TRUCK WRECKS
AUTO WRECKS
PREMISES LIABILITY
MEDICAL MALPRACTICE AND NURSING HOME NEGLIGENCE
PRODUCT LIABILITY
ELECTRICAL SHOCK
CONTACT WITH AN OVERHEAD POWERLINE
NEGLIGENT SECURITY
TRUCK WRECKS:
Trailer Truck Wreck
We represented the four adult sisters of a gentleman who died as a result of a truck wreck. At the time of his death, he was traveling south on Highway 65 in Marshall, Missouri approaching the I-70 entrance ramp. As he approached the intersection, a southbound truck, hauling a 77-foot concrete bridge beam, attempted to get onto I-70 east from the left lane. Essentially, the truck blocked all of the lanes of traffic causing both vehicles to collide. The defense in this case argued that our client's brother should not have been driving on the highway because he suffered from macular degeneration. They further argued that he was speeding and not paying attention. We were able to overcome these defenses and a confidential settlement was reached with the defendants.
Semi-Truck Wreck
A.M. was a passenger in her husband's car. They were driving north on I-635 in Kansas City, Kansas during a severe ice storm. A.M.'s husband lost control of their car and traveled across all three lanes of traffic. The car went directly in front of a semi-trailer. The semi smashed into the car killing A.M.'s husband and critically injuring A.M. A.M. died several weeks later from her injuries.
We filed a suit against the semi-truck driver that hit A.M.'s car and the insurance company for A.M.'s husband. We were able to present evidence that the truck driver was driving too fast for the icy conditions and that, had he been traveling slower, he would not have hit A.M.'s car. The case settled against both defendants shortly before trial.
Bike/Truck Wreck
S.B. was riding her bike to work one morning because she was training for the M.S. 150 charity bike ride. A pickup truck traveling behind S.B. on the same road drifted off onto the shoulder and hit S.B. She was thrown several hundred feet and suffered critical injuries. She died the next day.
We represented S.B.'s siblings in a Clay County, Missouri case against the pickup truck driver. S.B. was not married and had no kids. As a result, we were unable to make a significant claim for economic loss caused by S.B.'s. We were, however, able to show the human loss caused by her death by emphasizing her role in the community and as a teacher. The case was settled for 750,000.00.
AUTO WRECKS:
Bus Wreck
J.J. was on a bus trip to Colorado with her high-school band. A snowstorm came up as the bus was returning from Colorado. Conditions worsened and traffic slowed. A truck behind the bus, however, did not slow down and crashed into the rear of the bus. The back of the bus, where J.J. was sitting, took the brunt of the damage. J.J. suffered a compound fracture of her right leg, torn ligaments in her left knee, a fractured pelvis, a fractured sacrum and internal injuries. She was life-flighted to a Colorado hospital and was there for nearly a month. The driver of the truck that caused the accident was convicted of driving too fast for the existing conditions. J.J. and her family settled the case at mediation for over $630,000.00.
Motorcycle Crash
On September 14, 2003, S.H. was driving home on his motorcycle. While traveling northbound on K7, the defendant pulled out in front of S.H.’s motorcycle causing a deadly wreck. S.H. was immediately life-flighted to the University of Kansas Hospital and was pronounced dead approximately 24-hours later on the next day. This case settled before suit was filed for the insurance policy limit of $100,000.00.
Drunk Driving
On December 18, 2003, A.H. was driving home from his job at a local hotel. As he approached a flashing yellow light at the intersection of Ward Parkway and Baltimore, the defendant ran a red light and crashed into the side of A.H.’s van. A.H. was badly injured in the accident. When the police arrived at the scene, they determined that the other driver was drunk. Suit was filed and settled shortly thereafter for the insurance policy limits of $150,000.00.
PREMISES LIABILITY:
Handicapped Facilities
On August 17, 1999, M.F., a former paralympic silver medallist, stayed at a local motel. He requested a handicap accessible room, but found that its roll-in shower did not have a built-in bench as required by the American’s with Disabilities Act. In response to M.F.’s request for a shower bench or chair, he was provided a plastic pool chair. Although M.F. was able to transfer from his wheelchair to the plastic pool chair and begin his shower, within moments, the plastic pool chair collapsed causing our client to fall to the ground and sustain a cervical spine fracture. After undergoing several years of treatment and neck surgery, M.F. was unable to continue competing in the paralympic games. Shortly before trial, this case was settled for $405,000.00.
Slip And Fall
We represented a 76-year old gentleman in a case brought against a gas station that was unsafe for its customers. The gas station had a duty to keep its premises free of hazards, but failed to do so. At approximately 6:00 p.m., our client began filling up his car with gas. Windshield wiper fluid was stacked up on pallets between the pumps and was held together with clear shrink-wrap. After our client filled his tank, he began to walk towards the gas station to pay for his gas when his feet became entangled in shrink-wrap that was attached to a pallet of wiper fluid. Our client fell to the ground and suffered a torn rotator cuff requiring surgery. If the gas station had unwrapped and discarded the plastic wrap itself and properly monitored and cleaned its parking lot, then our client would not have been injured. This case was settled for $150,000.
Trip Hazard
On October 2, 2006, our client arrived in Kansas City for a religious conference planning meeting at the Kansas City Downtown Marriott Hotel. As our client prepared for bed, he stubbed his big toe on a floor-mounted door stop in front of the sliding glass closet doors. Our client was diagnosed with complex regional pain syndrome. He underwent four epidural injections to combat the pain that he was suffering and later had a spinal stimulator implanted in his back. After filing suit, we learned that at least two prior patrons of the hotel had been injured by the same type of door stops. Despite this knowledge, hotel management had failed to remedy the problem by the time Mr. Mitchell was injured. We were able to obtain a settlement for our client in the amount of $450,000.
Dangerous Condition on Property
M. J. was a freshman at Ruskin High School in the Hickman Mills School District. As part of his P.E. class, M.J. was playing basketball in the gym. The class was playing "side-to-side" on drop down goals to accommodate more games and more players.
Directly behind one of the drop-down goals were a player's bench and an unpadded rail separating the bleachers from the playing area. School personnel testified that they had seen players run into the bench and rail in the past, but never sustain an injury.
As he was playing for P.E. class, M.J. ran to block a shot. He jumped and his momentum took him into the bench and rail. He hit his neck on the rail and fractured his larynx. He was hospitalized for over a month and had over $125,000.00 in medical bills. M.J. and his parents sued the school district claiming the bench/rail design was a dangerous condition because it was too close to the playing court. The case went to trial and we had a nationally recognized sport safety expert testify on M.J.'s behalf. After less than two hours of deliberation, a Jackson County, Missouri jury returned a verdict in favor of M.J. and his parents in the amount of $351,649.12.
MEDICAL MALPRACTICE AND NURSING HOME NEGLIGENCE
Class Action
Sylvester “Sly” James, Jr. was one of five lawyers on the Steering Committee in the Courtney Class Action suit. Mr. James assisted this team of lawyers in obtaining settlements in excess of $100 million from Mr. Courtney and his insurance company. This money was distributed to thousands of Courtney victims and their surviving family members.
Hospital Fall and Death
J.T. suffered a cerebellar hemorrhage and was recovering at a local hospital. He was making very strong improvements and was scheduled to be discharged. Although he was improving, J.T. was considered a fall risk because he was somewhat unsteady on his feet. Therefore, the hospital's fall prevention protocols were in effect.
Despite the fall protocols, J.T.'s nurses failed to properly monitor him and allowed him to fall on two occasions. The second fall happened the day before J.T.'s discharge and caused a severe subdural hematoma - bleeding on the brain. J.T. never left the hospital. He died from complications of the subdural hematoma several months later. We represented J.T.'s family in a suit against the hospital claiming that the nurses failed to follow their own fall prevention policies and procedures. The family reached a confidential settlement with the hospital two weeks before trial.
Post-Cesarean Death
S.S. was a 35 year-old woman who underwent a cesarean section for the birth of her second daughter. After the C-section, S.S. was taken to the recovery room for routine post-operative observation. S.S. continued to bleed in the recovery room, but the nurse and doctor did not notice it. S.S. was having difficulty breathing and was cool to the touch, and her nurse was unable to obtain blood pressure or pulse readings.
Despite those classic signs of a post-operative hemorrhage, the health-care providers took no action for over 20 minutes. A Code Blue was ultimately called, but it was too late. S.S. could not be saved. We represented S.S.'s husband and daughters in a suit against the hospital, nurse and anesthesiologist responsible for S.S's care. The family settled against all defendants at mediation for a confidential amount.
Inadequate Communication
A.H. was born with a condition where fluid builds up on the brain. When he was a boy, A.H. had a ventricular-peritoneal shunt (VP shunt) inserted. A VP shunt is used to drain excess fluid off the brain. A.H.'s shunt malfunctioned, which can be a very dangerous condition, and he was hospitalized for surgery to replace it.
At around midnight on the night after the surgery, A.H. became unresponsive and his blood pressure spiked. He had also been complaining of increased pain in his head. These are common symptoms of shunt failure. A.H. recovered, but as the night wore on, his head pain became increasingly worse.
In the early morning hours, the resident doctor caring for A.H. called the attending neurosurgeon about the head pain. She claimed she told the neurosurgeon about the entire course of A.H.'s night. The neurosurgeon, however, said that he was not told about the events at midnight or the increasing symptoms. In fact, he testified that he would have immediately come to the hospital for an emergency surgery if he knew that information. Instead, he did not come to the hospital for several hours. By the time he got there, it was too late to save A.H.'s life.
A.H.'s parents filed a wrongful death suit against the neurosurgeon and the resident. The case was settled for a confidential amount.
Birth Injury
R.M. was pregnant with her second child and went to a local hospital to deliver. Her first child was delivered by Cesarean section. This time, R.M. and her doctor agreed to try a vaginal birth (or a VBAC - vaginal birth after cesarean).
As her labor continued, the fetal heart rate monitor showed that R.M.'s baby was in severe distress. The baby's heart rate was dropping dangerously low again and again. Despite these problems, R.M.'s nurses and doctor failed to act. Ultimately, R.M.'s uterus ruptured and the baby suffered severe injuries. The baby survived, but died two weeks later.
We represented R.M. in a claim against the hospital and her doctor. Her case settled for a confidential amount shortly after filing.
Improperly Installed Hardware
On Christmas Eve, our client fell and broke both of her legs trying to dodge a grandchild who was on her kitchen floor. She was immediately taken to the hospital where an orthopedic surgeon installed internal fixation devices in both fractured legs. During the procedure the orthopedic surgeon negligently failed to lock the rod placed in our client's right femur. Essentially, the surgeon didn't get the screw into the hole. As a result of the surgeon's failure to get the screw in the hole, our client's right leg was one and a half inches shorter than her left leg after the procedure and she also had an outward rotational deformity in her right leg of at least 60 degrees. This made it very difficult for her to walk and perform her job reupholstering furniture. Ultimately, the device holding our client's right leg together had to be taken out and the surgery had to be redone. It took our client nearly a year to get back to where she should have been when the first surgery was performed. She also incurred over $200,00.00 in medical expenses to fix the damage done by the defendant. In the end, we were able to reach a confidential settlement.
Ear Infection Death Case
Our firm represented a 12-year old girl in a wrongful death/survival action involving medical malpractice. Our client's father suffered an ear infection while he was incarcerated. The weekend before our client's father died, he called his mother and told her that he was going to die from the horrible pain that he was experiencing in his head and he said that he was not getting the treatment that he needed. His mother called the facility and spoke with a nurse, who told her that they were treating the ear infection and that her son was just trying to get some attention. The doctor responsible for this care and treatment failed to properly treat the ear infection and our client's father died from a brain abscess that formed as a result of his right ear infection. This case was settled confidentially.
Failure to Diagnose
K.M. had her wisdom teeth taken out. Three days later, she went to the emergency room because she had severe jaw pain and was unable to open her mouth. The ER doctor ran no tests and sent her home with a diagnosis of "dry socket."
Instead of dry socket, K.M. had a serious jaw infection. Once the infection was properly diagnosed, K.M. had several surgical procedures and was hospitalized for over a week. Her medical bills totaled more than $45,000.00.
At trial, we were able to show that the ER doctor failed to pick up on several classic signs and symptoms of a jaw infection. We also showed that, if the proper diagnosis had been made, K.M. could have been treated with oral antibiotics instead of an extensive hospital stay. A Jackson County, Missouri jury awarded K.M. $147,500.00.
Nursing Home – Choking Case
We represented the family of a 40 year-old man who had suffered a closed head injury. As a result of that injury, the man suffered from paralysis on his right side, had trouble swallowing, and had diminished mental capacity. The man’s family could no longer meet his needs and admitted him to a local nursing home for full-time care. Because of his swallowing problems, the man was restricted to a diet of soft, pureed food. Despite that restriction, the nursing home staff gave the man a cinnamon roll one day during mealtime. The man choked on the roll, suffocated and died. The man’s family settled the case at mediation for a confidential amount.
Nursing Home – Feeding Tube Case
Our clients’ father was an 87 year-old man living with his wife at a local nursing home. He had a tube placed directly into his stomach to assist with feeding and medications. One evening, the tube came out and the nurses replaced it. They did not, however, check to make sure the tube was properly placed in the stomach. The tube was not properly placed and the man’s feeding did not go into his stomach. Instead, it went into his peritoneal cavity, which caused an infection and, ultimately, the man’s death. The man’s family agreed to settle this case for $315,000.00.
Nursing Home – Sexual Assault
Our client was an Alzheimer’s patient at a local nursing home. While a patient, our client was sexually abused by an employee. We filed a lawsuit on her behalf alleging improper care and treatment, failing to remove an unqualified employee, and negligent hiring. During discovery, we learned that the employee had a criminal record, had shown up to work drunk and had been observed physically abusing other patients. The case settled at mediation for a confidential amount.
Nursing Home – Bed Sores
Our client’s mother suffered a leg injury and was sent to a skilled nursing facility for rehabilitation. Because of improper care, she developed decubitus ulcers (bed sores) on her buttocks. These ulcers became infected and continued to get worse. The infection eventually caused the woman’s death. The case was settled at mediation for a confidential amount.
Nursing Home – Bed Sores
G.W. was a long time resident of a nursing home. While in the nursing home G.W.’s condition was allowed to deteriorate to the point that he had 17 Stage III and IV decubitus ulcers (bed sores) and two toes of his left foot were so gangrenous that they fell off. He died of sepsis, dehydration, malnutrition and pneumonia. His daughter employed our firm to pursue a wrongful death claim. The case ultimately settled for a confidential amount with our client make a voluntary contribution to a Missouri nursing home watch group in the name of her father.
Nursing Home Negligence - Burn Injuries
P.N. was a nursing home resident that loved coffee. Because of her medical condition, P.N. was placed on fluid restrictions and her coffee intake was to be closely monitored. Disregarding the fluid restriction order, a nursing home staff member gave P.N. a cup of hot coffee. When a nurse saw her with the coffee, the nurse yanked it out of her hands and caused it to spill.
The coffee caused third degree burns to P.N.'s legs. Despite those burns, the nursing home did not send P.N. to the hospital for three days. She was hospitalized for nearly a month because of the burns.
We filed suit against the nursing home claiming that the coffee given to P.N. was nearly 180 degrees - much hotter than is safe to serve nursing home residents. We also claimed that P.N. should have never been given the coffee because of the fluid restriction order. The case settled for a confidential amount before trial.
PRODUCT LIABILITY
Boat Explosion
On October 6, 1999, T.S. suffered severe burns from a boat fuel explosion at Harbour Marina and Resort in Gravois Mills, Missouri. During the fueling process, a breach in the fuel system allowed the gas and its vapors to escape and enter the engine hold resulting in an explosion. After filing suit and litigating this case, it was settled for $900,000.00.
ELECTRICAL SHOCK :
Improperly Installed Equipment
We represented a Gladstone Public Safety dispatcher who was electrically shocked while using a headset that was hooked up to a radio system that was not properly grounded and/or protected against surges. At approximately 2:30 a.m. a surge arrestor at the local power company substation blew up. At about the same time, our client was casually talking with two police officers in the dispatch center when suddenly the lights flickered on and off; the monitors in the room flashed; and our client heard a loud airplane like noise over the radio console that she was connected to by way of a headset and earpiece resting in her right ear. Our client immediately felt a burning sensation in her right ear. The officers saw our client jerk backwards in her chair as if she was hit by something; they saw her lose consciousness; they saw her vomiting and shaking and they saw her wet herself. As a result of this shock event, our client suffered brain damage and could no longer work. After performing an in-depth investigation of all the facts and circumstances surrounding this incident, our firm filed a lawsuit on behalf of the dispatcher against the installer of the equipment, the manufacturers of the equipment, the power company, and the company responsible for the non-conductive floor system. After taking over 50 depositions all across the country, confidential settlements were reached with all of the defendants.
CONTACT WITH AN OVERHEAD POWERLINE
On January 25, 2002, G.B. was working as a roofer at a home in Mission Hills, Kansas. While he was standing on a ladder and installing a 10-foot piece of metal flashing, the flashing came into contact with a power line causing him to sustain electrical shock and fall 20-feet to the ground. We argued that the power company breached its duty to exercise the highest degree of care by placing its power line too close to the house. G.B.’s past and future medical costs were estimated to be $3,000,000.00, and his case was settled for a Confidential Amount.
NEGLIGENT SECURITY:
Rape in Parking Garage
On May 25, 2006, our client, a 70-year old woman, was raped in the parking garage stairwell of an outdoor shopping mall in the greater Kansas City area at noon. Although this shopping district had security patrol, there was no security present within the subject garage at and around the time of the rape. In addition, there were several missing security cameras in the stairwell where our client was attacked. There were cameras brackets in this stairwell without cameras. We were able to settle this case for $625,000.
Assault in Parking Garage
On December 22, 2005, our client, a 53 year old female drove into a parking garage at an outdoor shopping mall in the greater Kansas City area to meet her friend for an early Christmas lunch. At the entrance to the garage, there was a sign representing to all customers that the garage was under video surveillance and that it was patrolled by security. After getting out of her car, our client was robbed at gunpoint and then hit over the head repeatedly with the butt of the gun. Ultimately, the man escaped with our client's purse and our client suffered lacerations to her head, which required stapling at the emergency room. We argued that defendants negligently failed to provide reasonable security in the parking garage and were able to obtain a settlement of $125,000.
Assault in Parking Lot
On May 4, 2007, at approximately 1:30 a.m., our client was assaulted and very badly beaten up by a group of at last eight patrons of a bar in Lee's Summit, Missouri in its parking lot. Although the bar had at least two bouncers working at this time, it did absolutely nothing to protect our client from this attack. Our client suffered severe trauma to his head and nearly died. Unfortunately, there was limited insurance coverage available for these types of incidents. However, we were able to settle his case for $98,500.
Positional Asphyxia
In November 1999, D.D. was in a local drug store when employees grew suspicious that he might be shoplifting. The employees confronted D.D. who panicked and attempted to flee the store. The employees chased him into the street, tackled him, and held him face down on the pavement. Several employees laid across D.D.’s back and shoulders to pin him down until the police arrived. D.D. initially struggled to get up and was heard to say that he could not breath, however, the employees continued to hold him down. When the police arrived 12-20 minutes after the incident began, D.D. was dead. We filed a wrongful death suit on behalf of D.D.’s parents arguing that the employees caused his death by asphyxia when they laid across his back while pinning him to the asphalt. The case ultimately settled $900,000 in favor of D.D.’s surviving family members.
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