Timothy W Nelson's Legal Cases (4)

Personal injury

Kern v. Janson, et. al

Jul 10, 2011

OUTCOME: Won in Minnesota Supreme Court

Client was injured in a motor vehicle accident. When the other driver's insurance company refused to pay for her property damage, the client took them to conciliation court and won a judgment for her ... vehicle damage. Client then came to our firm seeking to pursue a claim for her personal injuries. The liability insurer claimed that Ms. Kern had split her cause of action by bringing two separate lawsuits, i.e., one for property damage and one for personal injury. The trial court found that she had not knowingly split the claims, but the liability insurer appealed to the court of appeals and they reversed. We appealed to the Minnesota Supreme Court, which decided in our favor. See http://caselaw.findlaw.com/mn-supreme-court/1574861.html

Insurance

Dougherty v. State Farm

Jul 14, 2005

OUTCOME: Won in Minnesota Supreme Court

Client sustained severe frostbite after her vehicle became stuck in a snowbank and she tried to walk home. Client sought no-fault benefits from her insurer, State Farm, and they denied claiming that h ... er injuries did not arise out of the maintenance or use of a motor vehicle. We tried the case to a jury that found that her injuries were related to the use of her motor vehicle. State Farm appealed to Court of Appeals, which reversed the trial court finding of coverage. We appealed to the Minnesota Supreme Court and they found that her injury did arise out of the use of her vehicle and therefore no-fault coverage was awarded. See http://caselaw.findlaw.com/mn-supreme-court/1368354.html

Contracts and agreements

Granite Valley Hotel v. Jackpot Junction Casino

Feb 18, 1997

OUTCOME: Won in MN Court of Appeals

Clients were investors that were induced to build a motel near the Jackpot Junction Casino with the contractual promise by the Casino Manager that the Casino would guarantee 95% occupancy. After a per ... iod of time, the Casino reneged on its promise, and the investors sued the Casino. The Casino claimed they had sovereign immunity as an Indian Tribe, and that the manager had no right to waive that sovereign immunity. We won on that issue in the trial court and in the Minnesota Court of Appeals and a substantial settlement was reached

Personal injury

Kline v. Doughboy Pools

Jan 01, 1991

OUTCOME: $983,000 Verdict

Client broker her neck while diving into an above ground pool. We sued the manufacturer for defective design and failure to warn.

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