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. 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. Some details have been omitted to protect confidentiality.
Driver v. Truelsen Blumenthal, LLC d/b/a Soil Tek [Platte County, Missouri]
Plaintiff was traveling home from a job, pulling his camper that he lived in while working. As he was traveling on the highway a work truck parked on the side of the road suddenly and without warning pulled from the shoulder causing a crash. Plaintiff had to undergo a surgery wherein an artificial disk was placed in his neck as a result of having had a prior neck surgery years before the subject crash. Defendant's offered $250,000 at a mediation, whereas the Plaintiff was willing to settle for $350,000. The case proceeded to trial. The jury returned a verdict for $789,000.
Young Boy v. Papa John’s, [Lansing, Kansas]
Young boy retrieving basketball from residential street was hit by a Papa John’s delivery driver who was speeding and looking down at a map at the time of the accident. Young boy suffered a mild traumatic brain injury. The case settled for $350,000.
Driver v. Estate of Negligent Driver, [Jefferson County, Kansas]
Driver pulled out from stop sign in front of a semi-truck driving on a highway resulting in that driver being killed instantly and causing semi to strike our client who was traveling in the opposite direction. The case settled for the decedent driver’s policy limits.
Driver v. Livestock Auction Company [Geary, Oklahoma]
Driver struck cow on highway in the middle of the night. The cattle escaped from the Live Stock Auction, which was located adjacent to the highway, due to a gate being left open. The case settled for $125,000.
Pedestrian v. Underage Drunk Driver, [Johnson County, Kansas]
Plaintiff and her friend were standing beside a parked vehicle on a residential street when Defendant, a 16 year old drunk driver, lost control of his car and crashed into the couple and the parked vehicle. Plaintiff suffered severe injury and her friend was killed. Plaintiff brought a claim against the drunk driver for her injuries, including two broken legs. Plaintiff, an avid runner and tennis player, required surgeries on her legs and knees with the placement of hardware to stabilize the fractured bones.
During discover in the case, Plaintiff learned that it was not the first drug and alcohol offense for the 16 year old, and he was actually on probation at the time of the occurrence. Plaintiff’s lawsuit was tried to a Judge who awarded her $580,184.00 for the damages she suffered because of the negligence of the underage drunk driver.
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.
Boat Passenger v. Boat Manufacturer, [Kansas City, Jackson County, Missouri]
Plaintiff, 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.
Motorcycle Passenger v. Another Motorcycle Rider, [Independence, Jackson County, Missouri]
Plaintiff was riding on the back of her husband's motorcycle, in a staggered group of riders during a charity motorcycle event. The operator of the lead motorcycle in the group had an after-market Eagle Talon kickstand that throughout the charity ride would fall down. As the operator of this motorcycle entered a curve the Eagle Talon kickstand dropped down digging into the pavement causing a loss of control. Plaintiff's husband was forced into a ditch to avoid the lead motorcycle causing Plaintiff to be thrown from the bike. Plaintiff eventually had to have a shoulder fusion resulting in disability and inability to continue her job as a health insurance claims processor. The insurance carrier for the lead motorcycle rider refused to pay its minimal policy limits of $25,000 despite Plaintiff's medical bills far exceeding the policy limits. Weeks before trial, the insurance carrier recognizing its exposure to a claim for bad faith settled the case for 27.5 times the policy limits.
Motorcycle Driver v. Driver’s Uninsured Motorist Insurance, [Blue Springs, Jackson County, Missouri]
Motorcycle Driver was stopped at an intersection when he was rear-ended by a sedan driven by an uninsured driver and thrown off of his bike. Motorcycle Driver suffered injury to his lower back and right hip which ultimately led to him losing his job because of missed time from work. The case settled without suit being filed.
Driver 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.
Driver v. Trucking Company , [Kansas City, Jackson County, Missouri]
A tractor-trailer trucking case for injuries suffered by Plaintiff 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.
Semi-Truck Driver 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.
Wal-Mart Worker v. U.S. Xpress, [Cass County, Missouri]
Worker was injured while unloading a pallet of merchandise with a forklift when the trailer’s landing gear collapsed due to poor maintenance. Case settled for $680,000.
Truck Driver and Husband v. Warehouse Owner, [Cook County, Illinois]
Husband and wife team truck drivers were making delivery to warehouse. While wife was assisting husband back into parking spot a warehouse spotter truck driver ran her over causing catastrophic degloving injury to her leg. Case was settled at mediation for a confidential amount.
Family of Flagman v. Garbage Truck Driver, [Confidential Location]
Flagman working in construction zone was hit and killed by garbage truck driver who failed to stop in a construction zone striking three vehicles before running over worker who was running away from oncoming truck. Case was settled for confidential amount.
Family of Truck Driver v. Semi Truck Driver, [Confidential Location]
Client’s husband was operating his semi truck on a two-lane road approaching a bridge in snowy conditions. At the same time, another semi-truck driver was approaching the same bridge from the opposite direction. The other truck driver negligently downshifted in a curve before driving over bridge resulting in his trailer jackknifing across the bridge. As a result, our client’s husband struck the jackknifed trailer resulting in his immediate death. Wrongful death lawsuit brought by family of decedent and case was settled for a confidential amount.
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.
Family of 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.
Teenager vs. U.S. Automaker, [Confidential Location]
Female teenage passenger was riding in SUV when driver swerved causing the SUV to leave the roadway and rollover. During the rollover, the roof crushed in on passenger leaving her paralyzed. Case was settled for a confidential amount.
Minivan Passenger v. Minivan Manufacturer, [Confidential Location]
Plaintiff was a passenger in the front seat of a minivan. Another driver turned in front of the minivan in which Plaintiff was riding causing a crash. As a result, the minivan’s airbag deployed sending black plastic fragments from the airbag module’s upper right door into Plaintiff’s eyes causing complete loss of vision in her right and left eyes. Shortly after this lawsuit was filed, the Minivan Manufacturer filed for bankruptcy. Discovery in the case revealed that the subject minivan had actually been assembled by a subsidiary company in Canada. Plaintiff was able to make the claim for product liability against the Canadian subsidiary in America after a lengthy jurisdictional battle in the appellate courts, and the case was resolved.
Phelps v. Deere & Co. [Kirksville, Adair County, Missouri]
A product liability lawsuit for defective design of the electromagnetic clutch switch against the manufacturer of a 7720 John Deere combine, Deere & Co. Plaintiff claimed that the defect led to an incident that left him with crushing leg injuries. Plaintiff was operating his combine on his farm in Kirksville when the header became jammed or clogged. He turned the electromagnetic clutch switch to "off", stopping the header movement. While he tried to clear the clog or jam, the header unexpectedly started up, and the machine pulled Plaintiff's legs into the rotating header. Plaintiff alleged that the switch to the header was defective and that the combine should have had a safety feature that would shut down the header if the operator left the seat for more than five seconds. Plaintiff also alleged the on-product warning was ambiguous. An Adair County Circuit Court jury concluded a four-day trial by returning a verdict in favor of Plaintiff and against the farm equipment manufacturer in the amount of $1,458,414.50. The jury deliberated for two hours before returning the verdict with an award identical to the amount Plaintiff's attorney requested in his closing argument. The jury allocated 60 percent fault to Deere & Co, and 40 percent fault to Plaintiff. The case was settled for a confidential amount before the time to file an appeal.
Child v. ITW Food Equipment Group, LLC, f/k/a Hobart Corporation, [Cass County, Missouri]
13-year-old son of kitchen worker at a school suffered severe injuries when his right arm became entangled in an unguarded L-800 Hobart commercial mixer. A lawsuit was filed against Hobart contending that the mixer was unsafe to use without an interlocked guard. The case was settled for a confidential amount.
Family of 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.
Skid Steer Operator 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; 796 F.Supp. 1271 (W.D. Mo. 1992)]
The first significant jury verdict against the manufacturers of contact-trip pneumatic nailers. A construction worker suffered neurologic injury when a co-worker accidentally bumped the N16 nail gun into his head. The worker 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.
Preston v. Montana 18th Judicial District Court, Gallatin County,[State Court, Montana, 282 Mont. 200 (1997)]
Plaintiff was injured by a defectively-designed Stanley-Bostitch pneumatic nail gun, model N12. The defective nail gun used a “contact-trip” mechanism. Stanley-Bostitch had a safer “sequential-trip” mechanism on most of its pneumatic nailers. During the lawsuit, the defendant refused to answer discovery about any other design or products that pre-dated the subject N12 nailer. The Supreme Court of Montana stated that there is a strong public policy in permitting broad discovery concerning defective and dangerous products to promote public safety. The court ruled in the Plaintiffs favor, and allowed discovery of the defendant’s other nail gun designs, prior products, and of prior injuries involving similar products.
Lineman 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.
Child 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.
Wife 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 defendant'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, he survived 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.
Bucket-truck Worker 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.
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.
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.
Mother 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; 954 S.W.2d 546 (Mo.App. S.D. 1997)]
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.
Patient 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.
Patient 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.
Wife 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.
Husband and Wife 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.
Patient 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.
Wife and Child 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.
Patient and Husband v. Orthopedic Surgeon and Surgical Clinic, [Kirksville, Missouri]
Middle-aged Female Patient who worked as a nurse, was treated for a torn meniscus in her right knee by Orthopedic Surgeon. The surgeon did not have an assistant available at the time of the elective arthroscopy, but chose to proceed with the surgery anyway. During the scope procedure on her knee, the surgeon dropped her leg and severed her popliteal artery. The surgeon did not document that he had dropped her leg, and did not diagnose any problems related to the drop. Immediately after the surgery, the patient began to have problems with pain and swelling. A scan showed that she had an emergently dangerous development of compartment syndrome and she was rushed to emergency vascular surgery at another facility. The recovery was difficult and uncertain. She nearly lost her lower leg and was left completely disabled with chronic pain and disfigurement. The case settled after mediation for over $1 million.
Stewart v. Partamian and Phoenix Urology,[Buchanan County, Missouri; 465 S.W.3d 51 (Mo. banc 2015)]
A 36-year-old male with type I diabetes, was hospitalized under the care of urologist Dr. Krikor Partamian for treatment of a prostate abscess. Partamian failed to drain the abscess, despite drainage being suggested by Partamian’s own associate. As a result of the substandard care, the abscess worsened and ruptured. The infection spilled into the patient’s body and sent him into a devastating septic state, requiring ventilation and an induced coma. He underwent several surgeries and was close to death. The infection ate away tissues in his prostate area, penis and urethra. He was left with permanent harms including urinary leakage, erectile dysfunction, and chronic pain.
After a trial, the jury returned a unanimous verdict for the man, finding that he had been harmed by the negligent medical care of Dr. Partamian. At that time, Missouri had no cap on the amount of damages that could be awarded in a medical malpractice claim, the Plaintiff had asked for almost $3.4 million as compensation – the jury gave him $4.3 million. The doctor asked the trial court to reduce the amount of the verdict calling the award unfair and unreasonable. The Supreme Court of Missouri found that the evidence of the case showed that the verdict amount was not excessive, and affirmed the judgment of the trial court.
Husband and Son v. Dr. Nixon, Dr. Sellberg, Dr. Conant and Dr. Trotter, [Wichita, Kansas]
Patient presented to emergency room with severe abrupt onset headache with neck pain and visual disturbance. These symptoms are highly suspicious of a aneurysmal subarachnoid hemorrhage. A CT scan of the head was ordered to rule out any sort of bleed or subarachnoid hemorrhage. The CT scan was read as normal by the radiologist when in fact it showed extensive bleeding subarachnoid hemorrhage. Thereafter, emergency physician failed to order a lumbar puncture to further rule out a bleed because a CT scan at that time was only 85% to 90% sensitive to picking up a bleed due to the timing of the onset of the bleeding in the brain. Had a lumbar puncture been performed at that time it would have shown xanthochromia in the spinal fluid confirming bleeding in the brain. The patient was discharged from the emergency department with undiagnosed bleeding in her brain.
The next night, the patient returned to the emergency room to be seen by a different physician who only spent a few minutes with the patient and did not order any diagnostic tests, such as a repeat CT scan. The patient was again discharged. The patient presented to her family physician a few days later with similar complaints and was hospitalized. However, the family physician did not reorder a CT scan or perform any diagnostic tests to rule out a bleed in the brain despite her repeated complaints of headaches. Ultimately, the patient was discharged and later died of a ruptured brain aneurysm.
The patient’s husband and son brought a Wrongful Death lawsuit against the physicians for failing to diagnose the subarachnoid hemorrhage. The case settled after mediation for $1,100,000.
Patient v. Cardiologist and Hospital, [Confidential Location]
Patient, 51-year-old man, was life-flighted to hospital and came under the care of Cardiologist for treatment of heart attack. The Cardiologist attempted to perform a heart catheterization procedure to place a stent. During the procedure the doctor negligently punctured the patient’s femoral artery. Despite patient’s complaints of increasing pain, he was given more blood thinners and the internal bleeding was not diagnosed until hours later when the internal hematoma was so large it impaired the circulation in his body, injured his internal organs, and caused blood clots to develop in his legs. After a long recovery, he was left with permanent harm to his lower body. The case settled confidentially.
Patient v. General Surgeon, [Confidential Location]
Elderly Female Patient was treated by a General Surgeon for a hernia. During the laparoscopic procedure, the surgeon was not mindful of the instruments and perforated her intestine. He did not carefully inspect the operation site before ending the surgery so the perforation was not discovered until days later when contents of the patient’s bowels had been allowed to leak into her body cavity and become infected. Subsequent operations and medical treatment left patient close to death and her recovery was long and difficult. She was left with permanent harm to her health. The case was settled for a confidential amount.
Child v. Obstetricians and Hospital, [Confidential Location]
Young mother presented to the hospital in labor with her first child. The baby was large (macrosomia) and over-due. The medical staff did not properly monitor and evaluate the mother during the labor and did not recognize the need for a cesarean section. They chose to deliver the baby vaginally despite his size and the mother’s difficulty with labor. The baby became stuck in the birth canal– known as shoulder dystocia. The doctors then used improper force to deliver him, breaking his collar bone and, causing damage to the muscles and nerves of the baby’s right shoulder – known as Erb’s Palsy. As a result, the child’s right arm did not properly develop and he was left with permanent physical impairment and deformity. The case settled for a confidential amount.
Patient v. Riegel, Scott, St. John’s Mercy Hospital, and West County Radiology, [Franklin County, Missouri]
20-year-old young man arrived by ambulance to the Emergency Department with stroke-like symptoms. He had awoken during the night (about 1:45 a.m.) unable to move normally, with altered mental status and unable to verbally respond. Emergency Department doctor reviewed patient’s history and symptoms and claimed to have evaluated for a stroke, but did not document any findings. The doctor decided it must be illegal-drug-use related, even with no evidence of drug use and friends and family reporting no drug use. Doctor did not order any imaging of patient’s brain until the drug analysis was returned as negative. As a result, a head CT was not performed until almost 5 a.m., and then the radiologist (reading the images from his home) failed to notice the blood clot in the patient’s brain. Patient’s correct diagnosis of stroke was not made until a neurologist ordered repeat testing about 11 a.m. By this time, it was too late for tPA therapy to help minimize stroke damage. The young man was left with impairment in his ability to communicate verbally or in writing, known as expressive and comprehensive aphasia. The stroke also impacted the right side of his body and left him with motor impairments. The jury in the case returned a verdict in favor of the plaintiff for $2.5 million.
Dental Patient v. Henehan, DDS, [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.
Child 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.
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.
Worker 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.
Worker 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.
Worker v. Co-worker, [Laclede County, Missouri]
Co-worker had worker climb the mast of a Schramm water well drilling rig. Worker has his foot resting on the mast, when co-worker activated rotation of the drilling shaft entangling worker’s right foot in the rotating shaft and rollers resulting in traumatic amputation of part of worker’s right foot. The case was settled for $375,000.
Worker v. Co-worker, [Morgan County, Missouri]
Co-worker was operating a Schramm drilling rig while worker was guiding a 500 pound pipe into the tower of the drilling rig. Co-worker failed to ensure the cable was tight before lifting the pipe causing the pipe to break free crushing worker’s left arm. The case settled for a confidential amount.
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.
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.
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.
Williams, et al. v. ECHO'S Restaurant-Lounge, Inc. et al, [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.
Hotel Guest v. Quality Lodging, LLC; and R&D Lawn and Landscaping, LLC [Kansas City, Jackson County, Missouri]
32 year old construction/renovation supervisor was leaving defendant's Quality Inn to attend a morning meeting when she slipped on ice that had been allowed to remain between parked cars in hotel's parking lot. Plaintiff suffered a fractured ankle requiring a steel plate and screws. She was no longer able to be on her feet for the 12-14 hour work days as required by her construction supervisor job. She was forced to transfer to a desk job with less pay. Suit against the hotel and snow removal contractor settled for $250,000 the week before trial was to begin.
Do-Attack Victim v. Property Owners [Confidential Location]
Property owners were found liable through the Court's judgment for negligently keeping and harboring pit bulls with known vicious propensities and for failure to follow through on properly removing the 3 known dangerous pit bull dogs from their rental property. The dogs were improperly released from the property and viciously attacked Plaintiff. The Plaintiff suffered extensive physical harm resulting in extensive hospitalization and medical treatment, leaving Plaintiff with life long disability and scars. Plaintiff was awarded $7.25 million in damages against the property owners.
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.
Fed-Ex Driver v. Wagner Industries, Inc., [Jackson County, Missouri]
Driver was making delivery to warehouse that had failed to properly clear snow and ice from walking surfaces resulting in driver falling sustained a torn rotator cuff. Case settled at mediation for $250,000.
Segway Rider v. LeatherLips Segway Tours, [Lake Geneva, Wisconsin]
Plaintiff severely injured her left knee while operating a Segway i2 human transporter as part of a Segway tour in Lake Geneva, Wisconsin. Tour operator was negligent in providing inadequate training and instruction of a first time Segway rider down a steep hill. The case settled for $250,000.
Child v. Fishers, Grinnell Mutual Reinsurance Company, and Concordia Farmers Mutual Insurance Company [Independence, Jackson County, Missouri]
Homeowners' Insurance Company provided the wrong policy to their insured homeowners and denied a claim made for injuries suffered by a minor girl who was riding on the homeowners ATV. The case was presented to a jury that decided in favor of the minor girl Plaintiff and awarded her $ 100,000.
Burns v. Smith; and Farmers Alliance Mutual Insurance Company of Kansas, [St. Clair County, Missouri; 303 S.W.3d 505 (Mo. banc 2010)]
Plaintiff won a $2.7 million personal judgment for severe and disabling injuries against his supervisor who had negligently welded a concrete mixer truck's rusted water pressure tank and then ordered Plaintiff to "Run it 'till it blows". Plaintiff then sued his supervisor's personal farmowners/ranchowners insurance company to collect the judgment. The insurance company refused to pay its $1 million policy limit to satisfy the personal judgment against the supervisor because, the insurance company argued, the negligent act of welding the rusted tank arose out of the supervisor's "business pursuit" since it was done at supervisor's business, and therefore coverage was excluded by the policy's "Business Pursuits" exclusion.
Plaintiff argued that because of the grammar and punctuation used by the insurance company in drafting the policy's "Business Pursuits Exclusion", the exclusion could only exclude coverage if the injury arose (1) out of a trade, profession or occupation; and (2) the use of the supervisor's residence premises or any portion of such premises for any such business purpose, as written in the policy. Since neither the negligent welding nor the injury occurred on the property where the supervisor resided, Plaintiff argued that the exclusion did not apply and that therefore there should be coverage. The trial court agreed and granted judgment for the Plaintiff against the insurance company for the policy limits of $1 million, plus prejudgment interest and post-judgment interest, for a total judgment of $1.7 million.
The Missouri Court of Appeals for the Southern District reversed the judgment for plaintiff, but on further appeal to the Missouri Supreme Court the judgment for plaintiff was reinstated since plaintiff was correct that the insurance company's choice of grammar and punctuation in its "Business Pursuits" exclusion rendered the exclusion inapplicable since neither the negligent welding nor the injury occurred on the insured property where the supervisor resided, as required by a strict interpretation of the insurance company's choice of grammar and punctuation.
Jaynes v. Farmers Insurance Group; Williams v. Sivola, , [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.
Driver and Husband v. Used Car Dealership and Negligent Driver, [Springfield, Greene County, Missouri]
Negligent entrustment case arising out of Used Car Dealership's sale of vehicle to negligent 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 negligent 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 in the amount of $1,237,000, and to Plaintiff's husband in the amount of 25,000 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.
Home-Health Aide v. Insurance Company, [Kansas City, Kansas]
Plaintiff, a home-health aide, was attacked by a pit bull while taking care of her patient inside the patient’s home. Plaintiff was taken to hospital via life flight due to the serious nature of her injuries. Homeowner’s insurance policy allowed for Plaintiff to make a claim against both homeowner’s for two separate policy limits. Insurance company took the position that its policy only provided one policy limit for both homeowners. Insurance company paid $50,000 policy limit on behalf of one of the homeowners. Plaintiff filed suit against the other homeowner. Insurance company refused to provide a defense or represent the other homeowner in the lawsuit. After a trial, a judgment was entered against homeowner in the amount of $699,293.70, in addition to $200,000 in punitive damages. Plaintiff filed garnishment action against insurance company, and was removed to Federal Court. After filing cross motions for summary judgment, the case was settled at mediation.
Driver v. Driver, [Jackson County, Missouri]
Intersectional collision. Both drivers claimed to have had the green light. The other driver was insured with American Family with minimal policy limits of $25,000. Client suffered a herniated disk at C4-5 requiring an anterior discectomy with fusion and instrumentation. Her medical bills exceeded the policy limits. American Family denied the claim. As a result, a lawsuit was brought against the other driver. After the deposition of the other driver, it was apparent that she had run the red light. Immediately thereafter, the insurance company recognized the bad faith implications of rejecting the claim outright, and scheduled a mediation. During the mediation the lawsuit was resolved for $250,000 or 10 times the policy limits.
Dog-Attack Victim v. Homeowner and Homeowner’s Insurance, [Confidential Location]
Victim of a vicious dog attack brought suit against the negligent homeowner and the homeowner’s insurance to collect the amount of damages that a Court had awarded him. The insurance company had refused to pay the claim in bad faith. The case settled before trial for a confidential amount.
Wife and Husband v. Houseguest, [Jackson County, Missouri]
Plaintiffs, husband and wife, brought a claim against a family member that sexually assaulted wife while he was a guest in their home. The Defendant houseguest, his wife and child were staying with the Plaintiffs on the night following a family celebration for the Plaintiffs’ child. Defendant was part of the husband’s extended family and had been drinking. That night, Plaintiff wife went to bed before her husband. She awoke some time later to the Defendant houseguest trying to have intercourse with her in her own bed. The Defendant was arrested on the scene. He claimed he was drunk and thought he was with his own wife. Ultimately, he was not criminally prosecuted.
Wife suffered extreme emotional harm after being sexually assaulted in her own home and she was diagnosed with serious PTSD. Plaintiffs moved from their home soon afterwards. And wife’s trauma greatly affected her marriage and the relationship with the husband’s extended family. Husband and wife brought legal action against the Defendant houseguest to hold him responsible for the harms he caused. The Judge who tried the case stated it was the most “compelling, poignant, gut-wrenching recitation of a traumatic event” that had been heard in his courtroom and he admonished the Defendant for his disinterested and remorseless conduct during the trial. The Court awarded the Plaintiffs $6,000,000 in damages.
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