DANGEROUS PREMISE CASES PREMISES LIABILITY LAWSUIT VERDICTS & SETTLEMENTS
1. Carbon Monoxide Poisoning Causes Coma and Death: When three people died and three others became comatose overnight at a residential home in rural Missouri, carbon monoxide from the furnace was a suspected cause. After conducting a thorough investigation, which included a reconstruction of the furnace and events of that evening, the defendants paid the vast majority of a $28 million judgment which we obtained for our clients. The responsible parties included the furnace manufacturer, the LP gas supplier and the manufacturer of a wood stove that was utilized to heat the home. The case went to the Court of Appeals on two separate issues and was successfully concluded in one of the largest total personal injury recoveries for a single event in Missouri.
2. Failure To Install Railing Causes Quadriplegia: A 71-year old lady was vacationing at a mobile home campground in Branson, Missouri when she tripped over a low wall and fell down an embankment cut into the hillside to make space for more camping below. The campground violated building codes by failing to install a railing or other barrier in the wall which was no more than a few inches above ground level behind the space into which the manager directed them. The settlement allowed our quadriplegic client to live the last years of her life without financial worries. Confidential Settlement; Branson, Taney County, Missouri
3. Disabled Woman Falls in Non-Compliant ADA Parking Space: An elderly, disabled lady with a prosthetic shoulder required a revision of earlier surgery when she fell in a handicapped-parking place at a local restaurant. Our client also suffered wrist and back injuries. The parking space did not meet guidelines of the Americans with Disabilities Act (ADA) and a sign marking the space collapsed as our client reached for it to steady herself. Case was settled for $165,000.
4. Truck Driver Struck By Forklift in High Traffic Area: An over-the-road truck driver had stopped to deliver produce to a facility in California. While using a public phone at the warehouse, he was struck by a forklift. The facility had put the phone in an area with known forklift traffic, had failed to restrict traffic from the area and the operator of the forklift failed to keep a careful lookout to avoid striking our client. Case was settled for $210,000; California
5. Inadequate Security At Bar Results in Shooting: Our client was intentionally shot while participating as a model in a fashion show at a local hotel. The shooter had previously been ejected from the restaurant/bar yet readmitted despite being intoxicated. Without warning or provocation he shot our client in the abdomen resulting in spinal and neurological injury without paralysis. A claim was made against the hotel which has settled for $400,000.
6. Trip Over Obstacle Results in Back Injury: Plaintiff was an elderly woman who tripped and fell over a stop sign base located in a grocery store parking lot. The stop sign was not installed in its base at the time of the accident. The plaintiff made claims against the grocery store as well as the owner of the property for premises liability. The woman suffered from a bulging disk in her back as a result of the accident. Case was settled for $130,000.
7. Disabled Man Falls Off Non-Compliant ADA Wheelchair Ramp: A young man had been confined to a wheelchair since suffering a disabling gunshot wound that left him a quadriplegic. He became a speaker to high school groups about the evils of street violence. At a local school a wheelchair ramp had been installed that was too steep and too narrow to meet the regulations of the Americans with Disabilities Act (ADA). Our client fell, breaking his arm, as his wheelchair tipped over at the end of the ramp. Case was settled for $110,000; Kansas City, Wyandotte County, Kansas
8. Improper Restraint Kills Alleged Shoplifter: To what extent should a merchant go to detain a suspected shoplifter? Should they chase the individual? Should they restrain him if caught? The general accepted industry standard is to do neither for fear of injuring those involved. That was the defendant’s stated policy, but its practices were just the opposite. Four employees tackled and sat on a suspected shoplifter for approximately 20 minutes until the police came. When they got up, he did not, because he was dead. Law enforcement agencies around the country have learned that certain methods of restraint are potentially lethal, sometimes called positional asphyxia. The retailer claimed that death was caused by cocaine induced excited delirium, although the amount of cocaine in the decedent’s system was miniscule. This dispute was never resolved because the Defendant’s insurance company paid $900,000 to settle this wrongful death claim. This was several times its value given that the decedent was homeless, provided little financial support to his family and may have been shoplifting. We were able to enhance the value of the case by finding evidence that not only did these four employees violate company policy, the practice was condoned and encouraged by defendant’s area retail stores. This unfortunate incident should serve as a cautionary tale for not only potential shoplifters but merchants as well; Kansas City, Jackson County, Missouri
9. Ladder Slips on Ice Because No Secure Access: A maintenance man fell down an access shaft to a building when the ladder he was using to reach the bottom slipped on some ice that he could not see from above. The architect and builders failed to provide a door for access from the basement or affix a permanent ladder to the shaft giving him no other means of access. Our client suffered extremely painful calcaneus fractures, which will not heal requiring him to walk on broken heals for the rest of his life.Confidential Settlement.
10. Eye Injury From Dangerous Display Rack: A 7-year old boy was shopping with his mother at a retail store. He had allegedly been hiding in the clothes displays and running through the store. He ran into a display rack with a hidden sharp edge on the end which severely lacerated his eye, requiring two surgeries. Case was tried resulting in a verdict of $200,000; Osage Beach, Missouri
11. Failure to Protect -Nurse Assaulted and Stabbed: Registered nurse was assaulted and stabbed 16 times by resident of extended care facility who was not a candidate for residency and should not have been admitted. Charge nurse who admitted the resident was resident’s sister, and was aware of extended history of violence. Had she fully disclosed resident’s medical history and violent tendencies, either resident would not have been admitted or he may have been admitted to a more secure “lock down” unit. Case was filed against charge nurse and administrator for failure to conduct proper risk assessment and for failing to either warn employees of resident’s violent tendencies or take proper security precautions. Confidential Settlement; Kansas City, Jackson County, Missouri
12. Child Mauled by Dog Makes Recovery: A little boy was severely bitten by a dog in his face and groin area. Our client brought suit against the dog owner for his injuries. Although other bites by the dog could not be shown, we were able to prove that the dog had been stolen on a previous occasion and taken to a professional dog fight. Case was settled for $95,000; Kansas City, Jackson County, Missouri
13. Fall on Defective Premises: Decaying stairs on property caused 42-year old man to fall resulting in a significant fracture of his leg. The stairs had metal edges that had rusted and deteriorated, resulting in broken pieces in the edging that would give away or catch one’s shoes when used. $225,000; Kansas City, Jackson County, Missouri
If you or a family member were recently injured in a premises liability accident, contact our Kansas City slip & fall injury law firm today.
For more accident-injury lawsuit case information visit our Verdicts & Lawsuit Settlement overview page or visit our Dangerous Premises page for more information on how Monsees & Mayer, P.C. handles these cases.