Trucking Case
Settlement for full value of insurance policy after Missouri Supreme Court arguments
In June 2015, Plaintiff was driving a tractor trailer westbound on I-44 in Missouri when the defendant lost control of his eastbound vehicle, crossed the grassy median, entered the westbound lanes, and caused a head-on collision with the plaintiff. After the collision, plaintiff exited his tractor trailer and ran to the other vehicle to check on the occupants. He saw defendant and his wife were badly injured. He also saw the body of their two-year old daughter who was killed in the collision. He stayed at the side of their vehicle until the police arrived. Plaintiff sued defendant for his minor injuries and post- traumatic stress disorder. The trial court granted summary judgment in favor of defendant on the basis that Plaintiffs failed to present facts that would entitle them to recover damages for Plaintiff’s emotional distress as a bystander. However, the Missouri Supreme Court decided that because Plaintiff was a direct victim of the collision and not a bystander, the judgment of the trial court was reversed and remanded.
Car accident – serious knee injury
Franklin County – Settlement: $150,000
Plaintiff and two of her minor children were involved in a vehicle collision with the Defendant when he failed to yield to Plaintiff and turned left in front of her. Plaintiff suffered a serious injuries to her right knee and low back.
Amusement park ride – facial injury
Indiana – Settlement: $125,000
Plaintiff, a minor, was injured while riding the Scrambler at a local fair. He suffered disfiguring injuries to his face when a piece of the ride disconnected and struck him on the right side of his head. He will live with facial scars for the rest of his life.
Sexual harassment
Franklin County – Settlement: $100,000
Plaintiff was a patient and employee of the Doctor. He began treating her outside of the office at a nearby restaurant. While still treating Plaintiff, the doctor hired Plaintiff to work in his office. Throughout her employment, the doctor inappropriately touched her and made inappropriate sexual comments to her at work. When Plaintiff refused to go with him to an amusement park, he terminated her employment.
Professional malpractice
Virginia – Settlement in excess of $400,000, negotiated while waiting on the verdict.
In 2008, Plaintiff completed two applications for insurance and submitted them to defendant, his financial and insurance advisor since 2001. One application was for disability insurance and the other for life insurance. Plaintiff submitted the premium payment and Defendant accepted payment. The premium payment was never returned. Plaintiff underwent a physical as part of the application process. Plaintiff received confirmation that the life insurance was in place. He inquired as to the status of the disability policy and was told that defendant was working on it. Over the next 16 months Plaintiff inquired about the status of the disability policy and was told that everything was fine and he was still working on it. In 2009 Plaintiff was involved in a rear-end collision and was severely injured. His injuries prevented him from working. His treating physicians determined that he was permanently disabled and unable to work as a result of the injuries from the collision. Plaintiff sued his insurance agent for malpractice because the agent failed to place the disability policy that would have covered Plaintiff during this time.
Employment case – retaliation
Multiple plaintiffs, settlements totaling $200,000
Plaintiffs were employed procedure technologists assisting. Their boss, a doctor, berated and belittled Plaintiffs, refused to explain what he wanted them to do, and often walked away from patients or cancelled surgeries because, as he claimed, his female staff were incompetent. After Plaintiffs filed complaints with the Ohio Civil Rights Commission, they were terminated.
Medical Malpractice – Wrongful Death
Maryland – Settlement: $175,000
In April 2010, the decedent feel ill and sought treatment. Decedent was diagnosed with a bacterial infection, likely caused by a dog bite he suffered six months prior. Decedent was treated with antibiotics. The next day decedent had trouble breathing and swallowing and sought treatment at a local ER. He was admitted to the hospital and was diagnosed with epiglottitis. A few days later he underwent surgery to drain his epiglottis. The ear nose and throat doctor diagnosed decedent with an infection called capnocytophaga and referred decedent to an infectious disease physician for follow-up treatment. Sixteen days after surgery, the defendant doctor saw the decedent and told decedent that he did not need any more antibiotics because he did not require any additional or prolonged antibiotic therapy. The doctor told him to stop taking the antibiotics he was already taking. Five days later decedent was traveling when his legs became numb. He was taken to a local ER and eventually underwent surgery during which doctors discovered that he had clotting in his lungs, kidneys and heart. Decedent suffered organ failure and passed away the next day. His family sued the infectious disease doctor for failure to properly treat him with antibiotics.
Business litigation
Washington County – Settlement: $150,000
Defendant contacted Plaintiff with an investment proposal. Defendant provided information on the financial status of the company, prospects for future opportunities and an investment opportunity for investors promising a high rate of return and quick repayment of principal. In exchange, Defendant promised a minimum rate of return of 29% as well as full repayment of the principal within three years. Plaintiff invested substantial funds with the expectation that he would be repaid within three years plus a rate of return of 29% based on defendants’ representations. Unbeknownst to Plaintiff, his funds were not used for the upgrade of equipment, but were used to pay off existing debts. Plaintiff demanded his funds be returned. Plaintiff settled for $150,000.
Non-compete litigation
Fairfield County
Defendant (our client) was sued by her former employer for breach of a non-compete agreement. The non-compete agreement precluded Defendant from selling insurance within a fifty (50) mile radius of Plaintiff’s agency for one (1) year. Plaintiff learned that Defendant was going to terminate her employment with Plaintiff to take a job with a competitor. Defendant did get a job with a competitor but it was as an administrative assistant/customer service representative, not an insurance agent. After the hearing, the court denied the Plaintiff’s request for a preliminary injunction because the Defendant’s new position was not selling insurance. The court modified the non-compete agreement to terms more favorable to Defendant as well.
Motorcycle/car collision – serious injuries to plaintiff
Pike County – Settlement total: $95,000
Plaintiff was the passenger in a vehicle which was attempting to turn left onto US Route 23 in Pike County. As the driver was attempting his turn, the van he was driving was struck by two motorcyclists who were traveling at speeds of up to 130mph. The motorcyclists struck the front end of the van. As a result of the collision, Plaintiff sustained severe injuries to her face, skull, left shoulder and right elbow. At the time of this collision the Plaintiff lived with her daughter, who had an automobile insurance policy with American Family.
Sexual harassment – retaliation
Franklin County – Settlement total: $41,000
Plaintiffs (one female, one male) both worked for Defendant. On her fourth day of employment, Plaintiff Jane Doe’s supervisor made a rude, sexual comment about her to co-Plaintiff and expressed his desire to have a sexual relationship with her. The next day, the male Plaintiff reported the supervisor’s inappropriate conduct to another supervisor. From that time on, the supervisor began texting Plaintiff daily. He made it clear in his texts that he wanted a romantic and sexual relationship with Plaintiff. A couple of weeks later, the supervisor made another derogatory sexual mark about Plaintiff to the male Plaintiff. When Plaintiffs complained, they were terminated in retaliation for speaking out about the supervisor’s inappropriate behavior.
Car accident – severe ankle injuries
Franklin County – Settlement: $150,000
Plaintiff, age 86, was the passenger of a medical transport van which was in bumper to bumper traffic on I-70 west when it struck the rear end of the car in front of it. Plaintiff’s seatbelt failed to restrain her, causing her to fall out of her seat. This resulted in a severe fracture to her ankle. Plaintiff endured surgery on her ankle, a long stay in a nursing home and several months of home healthcare and therapy.
Motorcycle collision
Federal Court– Settlement: $1,003,000.00
Decedent was driving to work on his motorcycle when a truck driver ran a stop sign and pulled out in front of him. Decedent was survived by a minor daughter, his parents and siblings.
Wage and Hour Violations
Franklin County – Multiple Plaintiffs, Settlements: total $39,000
Plaintiffs worked for Defendant for several years; they were required to work through their lunch time in violation of wage and hour laws.