A 56 year-old mother of 2 was killed when a motorcycle on which she was a passenger, was struck by a drunk driver who crossed the center line. The defendant driving while intoxicated, lost control and allowed his vehicle to cross the center line, go off the traveled portion of the roadway and slide broadside into the motorcycle. A substantial settlement was reached when all 3 insurance policies paid their maximum policy limits

 

 

A 34 year-old daughter suffered childhood sexual abuse from her father. She continued to have emotional problems caused by the abuse. The defendant made no offer of settlement prior to trial. After a three day trial, the jury returned a six figure verdict for the daughter and against the father, including an award of punitive damages. The claim was filed under Section 537.046, which allows childhood sexual abuse cases to be prosecuted for physical injury or illness or psychological injury or illness.

 

PRODUCT LIABILITY—FAILURE TO WARN
(DEFECTIVE TIRE)

 

A 28 year-old male plaintiff suffered extensive injuries including permanent paraplegia, fractured femur, fractured ribs, fractured collar bone, and closed head injury when a rear tire on the truck he was driving catastrophically failed causing his truck to overturn. According to plaintiff’s experts, he incurred approximately $200,000.00 in medical expenses, $4,000,000.00 in past and future lost earnings, and required $4,000,000.00 future care and treatment as a result of his injuries. The tire was a Firestone FR 480 brand tire that was ten years old, but was not subject to a recall. The plaintiff alleged the tire was defective in that Firestone failed to design in an adequate safety margin and failed to maintain tight enough tolerances during manufacturing to insure a safe and satisfactory performance for the life of the tread on the tire regardless of its age. A substantial settlement was reached with Firestone.

 

 

A 60 year-old man was hit head on by a tractor trailer when the truck crossed the center line. He incurred severe injuries throughout most of his body, including a severed spine and a closed head injury. The case went to trial and Plaintiffs received a multi-million dollar verdict that was four times the last settlement offer made by Defendants prior to trial.

 

 

The firm gained one of Missouri’s ten largest jury verdicts of 2001 in a claim filed under Missouri Revised Statutes Section 210.115. The plaintiff was a child abused so severely during the first three months of her life that she is in a near vegetative state. The defendants were various care providers for the child who saw evidence of abuse including bruises and a fractured skull but failed to report the injuries to any authorities. A substantial settlement was reached with one doctor involved in the child’s care prior to trial. The plaintiff obtained a substantial jury verdict against another of the child’s doctors at trial. This case was important not only for its result but also because it was the first such claim successfully litigated in the State of Missouri.

 

 

The firm also gained one of the largest jury verdics in the state in 1999 in a sexual harassment claim. The claim was brought on behalf of a nurse against a medical clinic in West Plains, Missouri. The primary offender was the head of the radiology department at the clinic; however, other management personnel were also at fault by virtue of failing to conduct a proper investigation, by failing to take action to reprimand the problem employee and by allowing fellow employees to retaliate against the plaintiff. No settlement offer was made prior to trial. After a trial in the United States District Court for the Western District of Missouri, the jury returned a substantial award against the defendant including a punitive damage award in the amount of $300,000.00.