Mixon v. Sumner County Care Center, Crystal Creamer, et al.
Feb 27, 2014
OUTCOME: Settled $1,150,000
Our client was riding his new Harley Davidson motorcycle when Ms. Creamer pulled out in front of him, causing him to hit her car and resulting in a traumatic brain injury and severely fractured humerus....
Personal injury
Smith v. Bush - $2,268,979
Jun 24, 2011
OUTCOME: Judgment - $2,268,979
Plaintiff’s judgment in a bench trial for serious personal injuries sustained when a throttle stuck open on defendant’s motorcycle.
Wrongful death
Clough v. Taylor
May 27, 2011
OUTCOME: $1,100,000 - settlement
Charles W. Graves ("CJ"), age 20, was riding his bicycle on North Antioch Road in North Kansas City. He was hit from behind by a car driven by Scott Taylor. He sustained a life threatening head injur...y and multiple other injuries as a result. He was transported to North Kansas City Hospital where he died two days later.
Personal injury
Confidential v. Confidential - DRAM SHOP CASE
Mar 23, 2010
OUTCOME: $4,000,000 settlement
On February 5, 2008, at approximately 8:50 p.m. a brother and sister ages 14 and 19 were driving westbound on AA highway. The siblings had been attending a high school basketball game and were on thei...r way meet their mother for dinner in Blue Springs. At that same time, an intoxicated driver was traveling eastbound on that same highway. As the cars approached each other the intoxicated driver crossed the center line and hit the plaintiffs head-on. All three persons involved in the accident were seriously injured.
Plaintiffs discovered that the intoxicated driver had been at a bar and grill drinking large 25 oz. beers. The accident occurred within ten minutes of the intoxicated driver leaving the bar and grill. A blood draw taken at the hospital within 40 minutes of the accident showed the intoxicated driver’s BAC at .249.
The 14 year old male passenger plaintiff sustained displaced fractures of his left and right femur requiring open and closed reductions along with a fracture of his left wrist. He is left with permanent rods in both legs. He had been a very good athlete prior to this crash and is no longer able to play football or run track. His freshman football coach stated that had this accident not occurred the young man had an excellent chance to receive a college scholarship. His past medical specials came in around $115,000.
The 19 year old female driver sustained the brunt of the impact. She suffered severe facial injuries including bilateral factures of her TMJ, a complete fracture of her lower jaw and a comminuted fracture of her maxillary. She lost seven teeth and is now required to wear dentures. Both of her heels were crushed which required two surgeries on her right heel, surgery on her left heel with placement of hardware to repair. She sustained internal injuries to her pancreas and colon that resulted in a scar from her chest to her lower abdomen. She had been a high school track star and had won State in several track events. Her past medical specials came in around $150,000. Her future medical treatment is to include bone grafts from her ribs to rebuild her maxillary for dental implants and possible additional surgeries on her heels.
Plaintiffs’ claimed that the defendant knew but disregarded the intoxicated patron’s condition. Plaintiffs’ also claimed that the defendant failed to implement safe service of alcohol programs. The defendant had another dram shop lawsuit approximately seven months prior to this one in which an intoxicated patron left its establishment and killed another driver in a car crash.
Also important was early and thorough investigation and the retention of expert witnesses in bar/restaurant management, alcohol safety, toxicology, life care planning, an economist and vocational rehabilitation specialist.
This matter was settled prior to trial for $4,000,000 after mediating with Rich McLeod.
Brain injury
Confidential v. Confidential - PRODUCTS LIABILITY CASE
Mar 24, 2008
OUTCOME: $2,125,000 Settlement
A young woman, age , was a passenger in the rear middle seat of a minivan on March 20, 2003. She was belted in with the only seatbelt available - a lapbelt. The vehicle in which she was riding was hi...t on rear,passenger side by another vehicle while attempting to make a left hand turn. The impact caused our client to be whipped around in the van resulting in a global brain injury. She was in a coma for 6 weeks and in intensive therapy at Rusk Rehab (for brain injury victims) for several more weeks following the accident. Our young client had to re-learn all of the day to day functions we all take for granted.
Wrongful death
McCurley v. Bridges
Jan 20, 2005
OUTCOME: $300,000 settlement
Ms. Laura McCurley was at home getting ready for work when she received life-threatening injuries caused by an explosion from a pipe intentionally left open on a gas water heater by her fiance. Ms. Mc...Curley survived several days in the KU burn center before her injuries resulted in her death. Mr. Charles Bridges was eventually charged and convicted of murder.
Personal injury
Mendez v. All Star Family Sports Arena, Inc.
N/A
OUTCOME: Settlement
On June 11, 2003 Cheryl Mendez dropped Gabe, her 5 year old son, off at his summer day care program at All Star Sports Arena. ASFSA was running a summer day camp for children between the ages of 5 and... 12. The facility had both an indoor soccer rink and indoor skating floor. At night the skating floor was used by leagues to play roller hockey. The facility owned two full sized hockey goals for the purpose of using them in the league.
On this morning the goals had been left of the floor and not removed. This was not uncommon although sometimes they were removed. At approximately 9:30 that morning one of the goals was toppled over and Gabriel Mendez's hand was crushed. How exactly the goal fell and how Gabe's hand wound up under it and crushed was disputed. Other than Gabe Mendez, who was 5 at the time, the Plaintiff could find no witness to the actual event. Both supervisor's that were on the floor at the time testified they did not witness the goal fall over. They only heard the commotion after the fact. The case was made more difficult because a full investigation of the matter was not conducted until years later. It was only during discovery over five years later that the Plaintiffs were able to identify who exactly was there and what was remembered. The long lapse in time had faded many memories of the day in question.
The children's supervisors did testify that they routinely told the children not to play on the goal. In addition, there was evidence that somewhere between 50 to 80 children were at the facility at the time of the incident and on the skating floor. At the time of the accident only two supervisors could be identified that were on the skating floor watching the children.
Plaintiffs claimed that the defendant was negligent for failing to remove the hockey goals and they created a dangerous condition. In addition, the defendant knew or should have known of the dangerous condition because children were told not play on them because they could be dangerous. In addition, Plaintiffs claimed that the defendant was negligent in failing to provide adequate supervision.