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Benjamin Spencer Creedy's Legal Cases (20)

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Workers compensation

Gary Pace v. City of St. Joseph

Jan 01, 2010

OUTCOME: Permanent total disability

Mr. Pace tore tissue in his knee following a workplace accident in 2002. The tear was surgically repaired, but he developed a blood clot in his right leg. In short order, Mr. Pace was plagued by chro ... nic pain in his right leg. The pain condition was eventually diagnosed as chronic regional pain syndrome, sometimes called reflex sympathetic dystrophy. Mr. Pace ultimately had to quit working because of the pain and after hearing the medical testimony, the workers' compensation judge determined that his employer, the City of St. Joseph, was liable for lifetime disability payments.

Real estate

Larry Heintz et al. v. R. J. Washburn

N/A

OUTCOME: Summary judgment for plaintiffs

The case involved an option contract. The defendant was trying to enforce the contract against my clients, who were beneficiaries of land owned by the trust. I filed a declaratory judgment action see ... king to have the court declare that the trust did not have an obligation to transfer the land to the defendant. The court entered summary judgment in favor of my clients.

Defective and dangerous products

James Auxier v. XTRA Lease, LLC

N/A

OUTCOME: Favorable settlement for client

Mr. Auxier's employer rented a commercial trailer from the defendant. The trailer was equipped with a large pull down door in the rear of the trailer. Usually, such doors have a heavy nylon strap tha ... t drivers can use to pull the door down. The leased trailer did not have such a strap, but instead had a long piece of shrink wrap for drivers to use. When Mr. Auxier used the shrink wrap, it broke while he was standing four feet off the ground on the back of the trailer. He fell hard to the ground and suffered a brain injury. The case settled for a confidential amount.

Litigation

Shirley Schultz v. St. Joseph Transit

N/A

OUTCOME: Favorable settlement for client

Ms. Schultz was riding a city bus. She was disabled and had to use a motorized wheelchair to get around. The bus parked in front of her apartment building and let down the handicap ramp so she could ... exit the bus. The driver, however, didn't let the ramp all the way down. So when Ms. Schultz's chair got to the end of the ramp the gap between the ramp and the ground caused the chair to become unstable and for her to fall hard to the ground. She had a leg fracture as a result.

Slip and fall accident

William Schawang v. Hoffman Oil Co. et al.

N/A

OUTCOME: Favorable settlement for client

My client fractured his ankle when he slipped on ice in the parking lot of a Hardee's restaurant. Proving liability in the case was difficult. However, I was able to demonstrate that the ice had been ... there for long enough that the restaurant should have been able to spread ice melt and that it was not immediately apparent to customers because of traffic in the area distracting them as they walked. The case settled for a favorable amount.

Car accident

Sandra Musser v. Cory Verdi

N/A

OUTCOME: Favorable settlement for client

My client fractured her ankle in an automobile collision. The other driver crossed the center line as my client drove to work early one morning. It turned out his blood alcohol level was above the le ... gal limit. The case settled for

Insurance

Midland Shopping Center, LLC v. American Family Insurance

N/A

OUTCOME: Favorable settlement for client

Shopping center was burglarized and all the copper wiring and tubing was stolen. American Family, my client's insurer, denied the claim based on an exclusion in the policy. I filed a declaratory judg ... ment action and the court found that the exclusion was not applicable. American Family paid all my client's damages to settle the case.

Defective and dangerous products

Rodney Mercer v. Frazier Industrial et al.

N/A

OUTCOME: Favorable settlement for client

Mr. Mercer's leg was nearly amputated when a bundle of steel rods fell off a shelf that collapsed overhead. The case settled for a confidential amount after suit was filed.

Defective and dangerous products

Bettie Kline v. An Ping Fireworks Co. et al.

N/A

OUTCOME: Favorable settlement for client

Ms. Kline lost an eye because of defective fireworks used in a Fourth of July display. The retailer that sold the fireworks settled for a confidential amount and we obtained a judgment against the man ... ufacturer, a Chinese company.

Car accident

Roger Jeffers v. Newton Cooley

N/A

OUTCOME: Favorable settlement for client

Mr. Jeffers was badly injured when Mr. Cooley collided with the rear of Mr. Jeffers' vehicle while they were driving on an interstate in Texas. Mr. Jeffers suffered a pulmonary embolism as a result of ... the collision and was rendered disabled from that point forward.