, resulting in severe fracture to the Plaintiff's hip. After a verdict was entered by the Circuit Court of St. Clair County, Missouri, in the amount of $2,717,715.52 plus prejudgment interest, the case was appealed by the Defendant. The Missouri Supreme Court affirmed the case clarifying the "something more" test under Missouri law allowing the verdict to stand without being barred by workers' compensation immunity.

JOB SITE INJURIES

Daughter v. Construction Co., [Kansas City, Jackson County, Missouri]

Wrongful death claim by daughter for death of her mother arising out of a natural gas explosion due to damage to a gas line during sewer line installation that resulted in a confidential settlement during mediation.

Keegan v. Ceco, [Federal Court, Kansas City, Kansas]

Personal injury case that was successfully tried against a contractor that failed to secure a beam bottom, causing the Plaintiff to fall 30 feet suffering severe injuries to his neck.

Thornton v. All State Mechanical Inc., et al., [Kansas City, Jackson County, Missouri]

Construction site case against the Defendant contractor for negligence in failing to provide adequate ventilation of the carbon monoxide gases emitted from a gas powered concrete saw in the basement area where Plaintiff was working, resulted in a total settlement with all Defendants in the amount of $2,105,000.

BAR OWNER LIABILITY

Williams, et al. v. ECHO'S Restaurant-Lounge, Inc. and Adams, [Kansas City, Jackson County, Missouri]

$9 million judgment, including punitive damages, against bar and its owner for serious injuries caused by a drunk driver who had been served liquor in the bar while he was obviously intoxicated. The driver was so drunk he was driving the wrong way on divided U.S. 71 Highway. Case was settled for a confidential amount.

BUSINESS, HOMEOWNER AND LANDOWNER LIABLITY

Elderly Woman v. Restaurant, [Kansas City, Jackson County, Missouri]

Premises liability case prosecuted and settled alleging negligence on the part of Defendant Restaurant to clearly mark and warn of the danger of a single isolated step, resulting in the fall of the Plaintiff causing her to suffer a severe hip fracture that led to her death.

Electrical Employee v. Landowner, [Kansas City, Wyandotte County, Kansas]

Negligence case arising out of an electrical explosion due to the prior negligent repair of a meter box resulting in severe injuries to the Plaintiff. The case was settled for a confidential amount during mediation.

Visitor v. Hospital, [Kansas City, Jackson County, Missouri]

Premises liability case prosecuted against a hospital for a severe hip fracture when the patient's wife tripped over cords and wires while caring for her husband who was in the hospital for heart surgery. The case was settled for a confidential amount during mediation.

INSURANCE COMPANY LIABILITY

Jaynes v. Farmers Insurance Group, [Kansas City, Jackson County, Missouri, 234 S.W.3d 396 (Mo.App.W.D. 2007)]

The Plaintiff in this case sought to stack multiple Uninsured Motorist Policies for a total of $300,000 for an accident with an uninsured motorist in Missouri. The insurance policies were written in Kansas and the insurance company contended that the anti-stacking law of Kansas applied. The case was appealed and the Western District of Missouri Court of Appeals found that the language permitting stacking pursuant to the "law of the state of the occurrence" created an ambiguity in the policy under Missouri and Kansas law resulting in the allowance of the stacking of benefits.

Mother v. Used Care Dealership and Negligent Driver, [Springfield, Greene County, Missouri]

Negligent entrustment case arising out of Used Car Dealership's sale of vehicle to driver. Used Car Dealership had previously sold driver a van that he wrecked due to "blacking out". Driver returned to the Used Car Dealership with wrecked van and informed Dealership he would "black out" due to medication, and that was the reason the van was wrecked. Used Car Dealership sold driver another van with this knowledge. Driver "blacked out" and hit Mother head-on, resulting in serious, permanent orthopedic injuries. Used Car Dealership's insurance company refused Mother's $300,000 policy limits demand. A jury trial resulted in damages being awarded to Plaintiff Robin Groves in the amount of $1,237,000, and to Plaintiff Steven Groves in the amount of 25,000.00, plus prejudgment interest in the amount of $245,410.90, for a total verdict of $1,518,410.90. On appeal, before oral argument, the case was settled.