Case Summaries

PERSONAL INJURY
AUTO WRECKS
PREMISES LIABILITY
MEDICAL MALPRACTICE AND NURSING HOME NEGLIGENCE
PRODUCT LIABILITY

PERSONAL INJURY:

Electrocution Injury

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.

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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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.

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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.

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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.

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.

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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.

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