A wife and son brought a wrongful death claim against an truck driver and his brokerage company as a result of a collision on I-44 in Missouri. The case settled after extensive discovery during a confi...dential mediation.
Personal injury
In Re: Injured Football Player 4.5 Million Dollar Settlement
Sep 01, 2015
OUTCOME: Settlment
A college football player was paralyzed as a result of the negligence. The player was asked to engage in activities without safety equipment. The player brought a claim against the coaches, trainers, ...school and league. The matter was resolved for $4.5 million dollars.
Insurance
Bad Faith Failure to Settle $6.2 Million
Nov 04, 2014
OUTCOME: Settlement
A business owner was sued by an employee who injured on the job. The employee was injured as a result of the failure of a piece of equipment that had been modified by the employer. The modification was... sued with a front loader and the front loader manufacturer specifically warned against such a use of the machine. As a result of the injury the employee suffered a brain injury, and other serious injuries. The employee sued the employer but the employer's insurer refused to defend or settle the case. A judgment was entered against the employer. Suit was brought against the insurer for its failure to settle and breach of it duties to its insured. After extensive discovery the insurer settled the case and resolved the judgment against its insured in full.
Brain injury
Carolyn Gibbs v. Daylight Corporation, et al
Apr 30, 2001
OUTCOME: Verdict of $4 million plus court costs
Plaintiff Elaine Gibbs suffered severe physical injuries and a traumatic brain injury when her vehicle was struck by a tractor trailer driven by an employee of Daylight Corporation. Suit was filed agai...nst the company and the driver alleging carelessness and recklessness on the part of the driver in failing to obey the rules of the road, and failing to keep his tractor trailer under proper control and failing to keep a careful lookout. As a result of injuries, Ms. Gibbs was hospitalized and ultimately was unable to return to work and required continuing care.
Personal injury
Hutchings v. Federal Express
N/A
OUTCOME: Confidential Seven figure settlement
FED EX’S Pleadings stricken, case settles days before trial
Craig Hutchings, of Moberly, Missouri, was turning into a car sales lot when his vehicle was struck in the rear by a Fed Ex truck being op...erated by Stephanie Stark. The car was completely demolished. Mr. Hutchings was diagnosed with a broken collar bone, broken ribs and soft tissue injuries to the neck and back. He was also diagnosed with a traumatic brain injury.
Mr. Hutchings’ employer, who owned the Moberly printing company, stated that prior to his injury, he had been a “dream” employee; that he was diligent; that he was committed to his job and paid attention to detail. He encouraged team work and was an otherwise ideal employee.
After the accident, the employer said that Mr. Hutchings’ performance was almost completely the opposite. He said that Mr. Hutchings tried to do the job, but simply could not handle it. He was then demoted to an $8.00 an hour production line job.
Several evaluations from neurologists and neurospsychologists confirmed the traumatic brain injury and concurred with the neuropsychological testing that was done indicating traumatic brain injury. Their findings also confirmed that Mr. Hutchings could juggle a myriad of details at one time and coordinate individual work orders and processes and employee work schedules under the pressure of time deadlines before the collision, but he was totally unable afterward.
An economist did a report which placed the economic loss at $2,000,000.00, based on reduced earnings capacity, loss of household work services and future medical care.
The matter was set for trial in the Circuit Court of Boone County. Shortly before trial, Tatlow, Gump, Faiella, Wheelan, attorneys for plaintiff, filed a Motion to Compel defendants to answer second interrogatories and motions to produce. The court ordered the defendant to comply and when they did not, struck the pleadings of Fed Ex. Fed Ex then changed defense firms and asked for a continuance. They further asked that they be permitted to file an amended answer and that the order striking the pleadings be rescinded. The motions were all set for hearing on the Friday before the trial was scheduled to begin. Two days before the motion was to be argued, the matter was settled subject to a confidentiality agreement.
Trucking accident
In Re: Dump Truck Company Case
N/A
OUTCOME: $3.2 Million
Plaintiffs brought claims arising out of a collision between a passenger vehicle and a garbage truck which occurred at an intersection. The dump truck was driven by an employee of the garbage company, ...and crashed into the passenger vehicle which had violated a red light and turned in front of the garbage truck. Plaintiffs’ investigation into the accident indicated that at the time of the collision the brakes of the garbage truck were faulty as a result of failure to do proper maintenance by the garbage truck company. Reconstruction of the accident site along with testing indicated that had the brakes been working properly the driver could have slowed the vehicle such that the accident would not have occurred. Plaintiffs’ brought suit for the injuries to the driver and two passengers. The driver and one passenger suffered multi-system trauma and brain injuries and one passenger was killed. All the passengers were seniors in high school who had just graduated and were coming from post graduation celebrations.