Below are examples of cases we have handled. Although these summaries are factual, the names of some of the parties may have been changed or abbreviated to protect the confidentiality of clients, minor children, and in some case to comply with confidentiality agreements.
Multiple Semi-Trucking Accident & Workers' Compensation
C.E.C v. Livraison Rapide Paquin, Inc., et al.
Federal District Court, Western District of Oklahoma, Oklahoma City, OK
Confidential Settlement
A 49 year old career truck driver was seriously injured when a driver for a Canadian trucking company drove into the rear of his semi on I-44 in Oklahoma during an over-extended trip from Canada to California. The client was off duty in the sleeper berth while his co-driver operated the truck. When the fully loaded Paquin truck and trailer struck from the rear, it threw the client into the windshield causing him to sustain a severe injury to his brain and cranial nerves as well as multiple orthopedic injuries. The client filed suit in federal court in Oklahoma to obtain jurisdiction over the foreign corporation. The law suit involved many complex legal issues, including suits against foreign entities and international law, electronic discovery issues in a trucking case, and wrongful destruction or spoliation of evidence.
$93,500.00 Settlement for Disability Benefits in Workers' Compensation Claim
In addition to money damages recovered from the negligent trucking company, C.E.C. brought an action to recover workers' compensation benefits against his employer.
Wrongful Death - Pedestrian Struck by Car
In re the heirs-at-law of D.L.M. v. B.R.D, a minor, et al.
Circuit Court of Clay County, Liberty, MO
Circuit Court of Lawrence County, Mt. Vernon, MO
Confidential Settlement with one Defendant
$1 Million Judgment as to remaining Defendants
An 17 year old D.L.M was killed while walking home from his girlfriend's home. Angry at him, the girlfriend used her parent's vehicle in an attempt to scare D.L.M. The girlfriend claimed to have lost control of the vehicle and accidentally struck D.L.M. at a high rate of speed. He died at the scene of the accident, leaving behind his mother, father, and his twin brother. The girlfriend left the scene of the accident and later tried to hide the accident, claiming that the damage to her parents vehicle was from striking a fence. D.L.M.'s parents brought a law suit against the girl for the Wrongful Death of their son. They also sued her parents for negligent entrustment of the vehicle to her, when it was learned that the daughter should not have been given the keys due to multiple prior traffic violations.
Wrongful Death - R.V. Accident with Tracker Trailer and Highway Department Truck
In re the heirs-at-law of W.B.K v. Schneider Trucking, Missouri Highway Comm. (MoDot), et al.
Circuit Court of Jackson County at Kansas City, MO
Confidential Settlement with two Defendants
$695,000.00 Judgment as to remaining Defendants
W.B.K. was severely injured when the R.V. which she was a passenger in struck the rear-end of a slow moving MoDot truck which was the tailing truck of a paint striping operation. The accident was precipitated when a Schneider tractor-trailer drove to fast as he massed the R.V. and cut off the R.V. close, blocking the R.V. driver's view of the slow moving MoDot truck ahead. At the last possible moment, the Schneider truck negligently jerked his wheel and changed lanes, leaving the vulnerable R.V. no time to avoid striking the MoDot truck. The R.V. rolled over as it left the highway. W.B.K. sustained injuries, and after a six month hospital stay, she succumbed to her injuries and passed away. Her survivors reached confidential settlements with Schneider and the driver of the R.V. They later brought suit for negligence against MoDot when it was learned that they had violated their own internal safety policies by placing the slow moving truck with a directional arrow in the lane of travel instead of placing it on the shoulder where it would be more visible and safer to oncoming traffic.
Trucking Accident - Neck and Back injury developed into Fibromyalgia
J.M.W. v. Elm Transit Company, et al.
Circuit Court of Jackson County at Kansas City, MO
$640,000.00 Judgment
A 39 year old daycare van driver was rear-ended by a semi tractor-trailer and forced into the traffic ahead his vehicle. He sustained a moderate back and neck injury and later developed fibromyalgia, a chronic pain syndrome characterized by persistent muscle, joints, or bone pain and fatigue. Believed be a genetic predisposition in some people, an onset of fibromyalgia symptoms can occur after trauma.
Trucking Accident - Struck from the rear on Illinois Interstate
J.L.H. v. Worrel Transport, Inc., et al.
Circuit Court of Wright County, Hartville, MO
$425,000.00 Judgment
A 41 year old lady was injured when her vehicle was struck from the rear by a tractor-trailer. She sustained injuries to her cervical spine resulting in a discectomy and a failed neck fusion surgery. J.L.H. was an unrestrained passenger in her vehicle at the time of impact, and as a result she suffered pericarditis (bruised heart). She also suffered from fibromyalgia.
Auto Accident - Defendant Driving while Intoxicated
R.S.F. et al. v. Robert M. Heising, et al.
Circuit Court of Lawrence County, Mt. Vernon, MO
$525,000.00 Arbitration Award
R.S.F. and others were injured when a drunk driver crossed the center of the highway and struck their vehicle and forcing it off the roadway. The Defendant had left a bar just prior to the collision, where he had been drinking, in his own words, "a lot." He later tested with a blood alcohol content of .159 and was arrested for DUI. The injuries included fractured arm and cervical disc injury and fusion surgery.
Trucking Accident - Driver Illegally Parked in Blind Spot of Highway Entrance Ramp
M.S.S. v. New Prime, Inc.., et al.
Circuit Court of Greene County, Springfield, MO
$287,000.00 Settlement
A 29 year old career Army soldier sustained a fractured pelvis when the driver of his car served to miss an Prime semi truck that was illegally parked on a highway entrance ramp. When the driver served, he lost control and spun onto the highway and into the path of oncoming traffic and was thereby struck and causing a multi-vehicle collision. The client filed a law suit against Prime Trucking when it was learned that their driver had experience multiple mechanical failures prior to his stopping point, but had been instructed by the company to continue driving, knowing it was not safe to do so. The Prime truck eventually broke down on a dangerous blind curve.
Dangerous Premises - Hotel Left Dirty Syringe in Room, Patient Stuck in Foot
D.J.B. v. T.L.I., et al.
Circuit Court of Greene County, Springfield, MO
Confidential Settlement
D.J.B., a 42 year old Registered Nurse who was visiting the Springfield-Branson area with her husband, decided to stay at a local hotel that was close to the Bass Pro Shop. The next morning, as she pulled the iron and ironing board from the closet, a hypodermic syringe fell out of the ironing board and stuck in her foot. Later testing found the syringe to contain illicit drugs. D.J.B. later contracted hepatitis C, and incurable form of the disease, thus ending her nursing career. The defendant later accused the client of using drugs in an attempt to avoid responsibility. When that failed, they also alleged that she had contracted the disease through her work as an R.N. D.J.B. brought a negligence law suit against the hotel owners and against the national franchise it was affiliated with, alleging that the hotel cleaning staff were not able to clean the rooms properly because of pressure from the management to complete the cleaning of rooms more quickly. The staff was forced to ignore well known and established standards for hotel safety, and that had the hotel followed customary standards, the syringe would have been discovered and removed from the premises.
School Negligence - Failure to Supervise and Keep Child Safe
R.B., a minor v. McDonald County School District
Circuit Court of McDonald County, Pineville, MO
$100,000.00 Settlement
School staff and teacher failed to properly monitor R.B., a small child, as he played on the "monkey bars" when he fell, suffering a closed head injury. After short-term treatment and monitoring, the case was settled and the money placed into a trust fund for R.B.
Product Defect - Negligent Repairs
R.S. v. M & S Motors
Circuit Court of Pulaski County, Waynesville, MO
$180,000.00 Settlement
R.S. purchased a used recreational vehicle from M & S Motors and after multiple attempts by M & S to correct a transmission problem R.S. was injured when the RV began to roll he attempted to stop the vehicle he was pinned between the RV and tree suffering multiple fractures and a collapsed lung.
