Verdict
$186M
Motor Vehicle Accident
$186 Million Judgment
Motor Vehicle Accident
We represented a young child who suffered a spinal cord injury in a motor vehicle accident.
Verdict
$43M
Wrongful Death
$43 Million Wrongful Death Judgment
Wrongful Death
We represented the surviving family of a young man killed in a terrible accident involving a utilities tower.
Settlement
$40.8M
Truck Crash
$40.8 Million Settlement
Truck Crash
Portage County, OH
Volume 27, Issue 6, June 2012
Reported in Jackson County, Missouri
In this motor vehicle negligence action, the plaintiffs alleged that the defendants were negligent in causing a collision that killed the driving mother and seriously injured the two minor passengers. The defendants denied the allegations and disputed the nature and extent of the plaintiffs’ alleged damages.
Estes Express Lines truck pulling triple trailerscollided with a vehicle.
On the date of the incident the female decedent, mother of the two minor plaintiffs, was operating her vehicle on the Ohio Turnpike. The minor plaintiffs, ages 12 and 15 were also passengers in the vehicle at the time of the collision. The defendant driver was operating a tractor pulling triple trailers all carrying loads. The vehicles were traveling in a construction zone where the roadway narrowed. The defendant’s truck and trailers collided into the rear of the decedent’s vehicle.
Estes Express Lines Trucking Company involved in a fatal truck crash accident.
As a result of the collision, the mother driver died at the scene. The 15-year-old minor plaintiff sustained a traumatic brain injury and was taken from the scene of the collision by LifeFlight. The other minor, the 12-year-old son, sustained multiple fractures including a broken pelvis and multiple facial fractures.
The plaintiffs brought suit against the defendant driver and the trucking company alleging negligence. The defendants denied the allegations and disputed the nature and extent of the plaintiffs’ injuries and damages.
The parties engaged in extensive informal discovery and participated in two mediation sessions. The parties agreed to a settlement of all the plaintiffs’ claims for the total sum of $40,800,000 during the second mediation.
Matthew Slattery, Peter Slattery and Edward Slattery individually and as Personal Representatives of the Estate of Susan Slattery vs. Estes Express Lines, Inc. and Douglas Bouch. Case no. 1116-CV-13913; Judge Justine Del Muro.
Attorneys for plaintiff: Jeff Burns and Tim Dollar of Dollar Burns & Becker in Kansas City, MO.
Commentary
The 15-year-old minor plaintiff developed complications following his pelvic fracture. He required an aggressive treatment with anticoagulants to prevent a possibly fatal blood clot. He also suffers from the emotional scarring of watching his mother die at the scene of the collision. He has physically recuperated from most of his injuries, although he still experiences some residuals from his injuries.
The 12-year-old was coma-like for approximately one month and could only move his one little finger. The plaintiff’s attorney invited the defendants to come and visit the child in the hospital. It was following that meeting that the defendant requested that the plaintiffs not file suit, but rather agree to mediate the claims. While the defendants never outright admitted liability for the collision and the resulting injuries, due to the fact that no litigation was filed, it never became necessary to make the allegations in a formal complaint.
The 12-year-old who suffered the traumatic brain injury is confined to an electric wheelchair. He is able to take a few steps but cannot ambulate on his own. He also suffers from aphasia and his speech is therefore limited to a great extent. The child is back at school presently taking some classes, but he can only perform simple mathematical problems. He also suffers from a lack of dexterity in his right hand and has to write with his left hand.
During the parties’ first mediation, a partial high/low agreement was reached. While the parties were awaiting approval of that agreement, they engaged in the second mediation session, at which time the final settlement of the claims of the plaintiffs was reached.
REFERENCE
Plaintiff’s economist expert: Edward Bell, Ph.D. from Cleveland, OH. Plaintiff’s economist expert: Lane Hudgins, Ph.D. from Murphysboro, IL. Plaintiff’s life care planner expert: Gary Yarkony, M.D. from Lake Forest, IL.
Verdict
$40M
Motor Vehicle Accident
$40 Million Jury Verdict
Motor Vehicle Accident
Jackson County, MO
Settlement
$40M
Wrongful Death of Child
Wrongful Death of Child
A PRODUCT LIABILITY CASE INVOLVING CHILD WRONGFUL DEATH
A child wrongful death claim and other personal injuries settled for $40 million.
Verdict
$39M
Truck Crash
$39 Million Jury Verdict
Truck Crash
Dallas County, TX
VASQUEZ/PERALES FAMILY VS SARAH GREGORY AND NEW PRIME TRUCKING
The Vasquez/Perales family of El Paso, Texas, was awarded over $39 Vasquez/Perales vs. Sarah Gregory and New Prime Trucking by a Dallas County jury for two deaths and multiple injuries that were the result of collisions involving a passenger vehicle and tractor-trailers that occurred on I-40 in the early hours of Nov. 23, 2013.
Tim Dollar and JJ Burns of Dollar, Burns, Becker & Hershewe, LC tried the case on behalf of the Vasquez/Perales family with the assistance of their local counsel, Mike Bassett.
The Vasquez/Perales family retained Dollar, Burns, Becker & Hershewe—Kansas City attorneys specializing in bad faith and truck crashes—to bring suit against several parties involved in the fatal collisions, including the driver of one of the tractor-trailers, Sarah Gregory; and the trucking company that put her out on the road, New Prime, Inc.
After receiving some training at New Prime’s, Inc.’s driver training school, Sarah Gregory was driving in hazardous weather conditions without a certified instructor on her first over-the-road trip when she saw brake lights approximately one-half-mile ahead. Gregory applied her brakes on ice, lost control of the vehicle and came to rest blocking the two eastbound lanes of I-40. She and her co-worker, another entry-level driver, left the vehicle without activating emergency flashers, road flares or reflective triangles. The trailer in the roadway caused several vehicles to crash, perform last-second emergency maneuvers, and block all available escape routes for other approaching motorists. The Vasquez/Perales family, with six people in their Chevy van, was forced to collide with the New Prime trailer. Shortly thereafter, another approaching tractor-trailer crashed into the back of the Chevy van. The crash resulted in the deaths of Belinda Vasquez and Hector Perales, and caused significant injuries to several other family members.
The case went to trial in the County Court of Law No. 5 in Dallas County and lasted four weeks. In addition to the damages awarded to the Vasquez/Perales family, the jury also awarded approximately $17 million to the family of Bhupinder Deol, a truck driver who was killed in the collisions after he had pulled over on the shoulder.
Verdict
$37.5M
Spinal Cord Injury
$37.5 Million Jury Verdict
Spinal Cord Injury
Jackson County, MO
STEVE HOLDEMAN V. PHILIP STRATMAN
The case went to trial at the 16th Circuit Court in Jackson County earlier this fall. The jury assessed 99 percent fault against Stratman and awarded Holdeman $37.5 million in damages.
November 15, 2016
KANSAS CITY, Mo.—Steve Holdeman, an Orrick, Missouri, resident, Jackson Country jury awards $37.5 million to Missouri man injured in I-435 crash was awarded $37.5 million by a Jackson Country jury for severe injuries sustained in a passenger vehicle and tractor-trailer crash that occurred off I-435 and Winner Road Feb. 13, 2014.
“Nobody ever expects an accident of this magnitude to happen to themselves or someone they love,” said Tim Dollar, Holdeman’s attorney and a partner at Dollar, Burns & Becker. “We are pleased with the jury’s verdict and know this will greatly assist Steve and his family with his ongoing medical care.”
Holdeman, who led a very active life filled with deep-wilderness camping, hiking and motorcycling prior to the crash, retained Dollar, Burns, Becker & Hershewe, Kansas City attorneys specializing in bad faith and truck crashes, to bring suit against two individuals: the driver of a passenger vehicle, Philip Stratman of Olathe, Kansas, and the driver of an 18-wheeler and motor carrier.
Stratman shifted his vehicle from drive to neutral while on I-435 to coast as a means to save fuel and wear and tear on the car’s brakes when his vehicle stalled in the center lane of the highway. Holdeman came upon the stalled vehicle, slowed and was then struck from behind by the 18-wheeler, rendering him paraplegic.
The case went to trial at the 16th Circuit Court in Jackson County earlier this fall. The jury assessed 99 percent fault against Stratman and awarded Holdeman $37.5 million in damages.
Tim Dollar can be reached at (816) 876-2600 if you have specific questions.
Verdict
$36.3M
Catastrophic Injury
$ 36.3 Million Jury Verdict
Catastrophic Injury
Jackson County, MO
ANTHONY JONES VS RAND CONSTRUCTION AND LESTER PRUETT VS RAND CONSTRUCTION
The attorneys at Dollar, Burns, Becker & Hershewe recovered a $36,300,000 verdict on behalf of their clients, Anthony Jones and Lester Pruett, and against Liquid Asphalt for Liquid Asphalt’s negligent design and manufacturing of a storage tank.
On May 12, 2010, Anthony Jones and Lester Pruett were employed at Owens Corning. Owens Corning is a producer of residential and commercial building materials. As part of its business, Owens Corning maintains a permanent tank of asphalt on its premises.
Government regulations require Owens Corning to periodically empty and clean its asphalt tank. In order to accomplish this task, Owens Corning rented a temporary tank which had been designed and manufactured by Liquid Asphalt to store its asphalt while it cleaned its permanent tank.
Liquid Asphalt’s tank was big enough to hold 10,000 gallons of liquid. Owens Corning then hired another business, Rand Construction, to create a piping system so it could run asphalt from the permanent tank to the temporary tank.
Owens Corning intended to drain the asphalt from the permanent tank and store it in the temporary tank and then run an additional pipe from the temporary tank to its factory. On May 12, 2010, Anthony and Lester were present when the asphalt piping system malfunctioned and failed to deliver asphalt to the temporary storage tank. Lester and Anthony had determined that the asphalt had solidified in the piping system.
As was common at the plant, Anthony used a heat source to de-solidify the asphalt in the piping system. In order to do so, Anthony climbed on the ladder attached to the temporary tank and stood over the piping system. At this same time, Lester was also already standing on the temporary tank. While Anthony was up near the flange at the top of the tank, the over pressurization inside caused an explosive breach resulting in a massive amount of hot asphalt to blow out the top of the tank along with the gases which then also ignited from the heat source. Anthony was blown off the tank and hot burning asphalt covered his body. Lester was struck in the face by the blown off parts of the flange coming off the top of the tank to discharge out of the storage tank and knocked Anthony and Lester to the ground. The asphalt covered Anthony’s body.
On behalf of Anthony and Lester, Dollar, Burns, Becker & Hershewe filed a lawsuit against Rand Construction and Liquid Asphalt for negligent design and manufacturing of the piping system and temporary tank, strict liability for the pipe system and the temporary tank, and negligent failure to warn.
Before trial, Anthony and Lester settled with Rand construction for $7,200,000. Anthony and Lester proceeded to trial against Liquid Asphalt and received verdict in the amount of $36,300,000.
Settlement
$35.9M
Truck Crash
$35.9 Million Settlement
Truck Crash
Missouri
CONFIDENTIAL VERSUS CONFIDENTAL
Our client’s decedent was killed when her vehicle was struck by a tractor-trailer which crossed the center line. The claims were against the trucking company and its truck driver.
Settlement
$30M
Insurance Bad Faith
$30 Million Settlement
Insurance Bad Faith
Our client suffered a catastrophic injury as a result of a motor vehicle accident. The settlement was 300x the Defendant’s insurance policy limits.
Settlement
$28M
Catastrophic Injury
$28 Million Settlement
Catastrophic Injury
We represented an individual who suffered catastrophic injuries as a result of an accident
Settlement
$27M
Truck Crash
$27M Settlement
Truck Crash
We represented several individuals killed in a rear-end truck crash caused by driver fatigue and violations of hours of service
Settlement
$27M
Truck Crash
$27 Million Settlement
Truck Crash
We represented the surviving family of a mother killed in a tractor-trailer crash
Settlement
$24.2M
Truck Crash
$ 24.2 Million Settlement
Truck Crash
Missouri
CONFIDENTIAL VS CONFIDENTIAL
In 2009, our client was operating his vehicle in a construction zone in Missouri when he was struck by a tractor-trailer. The claims were against the trucking company, its driver, and the road construction company that set up the construction zone.
Settlement
$22M
Insurance Bad Faith
Settlement
$18M
Catastrophic Injury
$ 18 Million Settlement
Catastrophic Injury
Olathe, Kansas
JOHN WIXOM V. DEFFENBAUGH INDUSTRIES
During a “pull-off” procedure, a method of unloading the trailer containing construction materials, Defendant Deffenbaugh Industries’ landfill employee defendant Holmes operated a 3-90C trash compactor to the rear of the trailer being pulled by the truck. Defendant Deffenbaugh Industries’ landfill and Defendant Holmes expected Plaintiff Wixom and his employer or supervisor to step between the 3-90C trash compactor blade and the rear of the trailer in order to attach chains to the blade to effectuate the pull-off.
Plaintiff alleged that at the time, the compactor had a broken throttle pedal and missing spring, an essential safety feature that made it difficult to control/stop the 3-90C trash compactor.
Defendant Holmes was advised by Charles Blubaugh to operate the 3-90C trash compactor in reverse in order to create additional room between the blade and the back of the trailer. Rather than operating the 3-90C trash compactor in reverse, the compactor lunged forward toward Plaintiff Wixom and pinned Plaintiff Wixom between the 3-90C trash compactor and the trailer/truck.
Plaintiff alleged Defendants fell below the standard of care by failing to implement safety policies and procedures for their employees and by improperly using machinery in a defective and unreasonably dangerous condition.
Defendant denied that the missing or broken parts were essential safety features. Defendant further alleged comparative fault on Plaintiff for positioning himself between the compactor and the rear of the trailer.
Settlement
$15.5M
Truck Crash
$15.5 Million Settlement
Truck Crash
Our client suffered catastrophic injuries and lost his son to a truck crash on snow and ice.
Settlement
$15M
Truck Crash
$ 15 Million Settlement
Truck Crash
Dauphin County, PA
DAUPHIN COUNTY, PA TRUCK CRASH – $15 MILLION SETTLEMENT
A tractor-trailer rear-ended a series of vehicles in a construction zone. The crash occurred in Dauphin County, Pennsylvania. Dollar, Burns, Becker & Hershewe worked to receive a $15 million confidential settlement for its client.
Settlement
$15M
Truck Crash
$15 Million Settlement
Truck Crash
Our client suffered catastrophic injuries in a tractor-trailer crash.
Settlement
$13.75M
Insurance Bad Faith
$13.75 Million Settlement
Insurance Bad Faith
Our client suffered catastrophic injuries in a motor vehicle accident. This settlement exceeded the policy limits of the defendant.
Settlement
$13M
Truck Crash
$ 13 Million Settlement
Truck Crash
Interstate 5, Fresno County, California
CONFIDENTIAL VERSUS CONFIDENTIAL
A tractor-trailer operated by a claimed independent contractor under the authority of a national motor carrier rear-ended a series of vehicles in a construction zone including a vehicle driven by a 18 year old student who was killed. Also injured in the crash was the driver’s 17 year old girlfriend who suffered a mild traumatic brain injury, multiple fractures of the pelvis, and other injuries. Plaintiffs were the injured 17 year old female passenger and the parents of the deceased 18 year old. Our firms worked to establish that the there was no reasonable non-negligent explanation for the crash or driver’s conduct.
Settlement
$12.1M
Child Injury
$12.1 Million Settlement
Child Injury
We represented a young girl who suffered serious injuries at a friend’s house. The settlement was $11.1 million over the defendant’s insurance policy limits.
Settlement
$12M
Child Injury
$12 Million Settlement
Child Injury
We represented a young child seriously injured in a motor vehicle accident. The settlement was 480x the Defendant’s insurance policy limits.
Settlement
$11.5M
Insurance Bad Faith
Settlement
$10.5M
Insurance Bad Faith
$10.5 Million Settlement
Insurance Bad Faith
Our client suffered catastrophic injuries in a motor vehicle crash. The defendant’s insurance company wrongfully denied coverage for the crash.
Settlement
$10.1M
Insurance Bad Faith
$10.1 Million Settlement
Insurance Bad Faith
We represented the surviving wife for her catastrophic injuries and the death of her husband as a result of a motor vehicle accident. The settlement was $10,000,000 more than the Defendant’s insurance policy limits.
Settlement
$10M
Truck Crash
$10 Million Settlement
Truck Crash
We represented an individual who suffered severe injuries in a tractor-trailer crash. The settlement was $9 million over the Defendant’s insurance policy limits.
Settlement
$10M
Motor Vehicle Accident
$10 Million Settlement
Motor Vehicle Accident
Our client suffered catastrophic injuries in a motor vehicle accident.
Verdict
$10M
Wrongful Death
$10 Million Verdict
Wrongful Death
We represented the surviving parents of a minor killed in a motor vehicle accident.
Settlement
$9.5M
Child Wrongful Death
$9.5 Million Settlement
Child Wrongful Death
Grand Island, NE
CONFIDENTIAL VS ABC TRUCKING COMPANY
On June 30, 2002, the two siblings were stopped in a construction zone on Interstate 80 in Grand Island, Neb., after they were involved in a fender-bender. An 18-wheel tanker truck rear-ended their vehicle. The siblings survived impact but died when the caught fire.
The mother sued the truck driver and his employer in Jackson County since the tanker company was a Missouri company. She claimed the driver was negligent in that, among other things, he ignored warnings of a lane drop in the construction zone.
The parties settled before trial for $9.5 million – $4.75 million for each fatality – and dismissed with prejudice the third-party claim against the sibling who was driving the vehicle.
Settlement
$9M
Insurance Bad Faith
Settlement
$9M
Traumatic Brain Injury
$9 Million Settlement
Traumatic Brain Injury
We represented an individual who was struck by a motor vehicle while riding his bicycle. The defendant denied he was liable for causing the collision. The settlement was 36x the Defendant’s insurance policy limits.
Settlement
$9M
Motorcycle Accident
$9 Million Settlement
Motorcycle Accident
Our client’s family member was killed in a motorcycle accident
Settlement
$9M
Truck Crash
$9 Million Settlement
Truck Crash
Our client suffered a traumatic brain injury after a rear-end tractor-trailer crash in Washington.
Settlement
$9M
Truck Crash
$9 Million Settlement
Truck Crash
We represented the surviving family of a woman killed in a rear-end truck crash.
Settlement
$9M
Truck Crash
$9 Million Settlement
Truck Crash
We represented the surviving family of a woman killed in a truck crash in Texas
Settlement
$8.775M
Truck Crash
$8.775 Million Settlement
Truck Crash
We represented the family of a young man killed in a cross-over truck crash due to driver distraction.
Settlement
$8.5M
Truck Crash
$8.5 Million Settlement
Truck Crash
We represented the surviving parents and spouse of a young man killed in a tractor-trailer crash.
Settlement
$8M
Insurance Bad Faith
$8 Million Settlement
Insurance Bad Faith
Our client suffered serious injuries in a trailer accident. The settlement exceed the insurance policy limits of the Defendant.
Settlement
$7.93M
Truck Crash
$7.93 Million Settlement
Truck Crash
We represented the surviving spouse of a woman killed in a tractor-trailer crash in adverse weather conditions
Settlement
$7.9M
Insurance Bad Faith
Settlement
$7.780M
Insurance Bad Faith
$7.78 Million Settlement
Insurance Bad Faith
Jackson County, MO
($7,680,000 Over the Policy Limit)
CONFIDENTIAL SETTLEMENT
No summary due to confidentiality clause.
Settlement
$7.5M
Insurance Bad Faith
$7.5 Million Settlement
Insurance Bad Faith
Our client was catastrophically injured in a motor vehicle accident involving impaired driving. The settlement exceeded the defendant’s policy limits.
Settlement
$7.5M
Motor Vehicle Accident
$7.5 Million Settlement
Motor Vehicle Accident
Our client was injured in a motor vehicle accident
Settlement
$7.25M
Truck Crash
$7.25 Million Settlement
Truck Crash
Our clients were unable to avoid a tractor-trailer that experienced engine failure and was blocking the interstate at night. In addition to the trucking company, our investigation revealed several maintenance and repair companies responsible for the engine failure.
Settlement
$7.1M
Child Injury and Wrongful Death
$ 7.1 Million Settlement
Child Injury and Wrongful Death
Jackson County, MO
LEAKE VS. GAINEY TRANSPORTATION SERVICES
Anthony and Michelle Leake sued after an accident with a tractor-trailer took the life of their son.
On May 11, 2002, Noah Leake, 18, was traveling on lnterstate 70 at the Benton Curve in Jackson County. Corey Griffin was driving his tractor-trailer in the same direction when it overturned on Noah Leake’s car.
A fire erupted and Leake, pinned under the truck, died of smoke inhalation.
Gainey Transportation Services, Inc. driver involved in truck crash accident with Noah Leake
The Leakes filed a wrongful death suit against Griffin and his employer, Gainey Transportation Services, Inc., claiming that Griffin was driving too fast. They also sued the Missouri Highway and Transportation Commission, claiming that the highway signage was inadequate.
The parties settled on the fourth day of trial, with Gainey paying $7.125 million and MHTC paying nothing.
Settlement
$7M
Wrongful Death Shooting
$7 Million Settlement
Wrongful Death Shooting
We represented the surviving family of a father killed in a shooting at a commercial establishment
Settlement
$7M
Truck Crash
$7 Million Settlement
Truck Crash
Our client suffered a traumatic brain injury in a tractor-trailer crash
Settlement
$7M
Insurance Bad Faith
$ 7 Million Settlement
Insurance Bad Faith
Jackson County, MO
CONFIDENTIAL VS XYZ INSURANCE COMPANY
The owner of a window washing company settled a Jackson County bad faith lawsuit against his liability insurance carrier for $7 million. He claimed he was exposed to an excess judgment when the insurer refused to settle an underlying wrongful death case.
“The startling thing in the case is that the carrier had $1 million limits of liability and ended up paying $7 million,” said Tim Dollar of Kansas City, who represented the window washing company in both the wrongful death case and the bad faith case.
John Doe, owner and operator of ABC Window Cleaning, Inc., hired Joe Smith as a temporary window washer in July 2000. After less than an hour on the job, Smith fell eight stories to his death.
Smith’s widow and minor children filed a wrongful death lawsuit against Doe and the window cleaning company in July 2002, alleging that Doe committed various acts and omissions that resulted in Smith’s death.
Doe tendered his defense to his liability insurer, XYZ Insurance Co. XYZ refused to provide coverage to Doe, contending that its policy excluded coverage for “workers’ compensation and similar laws.” XYZ also maintained that the deceased was an “employee,” thereby excluding him under the policy terms.
Doe’s workers’ compensation/employers’ liability carrier assumed the defense and filed a motion for dismissal or summary judgment, citing an immunity defense from liability under the workers’ compensation law. The court, however, ruled that the plaintiffs had met the threshold requirements of charging “something more,” giving the circuit court subject matter jurisdiction over plaintiffs’ claims against Doe.
Thereafter, Doe released the workers’ compensation carrier of its obligation to defend in exchange for the waiver of any subrogation interest in the third-party claim.
The Smiths offered Doe a $1 million settlement of their wrongful death claim. Doe communicated the settlement offer to XYZ, but the company refused the offer.
The case proceeded to trial, where a judge ruled that, Doe was negligent by creating “something more than general workplace dangers” and that the state workers’ compensation law shielding employers from such lawsuits did not apply. The judge awarded $7-25 million to the Smith family, but XYZ failed or refused to pay any portion of the judgment.
Thereafter, Doe filed a bad faith lawsuit against XYZ, alleging that the company breached the coverage it promised under the policy by failing to defend or settle the wrongful death claim.
Doe further alleged that XYZ made no investigation and gave no consideration to easily ascertainable facts that dictated coverage under its policy.
In addition, Doe maintained that the decision not to defend or settle the wrongful death claim was based solely on the interests of XYZ, without consideration of Doe’s interest or the clear obligations of the policy. Doe contended that XYZ’s bad faith practices entitled him to punitive damages.
With consent from the Smith family, Doe settled the bad faith lawsuit for $7 million. After attorney’s fees and expenses, Doe then negotiated a settlement with the Smith family and obtained a release of the underlying judgment.
Leland Dempsey of Kansas City represented the Smith family in the wrongful death case and joined the bad faith case with an equitable garnishment proceeding under the original policy. He declined to comment on the settlement, citing a confidentiality agreement among the parties.
Settlement
$7M
Child Injury and Wrongful Death
$ 7 Million Settlement
Child Injury and Wrongful Death
South Carolina
JEFF BECKER VS OLIVER MITCHELL AND LTL TRUCKING
A tractor pulling double trailers operated by Oliver Mitchell crossed the median where it struck Becker’s vehicle and caused a wreck on Interstate 85. Daniel Becker, 19, and his mother, Pamela Becker, 42, were traveling southbound on Interstate 85, near the South Carolina/Georgia state line. A tractor pulling double trailers operated by Oliver Mitchell was traveling north on Interstate 85 when he lost control, and traveled across the median and through the cable barrier, where it struck the Becker vehicle.
Daniel Becker was killed instantly, and Pamela was grievously injured, then died on Thanksgiving Day, November 23, 2006. This case was tried in the U.S. District Court in South Carolina. A settlement of $7 million was awarded to Pamela’s family.
Settlement
$6.5M
Child Injury and Wrongful Death
$ 6.5 Million Settlement
Child Injury and Wrongful Death
Delaware
FAMILY REAR-ENDED BY TRUCK
In 2009, a woman, her grandchild, and the grandchild’s friend died when a commercial motor vehicle rear-ended them while their vehicle was stopped on the shoulder of the highway. We represented the surviving family members of the victims. The court set the case for trial for April 2012. A week before the court had scheduled the trial to start, the parties settled the case.
Settlement
$6.5M
Insurance Bad Faith
$ 6.5 Million Settlement
Insurance Bad Faith
Johnson County, KS
No summary due to confidentiality clause.
Settlement
$6M
Insurance Bad Faith
$6 Million Settlement
Insurance Bad Faith
DeKalb County, MO
SETTLEMENT FOR TWO SMALL BUSINESSES AGAINST THEIR INSURANCE COMPANY
We represented two small businesses against their insurance company after it refused to defend them in court. A woman sued our clients for injuries arising out of carbon monoxide exposure. Our clients’ insurance company denied coverage and refused to defend our clients in court. The plaintiff and our clients had agreed to arbitrate her claims. A week before the arbitration, our clients’ insurance company settled the case and all claims including the plaintiff’s personal injury claims and potential garnishment claims and our clients’ potential bad faith and failure to defend claims.
Settlement
$6M
Catastrophic Injury
$6 Million Settlement
Catastrophic Injury
Wyandotte County, KS
PARENTS SUE SURGERY CENTER FOR NEGLIGENCE
A six-year-old little boy saw a dentist for a dental examination. The dentist recommended a tooth extraction and other dental work be performed under general anesthesia. At some point during the surgical procedure, Ricky became unresponsive.
Although several doctors and nurses were present in the operating room, and post anesthesia recovery room, none took immediate resuscitative efforts to assist Ricky. A doctor from the PACU unit arrived and determined that Ricky needed resuscitation, oxygen and urgent care. Ricky’s heart had stopped, a Code Blue was called and CPR was initiated.
Ricky’s heart was started and he was intubated, but remained unresponsive. He was transferred to a local children’s hospital where it was determined Ricky had sustained severe, permanent, debilitating brain damage and would require around-the-clock constant medical care for the remainder of his life. Ricky’s parents sued the dentist, the hospital, the anesthesiologist and nurses who were attendant during the procedure for negligence in the quality of care that was delivered to Ricky.
Settlement
$6M
Child Injury and Wrongful Death
$ 6 Million Settlement
Child Injury and Wrongful Death
Wyandotte County, KS
PARENTS SUE SURGERY CENTER FOR NEGLIGENCE
A six-year-old little boy saw a dentist for a dental examination. The dentist recommended a tooth extraction and other dental work be performed under general anesthesia. At some point during the surgical procedure, Ricky became unresponsive.
Although several doctors and nurses were present in the operating room, and post anesthesia recovery room, none took immediate resuscitative efforts to assist Ricky. A doctor from the PACU unit arrived and determined that Ricky needed resuscitation, oxygen and urgent care. Ricky’s heart had stopped, a Code Blue was called and CPR was initiated.
Ricky’s heart was started and he was intubated, but remained unresponsive. He was transferred to a local children’s hospital where it was determined Ricky had sustained severe, permanent, debilitating brain damage and would require around-the-clock constant medical care for the remainder of his life. Ricky’s parents sued the dentist, the hospital, the anesthesiologist and nurses who were attendant during the procedure for negligence in the quality of care that was delivered to Ricky.
Settlement
$6M
Motor Vehicle Accident
$6 Million Settlement
Motor Vehicle Accident
Our client suffered significant injuries in a motor vehicle accident
Settlement
$6M
Insurance Bad Faith
$6 Million Settlement
Insurance Bad Faith
We represented an individual injured in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$6M
Motor Vehicle Accident
$6 Million Settlement
Motor Vehicle Accident
Our client was injured in a motor vehicle accident involving a commercial vehicle.
Settlement
$6M
Traumatic Brain Injury
$6 Million Settlement
Traumatic Brain Injury
We represented a young woman who suffered a traumatic brain injury in a motor vehicle accident involving a commercial vehicle.
Settlement
$5.85M
Insurance Bad Faith
$5.85 Million Settlement
Insurance Bad Faith
We represented the parents of a young boy who was killed in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$5.54M
Truck Crash
$5.54 Million Settlement
Truck Crash
We represented the parents of a young boy killed in a truck crash.
Settlement
$5M
Motor Vehicle Accident
$5 Million Settlement
Motor Vehicle Accident
We represented the surviving family of a decedent killed in a motor vehicle accident.
Settlement
$5M
Insurance Bad Faith
$5 Million Settlement
Insurance Bad Faith
Our client was injured in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$4.9M
Product Liability
$4.9 Million Settlement
Product Liability
Our client suffered severe injuries due to a vehicle defect causing an accident.
Settlement
$4.8M
Truck Crash
$4.8 Million Settlement
Truck Crash
We represented the surviving family of a man killed in a truck crash.
Settlement
$4.75M
Truck Crash
$4.75 Million Settlement
Truck Crash
Our client suffered catastrophic injuries in a truck crash.
Settlement
$4.5M
Truck Crash
$4.5 Million Settlement
Truck Crash
Our client suffered injuries to his face and head in an accident due to improper maintenance of a tractor-trailer.
Settlement
$4.3M
Motor Vehicle Accident
$4.3 Million Settlement
Motor Vehicle Accident
Our client suffered serious injuries in a motor vehicle accident.
Settlement
$4.125M
Truck Crash
$4.125 Million Settlement
Truck Crash
Our client was injured in a motor vehicle crash caused by a tractor-trailer running another vehicle off the road without stopping.
Verdict
$3.95M
Motorcycle Accident
$3.95 Million Verdict
Motorcycle Accident
Our client was injured in a motor vehicle accident in which he was side-swiped by a vehicle while on his motorcycle.
Settlement
$3.95M
Truck Crash
$3.95 Million Settlement
Truck Crash
We represented the surviving family of a woman killed in a cross-over truck crash due to driver fatigue.
Settlement
$3.75M
Insurance Bad Faith
$3.75 Million Settlement
Insurance Bad Faith
Our client suffered severe injuries to his leg from a motor vehicle accident. The settlement was 150x the Defendant’s insurance policy limits.
Settlement
$3.375M
Truck Crash
$3.375 Million Settlement
Truck Crash
We represented the surviving family of a man who was killed on the interstate by a tractor-trailer while helping a stranded motorist
Settlement
$3.3M
Product Liability
$3.3 Million Settlement
Product Liability
Our client was injured in a motor vehicle accident caused by defective equipment on a commercial vehicle.
Settlement
$3.275M
Insurance Bad Faith
$3.275 Million Settlement
Insurance Bad Faith
We represented the surviving family of a man killed in a truck crash. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$3.3M
Insurance Bad Faith
Settlement
$3M
Truck Crash
$3 Million Settlement
Truck Crash
We represented the surviving family of a man killed in a tractor-trailer crash.
Settlement
$3M
Truck Crash
$3 Million Settlement
Truck Crash
Our client suffered catastrophic injuries in a truck crash. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$3M
Truck Crash
$3 Million Settlement
Truck Crash
Our client suffered significant injuries in a truck crash.
Settlement
$3M
Wrongful Death
$3 Million Settlement
Wrongful Death
We represented the family of a man killed in a workplace accident.
Settlement
$3M
Motor Vehicle Accident
$3 Million Settlement
Motor Vehicle Accident
Our clients were injured in a motor vehicle accident involving a defective commercial vehicle trailer.
Settlement
$2.75M
Insurance Bad Faith
Settlement
$2.675M
Truck Crash
$2.675 Million Settlement
Truck Crash
Our client suffered significant injuries in a truck crash
Settlement
$2.65M
Insurance Bad Faith
Settlement
$2.6M
Truck Crash
$2.6 Million Settlement
Truck Crash
Our client suffered significant leg injuries in a truck crash
Settlement
$2.5M
Truck Crash
$2.5 Million Settlement
Truck Crash
Our client was injured in a truck crash after the driver lost machinery off his trailer
Settlement
$2.5M
Insurance Bad Faith
Settlement
$2.39M
Truck Crash
$2.39 Million Settlement
Truck Crash
Our clients were injured in a truck crash after a driver fell asleep and rolled his tractor-trailer, blocking the interstate
Settlement
$2.25M
Insurance Bad Faith
$2.25 Million Settlement
Insurance Bad Faith
Our client was injured in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$2.25M
Truck Crash
$2.25 Million Settlement
Truck Crash
Our client was injured in a truck crash.
Settlement
$2.15M
Motor Vehicle Accident
$2.15 Million Settlement
Motor Vehicle Accident
Our client was injured in a motor vehicle accident.
Settlement
$2.06M
Truck Crash
$2.06 Million Settlement
Truck Crash
We represented the surviving family of a woman killed in a truck crash. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$2M
Truck Crash
$2 Million Settlement
Truck Crash
Our client suffered injuries in a truck crash.
Settlement
$2M
Dog Bite
$2 Million Settlement
Dog Bite
Our client suffered injuries from a dog attack at a neighbor’s house.
Settlement
$2M
Insurance Bad Faith
Settlement
$2M
Truck Crash
$2 Million Settlement
Truck Crash
Our client suffered injuries from a truck crash. This settlement exceeded the Defendant’s insurance policy limits.
Settlement
$1.975M
Child Injury and Wrongful Death
$ 1.975 Million Settlement
Child Injury and Wrongful Death
Virginia
CONFIDENTIAL VS CONFIDENTIAL
On January 21, 2009, a young college student was killed while driving on the highway in Maryland. A wheel and tire assembly came off of a crane truck owned by a county while it was being towed by a tow truck.
The wheel assembly that separated from the towed vehicle ultimately was knocked airborne by an oncoming tractor trailer and caused fatal injuries to the college student. We represented the student’s parents. The parties eventually settled the case for $1,975,000.
Settlement
$1.9M
Insurance Bad Faith
Settlement
$1.8M
Nursing Home
Settlement
$1.75M
Truck Crash
$1.75 Million Settlement
Truck Crash
Our client was injured in a tractor-trailer crash.
Settlement
$1.75M
Truck Crash
$1.75 Million Settlement
Truck Crash
Our client’s family member was killed in a truck crash.
Settlement
$1.75M
Motor Vehicle Accident
$1.75 Million Settlement
Motor Vehicle Accident
Our client suffered injuries in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$1.75M
Sexual Assault and Abuse
$1.75 Million Settlement
Sexual Assault and Abuse
Jackson County, MO
$750,000 over policy limit
Mentally disabled 39-year-old sexually assaulted in group home by another resident.
Settlement
$1.7M
Motor Vehicle Accident
$1.7 Million Settlement
Motor Vehicle Accident
Our client was injured in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$1.7M
Motor Vehicle Accident
$1.7 Million Settlement
Motor Vehicle Accident
Our client suffered serious injuries in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$1.6M
Motor Vehicle Accident
$1.6 Million Settlement
Motor Vehicle Accident
Our client was injured in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$1.55M
Truck Crash
$ 1.55 Million Settlement
Truck Crash
Cass County, Missouri
MOTHER AND DAUGHTER VS NTJ TRUCKING AND DRIVER
A young mother was driving southbound on U.S. Highway 71 with her eight-year-old daughter as a passenger in the back seat. Because of congestion, traffic was slowing and the mother had come to a complete stop on the highway. Defendant driver was also traveling southbound on US Highway 71 while driving a tractor-trailer. Defendant truck driver was traveling between 60-65 mph and violently crashed into the back of the plaintiffs’ vehicle causing it to burst into flames. The mother lost consciousness and had to be pulled from the burning vehicle. The collision caused the trunk and backseat to be pushed up into the front seat, pinning the 8-year-old daughter’s legs. The vehicle continued to burn and several firefighters arrived and bravely struggled to free the little girl before the interior became engulfed in flames. This case was filed in the Circuit Court of Cass County, Missouri.
Settlement
$1.55M
Motor Vehicle Accident
$1.55 Million Settlement
Motor Vehicle Accident
Our client suffered injuries in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
Settlement
$1.5M
Insurance Bad Faith
Settlement
$1.5M
Truck Crash
$1.5 Million Settlement
Truck Crash
Our client suffered orthopedic injuries in a truck crash.
Settlement
$1.5M
Motor Vehicle Accident
$1.5 Million Settlement
Motor Vehicle Accident
Our client was injured in a motor vehicle accident. The settlement exceeded the Defendant’s insurance policy limits.
$1.5M
Catastrophic Injury
$1.5 Million Settlement
Catastrophic Injury
We represented the surviving family of a woman killed in a motor vehicle accident
Settlement
$1.375M