Case Summaries
- Auto Accident
- Construction/Industrial Accident
- Dangerous Premises
- Dangerous Products
- Medical Malpractice
- Other Cases
Auto Accident Cases
Auto insurance responsible for claim after Rental Company filed bankruptcy.
Our client was turning his rental car at the airport when he was struck by another car driven by a rental service attendant. Our client received multiple injuries in this accident; including a closed head injury, shoulder strain and ankle fracture/dislocation. The rental company settled for $20,000.00 and our client's auto insurance settled for $260,000.00 of underinsured benefits.
Failure to yield the right-of-way - Automobile Accident
On July 5, 2003 a father, mother and daughter were driving in a Toyota Corolla in an eastwardly direction in Baldwin City, Kansas when defendant, who was operating a Ford F600, negligently and carelessly failed to stop for a stop sign and caused a collision with our client's vehicle. The father received a compound fracture to right ankle and a serious injury to his spleen, the mother received a compound fracture to her right knee and right wrist and the daughter had multiple mesentery lacerations, multiple abrasions and lacerations and bruising throughout her body and they all have permanent disfigurement and scarring. Timothy W. Monsees and David M. Mayer settled the case for $402,273.80. Defendant had policy limits and remaining limits were paid to another party injured in the accident who was a passenger in out clients' vehicle.
Our client suffered a hairline fracture to the metatarsal bone in her foot as a result of an automobile accident. Although our client did not have a lot of economic damages, this injury ended our clients sporting activities for two years while she was being treated. We were able to collect $135,000.00 from the automobile insurer for the person at fault for the accident.
Our client sustained head injuries including damage to an eye in a rollover accident while he was a passenger in a Chevrolet Suburban. Although he was seat belted, he was ejected from the vehicle. We collected the policy limits of $100,000.00 from the driver's automobile insurer and also looking into bringing suit against General Motors for his injuries which far exceed $100,000.00.
Our client received debilitating back injuries when he was involved in an accident in which his Ford Bronco II left the medium of the highway and rolled over. He was ejected from the vehicle. Our client claimed that a delivery vehicle had run him off the road and left the scene of the accident. We were able to secure a $500,000.00 settlement on behalf of our client from the company which dispatched the delivery vehicle.
Head On Collision At A High Rate of Speed
One moment you are traveling down a divided highway minding your own business and the next a truck pulling a trailer in the opposite direction loses control, crossed the center median and strikes you head on changing your life and that of your spouse forever. This was the situation our clients faced when their son came to us seeking help for his elderly parents who were confined in separate hospitals and nursing homes. The case was relatively easy to settle because the accident was devastating and there was limited insurance coverage of only a quarter of a million dollars ($250,000.00). The hard part is sheltering the inadequate recovery from Medicare and other health care plans that claim a right to reimbursement of medical expenses they paid, even though these may exceed the victim's recovery. Unfortunately, the victims of negligent drivers are routinely victimized again by health care plans that see more than their fair share of the recovery. In some instances health care plans have no right to reimbursement at all, yet these people pay these claims everyday.
Farmer's Policy Covers Negligent Operation of Combine
When operating farm equipment on a public roadway, the driver must follow the rules of the road taking into account the nature of the farm implement being operated. Here, a farm employee operating a combine failed to yield the right of way to an elderly couple driving through the intersection. While the husband escaped relatively unscathed, his wife suffered a broken leg which was slow to heal. She was unable to walk for a number of months and even though she physically healed, psychologically it took a lot longer for her to trust herself to walk unaided. Many elderly people are worried about reinjury through a fall or otherwise so they are hesitant to give up their walker or cane. Fortunately, we were able to find not one but two farmers insurance policies since a father and son jointly operated the farming business and recovered the limits from both totaling $400,000.00, plus a few thousand additional in medical payments coverage.
Not Enough Insurance Coverage For Adequate Compensation
While $100,000.00 sounds like a lot of money, it does not begin to cover the injuries and damages suffered by the victim of a serious automobile accident. Our job as personal injury attorneys is not only to secure the available policy limits, but also to look for other means of compensation including, but not limited to the following: whether there is uninsured or underinsured coverage that applies; if there are any medical payment benefits available; whether the driver had a insurance policy separate from the policy covering the vehicle; if the driver was acting as an agent or employee of a business or of somebody else; whether the driver was engaged in a joint venture with a third party who might be responsible; if there is any workers compensation coverage because of employment; whether any disability, life or other insurance policy applies; what medical benefits or health plan coverage is available and the list goes on and on. Unfortunately, despite our best efforts we were not able to find any additional compensation for our client, but she can be rest assured that all potential sources of compensation were fully investigated. If you want to protect yourself from underinsured, or uninsured, drivers be sure to buy these insurance coverage's in sufficient amounts, as their cost is relatively reasonable.
Construction/Industrial Accident Cases
Ford Truck - Construction Site Accident - Wrongful Death
Truck driver dropping load at terminal was collecting straps and tarps from load when fork truck driver operating from opposite side of truck pushed load of refrigeration panels onto driver. Wrongful death of father of two children from fork truck driver and construction contractor. Settlement: $1,000,000.00
Our client's father was killed when he was a passenger in an automobile traveling through a highway construction zone. The truck he was traveling in struck a pothole that was large enough to break the front tire rod causing the vehicle to lose control. The construction zone had closed one side of a divided highway and traffic was diverted to the other side on which vehicle traveled both directions separated by orange cones. The vehicle veered to the left, head on into a minivan at high speed. Our client's father was instantly killed. We were able to secure a $900,000.00 settlement in behalf of his minor children from the highway construction contractor and the Missouri Department of Transportation, as well as the other driver of the automobile in which our client's father was passenger. We structured our client's settlements into annuities so their money will be invested until they are forty years old. There will be a lump sum payments that will allow them to go to college, purchase a house and live a lifestyle that their father would have provided. At age forty they will receive a significant lump sum payment tax-free.
A Serious Injury Can Retire the Toughest Worker
Our client, a woman working a mans job "pouring concrete" was forced to retire when a concrete truck chute struck her in the back. The concrete truck driver started his vehicle before securing his chute and it swung into our client as she was facing the other way. She and her husband had worked concrete jobs throughout Missouri, Kansas and Arkansas for many years but this accident ruptured a number of discs and forced her into permanent retirement from any type of physical labor. She was also unable to continue her active life style which included riding motorcycles to horses and this was just as devastating. Despite the monetary recovery we made for her, her life will never be the same again as money can never replace your health. She was very thankful that the insurance company recognized the seriousness of her injury and fairly compensated her for it.
Dangerous Premises Cases
Our client suffered significant injuries to her back, shoulder and ankle when a residential deck collapsed during a wedding reception. We were able to collect $175,000.00 from the homeowner's insurance company for her injuries which allowed our client to receive the medical attention and physical therapy she needed. We were able to significantly reduce the subrogation lien brought by her medical insurer so she could keep more of the settlement.
Young Man Becomes Paralyzed After Diving Into Hotel Pool
We successfully represented a young man who suffered a broken neck after diving into a hotel pool. Our client thought he was diving into the deep end of the pool but actually dove in water only 3 feet deep. After a thorough investigation including hiring top experts, we discovered the hotel failed to properly mark and design the pool. The jury awarded our clients, husband and wife, a judgment for $5,300,000.00.
High School Student Shot At Nightclub
We represented the mother of a high school student who was shot and killed at a dance hall. Our investigation revealed over 100 prior violent incidents at the nightclub. We retained experienced experts in the security field who found numerous deficiencies. A verdict of $4,600,000.00 was awarded for the death of this promising young man.
Sometimes Your Job Can Be Dangerous
Our truck driver client makes a delivery of liquefied egg whites in the middle of winter. The facility to which he delivers this slippery product requires that he cross the dock area where the tanks of egg whites are pumped into a storage silo. The trucker realized that the floor is slippery due to a mixture of frozen egg whites and ice but successfully navigates it to report his delivery at the loading dock. Unfortunately on the way back across this sheen of frozen egg whites, he slips and falls severely injuring his knee. This accident effectively retired our client since he has an extensive recovery period, some permanent disability and is in his mid 60s. Despite prior injuries to his legs and a preexisting arthritic condition, we were able to settle the case so that our clients forced retirement was more agreeable to him. Our recovery allowed him to purchase the fishing boat he always wanted and he put the rest of the money away toward future living expenses.
The Egg Shell Rule or Take The Plaintiff as you Find Her
Our client, a New York resident, has walked on a previously broken ankle for over a decade without any problems. But that ended when an airport shuttle attendant pulled the hotel van door, against which she was leaning, open and she fell out of the vehicle onto the same ankle. The fibrous material had healed around the "non-union" bones tore and she was again unable to walk. Because people have a variety of infirmities, the law requires defendants to take the Plaintiff as they find him or her. Sometimes called the "egg shell rule," this simply means that the responsible party cannot use the victim's infirmities against him or her, as long as they did not cause the accident. Here, our client's broken ankle did not cause the accident so the consequence of the fall caused by the defendant's negligence was entirely its responsibility. The resulting settlement enabled our client to buy a house in New York which she had been working for years to afford.
Operating A Car Wash In The Winter Can Be Dangerous
Operating a car wash business in the wintertime in Missouri will result in the formation of ice. This is foreseeable-water freezes when the temperature drops to 32 degrees Fahrenheit (zero degrees centigrade). The car wash owner knew this but so did our client. Who bears the responsibility for this slip and fall accident on ice? Does the customer assume all risks of an accident by washing his car in the wintertime? Or does the car wash owner have an obligation to make its premises safe by preventing and/or removing ice if it chooses to operate in the wintertime? Given the results of this case, it was clear that the insurance company for the car wash company felt its insured responsible for failing to prevent ice from forming, such as through heated concrete floors, or at least removing any ice that formed and warning its customers about this danger when the temperature dropped.
Dangerous Products Cases
Vehicle Rollover - Roof Crush - Ford Motor Company
A Ford F-150 pickup truck rolled in side collision with a passenger car. The accident crushed the roof of the passenger car and resulted in death of driver and quadriplegia of passenger. Our client has total disability with paralysis and loss of earnings capacity. Settlement: Confidential
Drug Liability - Fen Phen - American Home Products
Diet Drug Fen Phen. Our client suffered severe heart valve damage from taking Fen Phen. Case settled before National Diet Drug Class Action Settlement.
Settlement: $2,168,654.34
Hip Implant Recall Results In Settlement
Sulzer Orthopedics shipped a batch of approximately 18,000 hip implants without properly cleaning the manufacture grease from the hip joint which prevented bone growth adhering to the prosthesis. Our client who was in his 80s was one of the unfortunate recipients of these defective implants. He lived in rural Missouri near Springfield but the local doctors refused to treat him due to his age and poverty. We found a doctor in St. Louis who specialized in the correction of orthopedic mistakes only to discover that Medicare would not pay for his transportation other than to Springfield. So we drove the elderly client to his appointments in St. Louis, including his preoperative exam, the operation to replace the hip implant and his postoperative follow-up visits. To its credit, the manufacturer of the bad batch of hip implants admitted its fault and paid reasonable compensation to those people who developed problems, including our client who now has enough money to take care of himself for the rest of his life.
Medical Malpractice Cases
Medical Malpractice - Undiagnosed Popliteal Artery Aneurysm - Amputation
Client had severe cramping behind knee. Because of the delayed diagnosis and surgical bypass of popliteal artery aneurysm our client resulted in compartment syndrome and amputation of leg below the knee. Settlement: Confidential
Child Dies at Daycare Facility
Our firm represented the mother of a newborn who was taken to the emergency room and eventually died. The daycare provider responsible for the child's care denied any wrong doing. Our investigation revealed numerous violations, including one presence of too many children and uncovered the revocation of her license by the State. One condition of the settlement offered and accepted was that the amount remains confidential.
Other Cases
Consumer Fraud - Are You Really Insured?
Our client purchased a used vehicle from a local automobile dealership which also took money for its insurance coverage. Unfortunately, the agent to whom the automobile dealership directed the business pocketed the premium and never obtained coverage for our client who was later involved in an accident. Our client attempted to contact his alleged insurance company only to find that it did not exist and the agent was long gone as he was wanted by the authorities for criminal prosecution. However, since the dealer required the insurance coverage recommended the broker, collected the premium, ran the money through its account and paid for the insurance it acted as an agent and was responsible under Missouri law for our clients' damages. While it took some convincing, eventually the automobile dealership's errors and omissions carrier paid for our client's vehicle which was totaled as well as a premium for his trouble. We threatened a class action against the dealership on behalf of all of it customers who were similarly defrauded by the broker, but it avoided other claims by making our client an offer he could not refuse. Unless the other customers have the misfortune to experience a similar claim, they will never know that they were uninsured as the law does not require that you do the right thing before the fact; it only requires that you pay the penalty after the fact if you do the wrong thing.