Case Results

Personal Injury

Skid Loader Caused Brain Injury

An equipment operator was crushed, suffering severe brain injuries, when the arms of his miniature skid loader pinned him against the loaders roll cage. Safety lockout devices designed to prevent inadvertent operation of the loader’s arms were defective and had been recalled by the manufacturer. A service company had neglected to properly adjust the lockout devices, contributing to the accident. The victim lingered in a near-vegetative state for nearly two years before he passed away.

$6,000,000 Settlement: St. Louis, Missouri

Detonators Explode into Pervasive Traumatic Injuries

Imagine waking up in a hospital bed but not knowing where you are because you can no longer see. Imagine reaching out to touch someone, something, anything, but not really feeling it because you no longer have any fingers. Imagine a ringing in your ears so intense that it prevents you from clearly hearing anything going on around you. Imagine calling out for help only to find that you have lost the power of speech because of a traumatic stroke. Can’t imagine it? Neither could we until we met our client, and our friend. He was in the center of an explosion of many extremely sensitive and highly powered scrap detonators shipped to his employer for waste disposal. The company that made them tried to save a few dollars on their disposal cost by mislabeling and mispackaging the shipment and throwing in a few things it did not tell anyone about. Our client’s employer did not properly inspect the shipment, had not previously incinerated military detonators and had no procedures in place for doing so.

Settlement Will Take Care of Our Client’s Financial Needs for The Rest of Their Lives: Joplin, Missouri

Short Fall Fractures Ankle

An ironworker fell 20 feet and severely fractured his ankle at a construction site when a defective ladder erected by a subcontractor fell as the worker was descending from a catwalk. The defendant claimed the fault was entirely that of the ironworker in failing to determine if the ladder was properly secured.

$1,000,000 Settlement

Press Without Palm Controls Amputates Fingers

Mechanical power presses are fitted by their owners with a variety of dies that customize the press for a particular use. Our client lost several fingers in the press, which was not equipped with dual palm controls as recommended by industry standards. Such controls ensure that hands and fingers are completely removed from the point of operation when the machine is cycling.

$400,000 Settlement: Kansas City, Kansas

Press with Improperly Positioned Palm Controls Amputates Hand

A helicopter pilot moved to southern Missouri but could not find any work, except in casket factory running a punch press. Metal stampings often became stuck in this press and had to be cleared by the operator. When our client leaned in to dislodge a stamping his shoulder inadvertently contacted the buttons. The press cycled and neatly removed all the fingers on both hands, leaving only his two thumbs. Since our client would never fly a helicopter again, he turned this tragedy into an opportunity and went back to school.

Confidential Settlement

Stuck Conveyor Without Emergency Shut Off Amputates Legs

Both legs were amputated after a worker at a recycling facility stepped onto a conveyor belt that tore. The conveyor had no emergency shut off and was designed in such a way that items consistently became caught in the sides of the system. Stuck items required manual extraction, which was what our client was attempting to do when he was injured. After suffering severe crushing and degloving injuries to his legs, the client required amputation of both legs below the knees.

Confidential Settlement: Kansas City, Kansas

Insecure Machine Tips Causing Burns

A large machine designed to extract hot iron rods from an electric furnace in a steel factory tipped and pinned a maintenance worker, resulting in severe burns to the man’s upper body. The machine lacked a device, which would have prevented its collapse during routine maintenance.

Confidential Settlement: Kansas City, Missouri

Bad Weld Causes Broken Leg

A defective weld on a torque converter broke during the testing of a dynamometer running at 4000 rpm which was being installed by our client. A metal fragment about the size of a large marble fractured his femur because there were no guards in place to prevent debris from hitting the operator or bystanders. While the manufacturer of the dynamometer was immune because it employed our client, we were able to make a recovery against the company that made the defective torque converter.

$200,000 Settlement

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 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.

$28,000,000 Settlement

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, Missouri

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.

$165,000 Settlement

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.

$210,000 Settlement: California

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.

$400,000 Settlement

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.

$130,000 Settlement

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.

$110,000 Settlement: Kansas City, Kansas

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 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.

$900,000 Settlement: Kansas City, Jackson County, Missouri

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

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.

$200,000 Settlement: Osage Beach, Missouri

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, Missouri

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.

$95,000 Settlement: Kansas City, Missouri

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 Settlement: Kansas City, Missouri

Forklift Goes in Wrong Direction Resulting in Paraplegia

Our client, a forklift driver in a cold storage plant, backed up to talk to his supervisor in front of an elevator shaft. After finishing, he put the forklift in forward and stepped on the gas at which time it went backward down the shaft, rendering our client a paraplegic. We soon discovered that this new forklift had been rushed into use just before the holiday season without a cold storage package, which would have prevented electrical malfunctions due to accumulated condensation. Our client is still in a wheelchair because of the demand for frozen turkeys.

Confidential Settlement

Contact with Low Power Lines Resulting in Paraplegia

The son of the above client also became our client when he was rendered a paraplegic as a result of falling off a grain silo. He had been told to clean old grain out of the bin which had been erected under some power lines. While the lines met a minimum code requiring a 10-foot clearance, they were still within reach of the metal pole he was given to do the job. Apparently, he came in contact with the line because he woke up on the ground with electrical marks on his body. Our client is still in a wheelchair because the farm supply company put a grain silo under a power line and the utility company did not routinely inspect its distribution lines.

Confidential Settlement

Rear Seat Lap Belt Paralyses Child

A seven-year old boy suffered paraplegic injuries when the SUV in which he was riding in the rear seat was involved in a head-on collision with a dump truck. He was only wearing a lap belt because the vehicle was not equipped with a shoulder harness or other three-point restraint system.

Confidential Settlement: Kansas City, Missouri

Diet Drug Fen Phen Causes Heart Damage

The drug combination of Fen-Phen was banned by the FDA several years ago after numerous reports of injury and some deaths. We represent a number of victims of the diet drug who suffered injuries to their heart valves. Some required major surgery to replace the defective heart valves. Others have an incurable progressive cardiopulmonary illness.

National Settlement Resulting in Millions of Dollars Being Recovered for Our Clients

Contaminated Blood Gives Hemophilia C Aids

Our client, a hemophiliac, contracted the AIDS virus from human blood factorate, which was used to enhance his bloods ability to clot. The factorate industry had taken few steps to screen blood received from donors and failed to timely implement tests that would have identified infected blood.

Confidential Settlement: Kansas City, Missouri

Hip Fractured When Trailer Support Fails

The owner of a landscaping company suffered a significant fracture of his hip when a used dump trailer he had purchased the day before tipped over because support members fractured. The seller of the trailer claimed it had been properly inspected and that the owner’s use of the trailer was negligent.

$210,000 Settlement: Kansas City, Missouri

Burns Result from Gasoline Released by Defective Valve

A maintenance worker for small construction equipment was severely burned as he tried to repair a miniature backhoe. The gas tank for the machine was designed in such a way that gasoline ran from a defective valve covering the client in gasoline. The gasoline was ignited from an unknown electrical source on the machine.

Confidential Settlement

Bad Weld in Air Tank Breaks Truckers Leg

A manufacturing defect in a reserve air tank caused the tank to explode, severely fracturing the leg of an over-the-road truck driver. Welded seams in the tank did not meet the specifications of the truck assembly company. A claim was filed against both the truck assembly company and the manufacturer of the reserve air tank.

Confidential Settlement

Parked Vehicle Catches Fire and Destroys Home

Our client’s automobile caught fire while it was parked in the garage and it completely destroyed her home and contents. She brought a products liability claims against the automobile manufacturer, claims against her local automobile dealership for defective service, and claims against the alternator manufacturer for defective design.

Confidential Settlement

Defective Medical Devices Cause Mass Suffering

The Dalkon Shield IUD; Silicone breast implants; Acromed pedicle implants–the litany of bad medical devices goes on and on. We have handled a number of cases involving good medical ideas gone bad due to greed and avarice. In most of these cases, the fact pattern is the same–after some digging, evidence surfaces that the company knew of serious problems with their product but marketed it anyway, without any or adequate warnings, in order to profit at the expense of its customers. Eventually, the mounting injuries and deaths resulting in litigation, either forced the manufacturer to voluntarily recall the product or awoke a governmental regulatory agency, which eventually took some action. Wouldn’t it have been nice if the people running A.H. Robins, Dow-Corning, Acromed and others acted in a morally responsible manner rather than hiding behind the corporate facade, which protects their behavior and hides their culpability? While that does happen in some companies, it is the exception not the rule. Consequently, we along with other plaintiff’s lawyers will continue to pursue negligent manufacturers of defective medical products after the fact, to recover damages for our clients in hopes that this industry will learn from experience.

Confidential Settlement

Doctor Drills into Spinal Column Resulting in Paralysis

A back surgeon in Boone County, Missouri was using a high-speed drill on a 62 year old man. He negligently pierced the covering of the spinal cord leaving our client with partial lower extremity paralysis and other nerve dysfunction. He could only walk a short distance without assistance. The case was tried to a jury and resulted in the largest medical malpractice verdict in the county and the second largest verdict in the history of that county.

$770,000 Settlement: Columbia, Missouri

Delayed Surgery for Aneurysm Resulting in Loss of Leg

An elderly gentleman went to the emergency room with a recent history of severe lower leg pain. Although he was properly diagnosed in the emergency room with an aneurysm in his lower leg, surgery was delayed beyond the point required to restore blood flow to the leg. His leg was eventually amputated.

$362,000 Settlement: Springfield, Missouri

Doctor Wraps Toddler’s Finger Too Tightly

Our 17-month-old client was at a babysitter’s house when her right middle finger was smashed in a door. She was taken to a hospital where she received sutures and a cast. During the night, the toddler was able to pull the cast off of her finger. They returned to the hospital the following day where another doctor wrapped “tube gauze” tightly around her finger. The parents were advised not to remove the dressing. When they next visited the doctor to check the finger, the finger was black from necrosis. Eventually, the finger required amputation.

Confidential Settlement: Marshall, Missouri

Birth Injury with Paralysis

Infant was born with spinal cord injury that resulted in paraplegia. While the medical records were nearly silent about any untoward event during delivery, the child was diagnosed with a cord-stretching injury that resulted in his permanent paralysis. Based on the obstetrician’s description of delivery and expert testimony, it was revealed that such an injury could not occur absent some hyper-flexion or extension of the spine during delivery. Child was delivered by C-section due to a breech presentation.

Confidential Settlement: Overland Park, Kansas

Nursing Home Employee’s Abuse of Patient

Our client was severely injured in automobile accident and suffered a closed head injury. He was placed at the defendant’s facility to continue rehabilitation. While a patient, our client alleged that he was physically abused by an employee. We filed a lawsuit on his behalf alleging improper care and treatment, failing to remove an employee who was not qualified to render care and treatment to patients and negligent hiring in the first place.

Confidential Settlement: Mount Vernon, Missouri

Improper Care for High Risk Patient Breaks Arm

We represented an elderly lady who suffered a broken arm and severe contusions to her face as a result of a fall out of her bed. We filed a lawsuit alleging the nursing home failed to provide her a proper care plan, failed to follow orders regarding precautions for patients who are at a high risk for falls and failed to report the incident to proper state and/or federal agencies.

Confidential Settlement: Strafford, Missouri

Car Accidents

Drunk Bus Driver Injuries Diabetic

We represented a diabetic individual with below the knee leg amputations, which required that he be transported to a health center for daily treatment. While in transport to the hospital, the defendant’s driver ran off the road several times after failing to properly secure his patient. The accident reopened the incisions on his knees, which eventually healed, but also injured his fingers, several of which had to be amputated. After investigation into the matter, our client brought a lawsuit against the transportation company alleging that the driver had been drinking at the time of the accident and had a history of alcohol related problems.

Confidential settlement: Kansas City, Wyandotte, Kansas

Bad Tire Requires Defensive Driving

Our client suffered a torn rotator cuff when he was forced to slam the truck he was driving into a highway guard rail after a cement truck in front of him blew a tire and turned over. After investigation, the plaintiff alleged that the cement company failed to properly inspect their vehicles on a regular basis and that the tire that exploded on the cement truck should have been changed before it caused this accident.

Confidential settlement: Kansas City, Clay County, Missouri

Publishing Company Liable for Employees Negligence

A newspapers vehicle crossed in front of our client’s vehicle to deliver a circular resulting in a collision, which broke both of his legs. After arguing over whether the delivery person was its employee or an independent contractor, the publishing company paid to settle the claim against it and the driver.

Confidential settlement

Angry Driver Injures Passenger

Road rage resulted in a significant one-car collision severely injuring the driver’s passenger, our client leaving Facial scarring and a leg fracture.

Out-of-Court Settlement of $285,000

Failure to Yield Right of Way

A husband and wife were traveling in their minivan on a two-lane highway in rural Missouri when an elderly man turned left in front of them. After looking at several potential claims against third parties we determined that the only viable case was against the other driver. We quickly settled on behalf of our clients.

$200,000 Insurance Policy Limits Settlement

Dump Truck Driver with Defective Brakes Unable to Stop

Our clients were children that were seat belted in the backseat of their mother’s minivan. As their mother pulled into the intersection, the dump truck which was driving at an excessive speed and with defective brakes was unable to stop and collided with the side of the minivan, critically injuring the children and their mother. After investigation into this matter, it was determined that the dump truck’s brakes were faulty and that the hauling company which had employed the dump truck driver had failed to conduct any investigation into the driver’s extensive driving record or the defective condition of the leased dump truck. Our clients experience severe facial reconstruction and scarring, as well as additional injuries.

Out-of-court Settlement of $444,0000: Olathe, Kansas

Buss Rollover

Tour bus transporting crew members of major pop music artist, lost control of the bus at a high rate of speed, struck other vehicles, and rolled over injuring most of the passengers. Client-crew member suffered a disabling back injury that prevented his continuing work in the field of personal fitness and training.

Confidential Settlement: Kansas City, Missouri

Rental Car Company Liable for Unknown Driver’s Negligence

Our client was severely injured in an automobile accident by a car owned by Enterprise Leasing. The driver of the Enterprise vehicle fled the scene and could not be identified. Plaintiff brought suit against the person who rented the vehicle from Enterprise. We then brought a garnishment action against Enterprise to collect the judgment.

$1,000,000 Settlement plus interest: Kansas City, Missouri

Trucker’s Contractor Protection Plan

Commercial vehicles, particularly semi-tractors and trailers can cause extensive damage and serious injury in a vehicular accident. But professional truck drivers can also be the victims of the negligence of other drivers, both automobiles and trucks. We have represented a number of truck drivers in liability claims against the other drivers, including claims for uninsured coverage under their own policy, and contractual claims against their employer or insurance companies that sell accident, disability and medical plans. One such plan, the oxymoronic Contractor Protection Plan denied coverage to a driver under dispatch when he was paralyzed while being driven by an acquaintance back to his truck because he was intoxicated. The court held that as long as he was under dispatch, coverage existed and the intoxication exclusion did not apply unless he was driving at the time. At trial, we more than doubled the policy limit of his Contractor Protection Plan because the insurance company vexatiously refused to pay this claim to this traumatically injured professional driver.

Settlement Pays More Than Its $300,000 Policy Limits: Kansas City, Missouri

Recreational Accidents

ATV Collision

Young woman suffered a severely fracture leg when the ATV on which she was a passenger collided with another parked ATV. The ATV was operated at a high rate of speed and the operator failed to keep a careful lookout for parked vehicles or other obstructions. Injured client was an avid athlete, who was unable to complete her high school years participating in the sports she loved.

$300,000 Settlement: Shelbina, Missouri

Wrongful Deaths in Beech Baron Global

Six people were killed when a Beech Baron 58 airplane crashed in Illinois. Our firm represented the family of four of the unfortunate passengers who died. Eight separate defendants were identified as contributing to the crash by experts in the fields of aerodynamics, engine repair, metallurgical failure, weather and aircraft design.

Settlement in Excess of $5,000,000

Citation Jet Insurance Coverage

A Citation Jet crashed while on final approach to a non-precision airport in bad weather. The survivors of two of the deceased passengers were represented by our firm. After a protracted coverage dispute, we secured available insurance coverage.

$20,000,000 – Ongoing Settlement

Ski Does Not Release in Fall Resulting in Brain Damage

In the largest verdict ever obtained against the manufacturer of a water ski, our client won. This slalom ski was designed for expert water-skiers. Our client, a novice skier fell while skiing. The ski did not come off his foot during the fall, and the tail of the ski pierced his skull, resulting in significant brain injury. No warning accompanied the ski.

$3,600,00 Settlement: Kansas City, Missouri

Negligent Driver of Ski Boat Injures Skier

We resolved a water ski case within six months of being contacted by our client over the Internet. She was in the water next to a ski boat when the operator put the motor into gear, apparently in a hurry to get off the water because a storm was gathering. Our client was sucked under the boat by dual props severely cutting, but not severing or even breaking her leg. Resolution of this case in record time allowed our client to undergo repeated plastic surgeries to improve the severe scarring on her leg, as well as save a significant portion of her health care costs.

Amusement Park Water Slide Cause Multiple Disc Injuries

Our client suffered a severe back injury rupturing several discs as a result of riding a water slide at an amusement park. Despite following all the instructions, she went airborne over the first bump and felt a sharp pain in her back when she landed on the hard-plastic slide. The amusement park denied any similar incidents but elected to settle when we focused our discovery efforts on this issue.

Confidential Settlement: Raytown, Missouri

Boating Accident

While visiting friends on Table Rock Lake in southern Missouri, 18-year old girl was boating with young friends. Intoxicated boat operator was driving at a high rate of speed, and simply ran the boat aground. Client was thrown into the bulkhead of the boat and severely fractured her jaw, requiring extensive dental reconstruction.

Confidential Settlement: Stone County, Missouri

Improper Pool Markings Lead to Quadriplegia

We obtained a winning verdict for a young man who dove into the shallow end of a hotel swimming pool. The pool was not properly marked to identify the depth and restrictions on diving.

$5.2 Million Settlement: Joplin, Missouri

Improper Supervision by Lifeguard Leads to Death

We represented the parents of a 15-year old boy who died in a YMCA swimming pool. The boy was swimming in the deep end of the pool when he stopped breathing. The lifeguard failed to attempt to rescue the boy and told another patron to check on him.

Confidential Settlement: Marshall, Missouri

Sexual Abuse

Nursing Home Should Not Have Hired Employee Who Molested Patient

Our client was a teenage patient who was placed in health care facility due to mental and physical disabilities. While a resident, the young lady was allegedly molested by an employee. We filed a lawsuit against the health care facility for improper supervision of patient and negligence in the hiring of an employee who was not qualified to work at facility.

Confidential Settlement: Kansas City, Missouri

13-Year Old Girl Was Sexually Assaulted While She Attended a Youth Choir Practice at Her Church

The young woman had been brought to the church by her grandmother and mother, who remained in the church sanctuary while she was lured into the church basement for “private” instruction. The youth minister who assaulted her was a convicted sexual predator who had served time, unbeknown to the family, in the state penitentiary, where he had met the church pastor in a spiritual counseling group. The pastor, the youth pastor, the individual congregation and the church organization were all sued due to the dangerous condition on the church premises and the negligent hiring of the youth minister.

Confidential Settlement: Kansas City, Missouri

6-Year-Old Autistic Boy Was Sexually Assaulted While He Attended Sunday School at Church

The minor boy was brought to the church by his mother for youth services. While attending youth services, he was forced into a closet of the church and threatened by a volunteer and sexually assaulted. The pastor, the youth pastor, the individual congregation and the church organization were all sued due to the dangerous conditions on the church premises and the negligent hiring of the volunteers for youth ministry.

Confidential Settlement: Cedar County, Missouri

30-Year-Old Male Diagnosed With Mental Disorders Was Sexually Abused at a Semi-Independent Living Program Facility

Plaintiff was placed into a semi-independent living facility. It was reported to a case worker that a staff member sexually abused him at the group home and in the facility’s vehicle. Through the investigation, it was discovered that the staff member abused his employment position and sexually assaulted residents at the facility and was using his position of authority to abuse and threaten disabled residents. The facility and employee were sued for dangerous premises conditions and the negligent hiring of employees.

Confidential Settlement: Kansas City, Missouri

Group of Minor Children Individually Sexually Abused by Pastor at Church in the late 1990’s

The children endured mental, physical and sexual abuse and assault by their pastor. The abuse occurred during “youth group” activities. The abuse included invasion of their privacy, being spied on by the pastor while they slept/changed/showered, physically detaining the girls, and sexual abuse. Plaintiffs brought a cause of action due to the dangerous condition on the church premises and the negligent hiring of the pastor.

Confidential Settlement

Hunting Accidents

Remington Rifle Model 700 Fires Without Trigger Pulled

Member of Army Reserve and small firearms instructor, was using Model 700 to deer hunt in Pennsylvania. As he leaned against a tree for cover and was rotating to draw down on a deer, he shifted the rifle’s safety from the “safe” to “fire” position as he raised the rifle. At the instant he shifted the rifle to “fire”, the rifle’s muzzle was momentarily pointed at his ankle. The rifle fired without the trigger being pulled, resulting in a disabling ankle injury and numerous surgeries for a young, former college athlete. Remington Model 700 rifles, and those related bolt-action rifles are equipped with a unique trigger feature that is susceptible to a host of environmental and maintenance issues that may result in firing of the rifle without a pull of the trigger. Remington has received thousands of customer complaints relating incidents similar to that suffered by our client.

Confidential Settlement: Pittsburgh, Pennsylvania

Remington Rifle Model 710 Fires Without Trigger Pulled

Our client was staying with friends on a ranch when his friend accidentally shot him. The bullet from the rifle entered his right hip, shattering the bone and piercing his sciatic nerve. His friend was adamant that the trigger was not pulled or contacted in any manner, but instead the rifle fired. The plaintiff alleged the Remington Model 710 bolt action rifle contains a dangerously defective Walker fire control system which may fire without a trigger pull upon release of the safety, movement of the bolt, or when jarred or bumped.

$1.425 million Settlement: Dallas, Texas

Numerous Deaths and Injuries from Remington Rifles That Fire Without A Trigger Pull

We have handled over 50 cases against Remington Arms Company, Inc. and its former parent company, E.I. DuPont deNemours and Company regarding defective and dangerous bolt action firearms (Models 700, 710, 770, 600, 660, XP 100, 721, 722 and 40X). These guns can fire upon release of the safety, movement of the bolt, or merely as a result of being jarred due to a design defect in the fire control system, which was known when it was first introduced into Remington bolt action rifles in the late 1940’s. In addition, until 1982 these firearms contained a bolt lock, which required the user to release the safety, thereby arming the gun, before it could be loaded or unloaded. We have collected literally thousands of complaints of these malfunctions and have the largest repository of Remington documents related to this hazard and defect of any personal injury law firm. Remington recalled the Model 600 and 660 in the late 1970s and Remington later introduced the “safety modification program” to remove bolt locks on Model 700 bolt action rifles. Juries have awarded significant actual damages and three verdicts for punitive damages. We sincerely hope that the company’s safety modification program and the impending settlement of a class action lawsuit related to these firearms, reduces the number of deaths and injuries caused by this dangerous product.

We have handled defective Remington 700 cases in Texas, Missouri, Kansas, Oklahoma, New York, Alaska, Georgia, South Carolina, Pennsylvania, South Dakota, Oregon, Florida, Alabama, Tennessee, Florida, Michigan, Kentucky.

$17,000,000 Settlement

Chinese Rifle Fires Upon Being Jarred Killing Boy

A 14-year old boy died in his father’s arms when a Chinese SKS rifle fired upon closing the bayonet, without a trigger pull and while on safe. These military, semi-automatic firearms will jar off and sometimes fire fully automatic due to numerous manufacturing problems. China sold literally millions of these used rifles in the United States for less than $100 each until the mid 1990s when their importation was banned. The irony is that many of these weapons were used against us in Vietnam and even the Korean War. The Chinese government made millions of dollars selling their poorly made military surplus to United States citizens who do not realize they may have bought an accident waiting to happen. After settling with the U.S. importer, we obtained a judgement against the Peoples Republic of China pursuant to the Foreign Sovereign Immunities Act after personal serving the communist Chinese government in Beijing, China. We are presently working on collecting this judgment.

$10,000,000 Settlement

Severe Leg Injury Due to Rifle Misfiring

Two brothers were preparing to hunt in Idaho. After sighting in their rifles, the two and a friend were standing close to one another and began to unload their respective firearms. While one unloaded his rifle, he realized he needed to shift the safety lever from the “safe” to the “fire” position to open the bolt and unload the rifle, as the rifle is equipped with a “bolt lock” that precludes unloading the rifle in the “safe” position. Upon doing so, the rifle fired, even though the handler of the rifle did not touch the trigger. The client suffered severe and disabling injuries to his lower leg and underwent multiple surgeries over the year following his injury.

Confidential Settlement: Portland, Oregon

Wrongful Death

Claim Against Major Manufacturer of Infant and Child Products

Our clients are the parents of an infant that died of positional asphyxia in a bouncy seat due to the defective design of the restraint system.

Confidential Settlement: Kansas City, Missouri

Vioxx Recall

Our clients’ husband/father had taken the prescription Vioxx for approximately three years. He suffered a heart attack and died as a direct result of taking Vioxx. His widow and children filed a wrongful death lawsuit. The manufacturer of Vioxx instituted a settlement program to resolve certain Vioxx-related claims involving plaintiffs who had suffered a heart attack or stroke.

Confidential Settlement

Claim Against Major Manufacturer of Infant and Child Products

Our clients are the parents of an infant that died of positional asphyxia in a bouncy seat due to the defective design of the restraint system.

Confidential Settlement: Kansas City, Missouri

Woman Suffered Horrific Blood Loss and Sepsis Following Failed Bariatric Surgery

Obese woman sought weight-loss surgery. After completion of surgery, surgeon left town leaving patient’s care in hands of residents who failed to diagnose rupture of bowel at site of surgery. Bowel contents and bleeding resulted in sepsis. Patient spent the next 12 months in hospitals. She lived a few years following her ultimate discharge from the hospital, but eventually succumbed to her injuries and died.

Confidential Settlement: Columbia, Missouri

Failure to Diagnose Heart Attack

52-year old man with no known history of heart disease presented to hospital emergency room complaining of chest pain and partial loss of use of his left arm. After being placed in a room alone for an hour, he collapsed from a cardiac arrest. Efforts to resuscitate him were unsuccessful. No doctor had seen him in the hour before his death, and a triage nurse had only taken vital signs. No other evaluation or treatment had been offered. Clients were grown children and elderly mother of the decedent.

Confidential Settlement: Rural Missouri

Surgical Error

Elderly woman was severely injured and later died as a consequence of heart surgery, when it was revealed that the machinery that oxygenates her blood and brain during surgery was not operating, resulting in prolonged anoxia. Clients were two of her adult sons.

Confidential Settlement: Kansas City, Missouri

Improper Supervision Causes Death

We represented a mother of a man placed in a nursing home due to mental issues. The nursing home failed to properly supervise him and allowed him to leave the facility. The facility failed to notice he was missing for several hours.

$3.35 Million Settlement: Harrisonville, Missouri

Cerebral Palsy Patient Dies While Staff Sleeps

We represented parents of a young man found dead in a facility that specialized in caring for patients with cerebral palsy. We filed a wrongful death action against the facility for improper hiring and training of employees. Investigation uncovered alleged false documentation regarding medical treatment and staff sleeping while on duty.

Confidential Settlement: Joplin, Missouri

Improper Location of Safety Pull Cord

We represented the family of a lady who died in an assisted living facility. Our client’s mother fell in her bathroom but could not reach the emergency pull cord to call for help due to the cord being improperly tied up.

Confidential Settlement: Springfield, Missouri

Nursing Home Fails to Conduct Safety Checks

We represented the family of an elderly man who died in the middle of the night when his oxygen supply was cut off due to faulty equipment. Additionally, improper supervision by the nurses led to delayed treatment.

Confidential Settlement: Harrisonville, Missouri

Improper Patient Supervision Results in Asphyxiation

We represented the family of an elderly lady who lived in a nursing home. She was found dead in her bed with a plastic bag over her face. We filed a lawsuit against the nursing home for improper supervision of another patient who allegedly placed the bag on the decedent.

Confidential Settlement: Kansas City, Missouri

Pressure Sores Cause Death of Resident

Our client’s mother was admitted to a nursing home and determined to be at high risk to develop pressure sores. The nursing home failed to properly turn her every two hours and failed to properly keep her hydrated, leading to the development of pressure sores causing her death.

Confidential Settlement: Leawood, Kansas

Improper Supervision Leads to Fatal Fall

Our client’s father was determined to be at high risk for falls. Nursing home failed to properly supervise resident and failed to properly implement safety devices to prevent falls.

Confidential Settlement

Negligent Driver Strikes and Kills Individual in Wheelchair

We represented a mother of a man who while returning home was struck in his wheelchair by an automobile and ultimately killed. The driver of the vehicle crossed the center of the road, left the roadway, struck a chain link fence, hit a culvert and ultimately hit our client while he was traveling in his wheelchair in the parking lot.

$1.25 Million Policy Limit Settlement: Green County, Missouri

Dump Truck Without Backup Alarms Kills

A quarry dump truck driver was killed when a co-worker backed a dump truck over him while he was standing in the quarry awaiting the loading of his own truck. The dump truck was not equipped with audible back-up alarms.

$2 Million Settlement: Kansas City, Missouri

Death from Improperly Secured, Flying Trailer Tire

Our client’s husband was traveling Southbound on I-435 when a tire from a trailer being pulled on the Northbound lanes separated from the trailer and became airborne as it crossed the concrete median. The tire crossed into the Southbound land, struck and partially penetrated our client’s husband’s windshield, ultimately killing him.

$2.1 Million Polity Limit Settlement: Clay County, Missouri

Trucking Accident in Construction Zones

An inexperienced, over-the-road trucker failed to properly heed a construction zone speed limit and drove to close to construction workers laying new asphalt on a major interstate highway. A construction worker was struck by the truck and killed. The case was settled before a lawsuit was filed.

$1 Million Settlement: Kansas City, Missouri

Shooting At Night Club

We represented the mother of an 18-year-old young man who was shot and killed at a night club. He was standing watching a fight take place, when an unknown assailant discharged a firearm, killing our client’s son. A claim was brought against the night club for improper security.

$3.5 Million Verdict Settlement

Bar Shooting Results in Death of 21-year-old

Our client’s son was a patron at a night club that promoted various events. On the night of the shooting, there were numerous fights and disturbances leading to the early closing of the bar. As our client’s son was walking to his car, he was shot and killed in the parking lot. A claim was brought for negligent security and failure to render medical aid.

$2.7 Million Settlement: Kansas City, Kansas

Negligent Security/Failure to Protect

On the very last night of his employment, a convenience store worker was shot and killed during an attempted robbery. His employer leased the premises from the owner, who was well aware of a substantial history of violent crime on and around the premises. In spite of this knowledge, the owner had denied requests to improve security on the premises, including security enclosures that would have specifically protected employees from violent crime. The descendant left two young children who are now being raised by his ex-wife and his brother.

Confidential Settlement: Kansas City, Missouri

Death from Massive Blood Loss Which Destroys Organs

Our client’s father, an elderly, retired cattle rancher, suffered an abdominal injury, which required surgery. During surgery, massive amounts of blood were lost, eventually depriving the patient of so much blood as to destroy his major internal organs. He eventually died.

$505,000 Settlement

Misread Test Causes Death from Intracranial Bleeding

A Topeka woman in her mid-30’s went to the hospital after suffering from severe headaches. She was discharged home but returned to the hospital the next day again complaining of severe headaches. A CAT scan was performed which showed an obvious intracranial aneurysm. However, the neuroradiologist misread the CAT scan and the patient was discharged again. She ultimately died from her intracranial bleed.

Confidential Settlement: Topeka, Kansas

Other

Garnishment against Insurance Company

We represented the mother of an 18-year-old young man who was shot and killed at a night club. The insurance company denied coverage for the claim. After obtaining a judgment against the night club, we filed a garnishment against the insurance company. The Missouri Court of Appeals found coverage and the case was settled.

1.68 million Settlement: St. Louis, Missouri

Home Invasion

While family was vacationing near the east coast, neighborhood kids gained access to house through garage door code. Upon entering the house, over the course of many days, the house was vandalized, and valuable paintings, furniture and other belongings were destroyed, damaged or violated. Dispute focused on degree of damages and whether access to the home had been with knowledge or tacit consent of one young family member.

Confidential Settlement: Johnson County, Kansas