Some of our results are confidential. We have obtained tens of millions of dollars for our clients. Here is just a snapshot of some of our recent victories:
Catastrophic Car Accident Judgment
Case Disposition: $17,000,000 Judgment
Cause(s) of Action: Negligence
Facts: Plaintiff was a young girl seated as a passenger in a car driving on I-70. The driver suddenly lost control of the car. The exact reasons why remain unknown, however, it had been raining and the road was slippery. The car spun out of control and onto an embankment before reentering the interstate and being struck by a commercial motor vehicle.
Comment: This was a very tragic case that resulted in our client suffering extreme brain injury as well as other multiple physical injuries. The judgment was not based upon just the medical bills but based on a life-care plan obtained through an expert life-care planner which calculated for all of the care and medical treatment she would need throughout her lifetime.
Missouri Tractor-Trailer Crash
Case Disposition: $5,500,000 Settlement (during trial)
Cause(s) of Action: Negligence per se, Negligence, Respondeat Superior
Facts: Client was driving a motorcycle on a rural highway in central Missouri when a tractor-trailer rear-ended the motorcycle and caused serious injury. It was heavily disputed whether or not the motorcycle driver had a mechanical problem and whether the truck driver was even working at the time of the crash, which was on a Sunday.
Comment: Accidents involving a tractor-trailer are very serious and require legal representation of lawyers who have a wide knowledge of both federal and state law. These types of crashes are notoriously complicated and time consuming. The documents relevant in a tractor-trailer crash can reach thousands of pages. Only a skilled truck crash lawyer with a detailed understanding of the Federal Motor Carrier Safety Regulations can achieve maximum compensation for the client.
Missouri Semi-Truck Accident Settlement
Case Disposition: $2,750,000 Settlement
Cause(s) of Action: Negligence, Negligence Per Se, Negligent Supervision/Training/Retention
Facts: Our client was seated in an automobile which was T-Boned by a Freightliner tractor-trailer being driven by a local delivery company. This was a viciously contested case in which the trucking company filed three separate motions to transfer the case out of the City of St. Louis, where we had chosen to file. They lost each time. Our client suffered severe personal injuries and the case ultimately settled after mediation.
Comment: This case epitomizes the chess match that one goes through in a personal injury case. Quite frankly, the truck company had several good arguments about why they were not responsible for causing this wreck. However, we also had several strong arguments and we leveraged the strength of those arguments to achieve a very substantial settlement in a case where the truck company’s insurer originally denied all liability and initially said they would not offer any settlement to the Plaintiff.
Missouri Dram Shop Claim
Case Disposition: $2,300,000 Settlement
Cause(s) of Action: Premises Liability, Negligence,
Facts: Represented surviving parents who tragically lost their children in a serious motor vehicle crash. It was later discovered that the driver of the other car had been drinking alcohol at a local bar. It was further discovered through litigation that the staff at the bar failed to exercise responsible beverage service in violation of Missouri dram shop laws.
Comment: Bars are clearly in business to serve alcohol to patrons. The problem arises when employees fail to observe the training provided by TIPs and other organizations who offer guidance on when to halt beverage service to a “visibly intoxicated” individual. The laws in Missouri make it difficult for a plaintiff to prove that a customer was visibly intoxicated, however, circumstantial evidence and expert testimony can offer guidance in determining fault.
Missouri Commercial Bus Crash
Case Disposition: $2,000,000 Settlement
Cause(s) of Action: Negligence, Negligent Hiring/Retention/Training/Supervision, Respondeat Superior
Facts: Our client was driving his wife to dinner when they came upon stopped traffic. After being stopped for nearly thirty seconds, they were hit from behind by a commercial bus driver. The plaintiff ultimately underwent a spinal fusion in his low back and was unable to return to work and faced a lifetime of lost wages. The matter was filed in federal court and settled several months before trial.
Comment: This was an extremely hard fought case in which the insurance company went to such links as to secretly videotape our client. When of the biggest successes of this case was that we defeated multiple motions to dismiss our claims against the employer of the bus driver for their multiple violations of the Federal Motor Carrier Safety Regulations. These defense tactics are fairly new and this case helped create judicial rulings that will be able to used for decades in future cases.
Missouri Tractor-Trailer Crash
Case Disposition: $795,000 ($295,000 settlement, $500,000 verdict)
Cause(s) of Action: Negligence per se, Negligence, Respondeat Superior, Uninsured Motorist (UM)
Facts: Client was a truck driver. He driving a truck for his employer on the highway when another tractor-trailer swerved into his lane without warning, causing an impact. The other driver fled the scene and was later identified in Canada. Following three years of heated litigation, one defendant settled two days prior to trial. The other defendant (a large insurance company) continued to deny liability. We obtained a $500,000 verdict against them at trial.
Comment: Litigation involving trucking companies and large insurance companies is a protracted, expensive process, but this is a fight we take on for the greater good of the public. We feel that our legal fight against unsafe truckers and the insurance companies that choose to insure them is slowly making a difference. These companies need to be reminded that public safety is paramount to profits. Obtaining substantial settlements and judgments against them sends a definitive message and hopefully will save future lives.
Product Liability – Carbon Monoxide Poisoning
Case Disposition: $750,000
Cause(s) of Action: Defective Design, Defective Manufacturing, Negligent Design, Negligent Manufacturing
Facts: Client was a truck driver. In 2003, she had been given a new (manufacturer confidential) truck with a new engine design. Over the next six months, our client began feeling increasingly sick. She was nauseous, suffered headaches, and increasing concentration problems. Eventually, she realized every time she was in the truck, she became sick. Ultimately, it was discovered that the engine was leaking small amounts of carbon monoxide into the engine. We were among the first to sue the manufacturer for this defective design which allowed small amounts of carbon monoxide to be leaked from the engine and sucked into the cabin. Ultimately, the manufacturer settled during mediation shortly before trial.
Comment: It is a general rule of thumb among personal injury lawyers that to have an effective products liability case, there has to be numerous OSI’s – other similar instances. In this case, we had very few of such. However, we overcame that fact with extensive testing and by retaining some of the world’s best experts. In fact, this case involved 13 experts and became highly technical.
Head-on Car Accident
Case Disposition: $300,000
Cause(s) of Action: Negligence
Facts: Young man was seriously injured a car accident when another driver crossed the center line of traffic and struck his car nearly head-on.
Comment: Crossing the center line of traffic is a very common cause of serious car accidents in the state of Missouri and this case is reality of what happens each day due to driver inattention. Don’t text message or email when you are driving because an accident will eventually happen.
Missouri Tractor-Trailer Crash
Case Disposition: $225,000
Cause(s) of Action: Negligence per se, Negligence, Respondeat Superior
Facts: Client was a restaurant employee. Upon entering the restaurant’s walk-in cooler, she was injured by a full keg of beer that was negligently stacked by a beer distribution company. Client recovered under her employer’s workers’ compensation coverage, but also had a viable cause of action against the distributor itself.
Comment: Most of the time if an employee is injured while acting in the course and scope of his/her employment, the sole remedy is workers’ compensation. However, on occasion that worker will have a third-party negligence action against a wrongdoer other than the employer. In this case, the distributor was partially to blame for the injuries sustained. Therefore our client was entitled to recovery under workers’ compensation laws AND negligence attributable to the distributor.
Slip & Fall Claim
Case Disposition: $190,000
Cause(s) of Action: Premises Liability, Negligence, Respondeat Superior
Facts: Client was a restaurant employee. Upon entering the restaurant’s walk-in cooler, she was injured by a full keg of beer that was negligently stacked by a beer distribution company. Client recovered under her employer’s workers’ compensation coverage, but also had a viable cause of action against the distributor itself.
Comment: Most of the time if an employee is injured while acting in the course and scope of his/her employment, the sole remedy is workers’ compensation. However, on occasion that worker will have a third-party negligence action against a wrongdoer other than the employer. In this case, the distributor was partially to blame for the injuries sustained. Therefore our client was entitled to recovery under workers’ compensation laws AND negligence attributable to the distributor.
School Bus Accident
Case Disposition: $140,000
Cause(s) of Action: Negligence, Negligence Per Se
Facts: Plaintiff was a student on a school bus when the driver drifted off the road, causing the bus to roll several times and eject students from their seats.
Comment: Drivers of school buses are required to exercise the highest degree of care when transporting students. Bus drivers are required to go through rigorous training in order to make certain they are adequately qualified. We trust our children to these drivers. When they are negligent or reckless, the results can be catastrophic.
Single Vehicle Car Accident Claim
Case Disposition: $121,000
Cause(s) of Action: Negligence, Negligence per se
Facts: A young woman was injured when the vehicle she was riding in lost control and flipped over. It was suspected that the driver may have consumed alcohol earlier in the evening. Furthermore, the defendant was a relatively new driver and failed to properly obey the Missouri statutory “rules of the road”.
Comment: Many of our clients involved in car crashes are struck either from behind or head-on by a car crossing the center line of the road. It is important to always practice defensive driving techniques and anticipate that other drivers can and will cross over into your lane of traffic for reasons as common as using a cell phone or lighting a cigarette. Being inattentive is a common reason for the cause of vehicular collisions in Missouri, so PAY ATTENTION to the road and anticipate that other drivers don’t.
Slip & Fall Claim
Case Disposition: $115,000
Cause(s) of Action: Premises Liability, Negligence
Facts: Plaintiff slipped on barbeque sauce inside of a popular restaurant. Plaintiff alleged that the barbeque sauce was concealed by the dark redish color of the tile floor, making it impossible for her to notice in time to avoid the fall.
Comment: Business owners have a duty of care to make certain that the premises is free from hazards, otherwise known as dangerous conditions, that the owner knew, or should have known, existed. Restaurants commonly struggle with this, as liquids are regularly spilled on the floor in customer walking areas. Nonetheless, restaurant owners must take time to sweep the common areas for liquids and other hazards and to warn or remedy the condition. Visit our slip and fall victim help center for more information on this area of personal injury law.
Minor Impact Car Accident Claim
Case Disposition: $100,000
Cause(s) of Action: Negligence, Negligence Per Se
Facts: Client was injured in a car accident. This particular client had extensive pre-existing treatment to his neck and back, body parts that were also injured in this crash. Doctors could only offer testimony that his injuries were exacerbated by the current crash, not caused by it.
Comment: This case posed several challenges. First, there was only minor damage caused to the vehicles involved in the crash, something insurance companies hand there hat on in most injury claims. Second, this client had a long history of treatment to his neck and back prior to the crash, resulting in a diluted claim value for pre-existing medical conditions. However, our personal injury lawyers were relentless and pushed forward until we were able to obtain the full $100,000 in policy limits available to this incident.
Day Care Negligence
Case Disposition: Policy Limits
Cause(s) of Action: Wrongful Death, Negligence, Assault, Battery
Facts: 18-month old boy dropped off at a home daycare operated by defendant. Later on that day, the young boy was taken by ambulance to the hospital and was treated for almost three full days before he passed away. The coroner and physicians determined that his death was attributable to Shaken Baby Syndrome (SKS), brought about by the defendants.
Comment: The facts of this case are tragic in so many respects and received both local and national media coverage. Archived media coverage is available at KMOV’s website. Criminal charges have also been brought against the defendant in this case.
Minor Impact Car Accident Claim
Case Disposition: Policy Limits
Cause(s) of Action: Negligence, Negligence per se
Facts: Client was injured when her vehicle was crashed into from behind. Although there was never a police report made because damage to the vehicles was minimal, our firm was able to argue liability and settle this matter prior to filing a lawsuit for the full policy limits of insurance available to the defendant.
Comment: It is always good measure to call police and demand that a crash report be made on the scene. Evidence will be obtained by the reporting police officer, which will include any witness statements, insurance information, conditions at the scene, and even the police officer’s opinion on what circumstances contributed to cause the crash itself. Sometimes people have a tendency not to report accidents to police when damage to the cars is minimal. This is a mistake! Getting the police involved in each and every collision is the best way to protect yourself from fraud or an obtuse insurance company later on down the line.
Injury at Fitness Facility
Case Disposition: Lawsuit filed, confidential pre-trial settlement achieved
Cause(s) of Action: Premises Liability, Negligence, Negligent Supervision/Training/Retention
Facts: Plaintiff was seriously injured when performing a body movement under the direct supervision and care of a personal trainer. It is believed that the personal trainer was not properly qualified to train plaintiff and was requesting that plaintiff perform a body movement that was extremely advanced given her status as a beginner. Plaintiff was required to undergo knee surgery to repair the damage sustained in the injury.
Comment: Everyone knows that fitness activity carries a certain degree of exposure to personal injury. In fact, most gyms require new members to sign a “waiver of negligence” that will preclude them from suing the gym if they are injured when using fitness equipment on the premises. In certain situations however, this type of liability waiver is not enforceable if the victim is injured under the direct care and supervision of a personal trainer.