Leawood, KS
Personal injury Lawyer at Leawood, KS
Practice Areas: Personal Injury, Construction & Development ... +3 more
OUTCOME: $1,170,000 settlement, representing all of the available insurance and a payment from the grandparents.
While fleeing from the police in his grandparents' Ford F-250, a 14-year old hit a 20-year old woman at approximately 88 mph and killed her. Mr. Welder represented the parents of the young woman.
OUTCOME: Defense Verdict
David Welder obtained a defense verdict after a 6-day jury trial in Riley County, Kansas in August 2022. He represented a structural engineer in a professional negligence claim involving a real estate ... transaction wherein there were claims related to a structural inspection performed by the engineer. The last pretrial settlement demand was $485,000.
OUTCOME: Summary Judgment for clients
Won summary judgment for Installtec, Inc. and K Building Specialties, Inc., subcontractors on a construction project in Johnson County, Kansas, regarding a $3,000,000 indemnity lawsuit brought by anoth ... er subcontractor related to a jobsite accident. This judgment was upheld by the Kansas Court of Appeals.
OUTCOME: David Welder obtained a $650,000 verdict in a civil rights claim plus an award of attorneys' fees, for a total judgment of $1,287,852.74o
In 2012, Wayne Gerling was shot in his home with a taser by a Hermann, Missouri police officer over a parking ticket. With David’s help, Mr. Gerling pursued a Section 1983 false arrest claim against th ... e officer in the United States District Court for the Eastern District of Missouri. After a nine-year battle, Mr. Welder obtained a $650,000 jury verdict plus attorney’s fees. ($500,000 in punitive damages)
OUTCOME: David won a $500,000 judgment & award of attorney's fees and costs
David J. Welder and Paul A. Breer won a $500,000 judgment and an award of attorney’s fees and costs on behalf of their client in a breach of contract case in Johnson County, Kansas. In January 2019, th ... eir client entered into a real estate contract to sell a 3 million dollar home located in Leawood, Kansas with an individual purporting to have ties to the widely-known Standard Oil Trust. In fact, the individual entered into the real estate contract on behalf of an entity called the “Standard Oil Trust” and represented that he was in the oil drilling business with an office in Texas. Pursuant to the fully executed contract, a $500,000 earnest payment was to be delivered to the escrow agent within 5 days, but it never came and the individual did not take possession of the home. On May 9, 2019, Mr. Welder and Mr. Breer brought suit against the individual and his company, Standard Oil Trust, for breach of contract in the amount of $500,000 plus attorneys’ fees. Both the individual and Standard Oil Trust failed to answer the petition and a motion for default judgment was granted by Judge James Vano. It then became even more apparent that the defendants did not have any relation to the widely-known Standard Oil Trust. On December 10, 2019, Judge Vano scheduled an evidentiary hearing to determine the amount of damages from defendants’ breach of the contract. The COVID-19 pandemic hit in the meantime and the evidentiary hearing was consequently delayed. Finally, on June 25, 2020, the evidentiary hearing was conducted by video conference, where Mr. Breer put on evidence showing that the defendants were liable for $500,000 pursuant to the liquidated damages provision in the contract. After hearing testimony from the client and cross-examination of the defendants by Mr. Breer, Judge Vano found that the liquidated damages provision was enforceable and not void as a penalty provision. Judge Vano ruled that the defendants were liable in the amount of $500,000 in addition to the full amount of attorneys’ fees and costs in bringing the suit.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
