Slattery v. Estes Express Lines, Inc. et al.
Portage County, Ohio
$40.8 Million Dollar Recovery
47 year old Susan Slattery, wife of Ed Slattery, and mother of two minor children, Matthew, age 12, and Peter, age 15, died after an Estes Express Lines tractor pulling triple trailers collided with the Slattery vehicle in a construction zone on the Ohio Turnpike.
Matthew Slattery suffered a traumatic brain injury, and was taken by LifeFlight to Akron Childrens Hospital, and later transferred to Johns Hopkins and the Kennedy Krieger Institute.
Peter Slattery sustained multiple fractures, including a broken pelvis and facial fractures. He developed complications from the pelvic fracture and was aggressively treated with anti-coagulants to prevent a possibly fatal blood clot.
The parties engaged in extensive informal discovery through a voluntary exchange of documents and information, and participated in two mediations. The first mediation resulted in a partial, high-low agreement and, while the approval of that agreement was pending, a second mediation was held and the parties reached a final settlement of $40,800,000.00.
Confidential v. Confidential
Missouri
$24,242,813.65 Settlement
In 2009, our client was operating his vehicle in a construction zone in Missouri when he was struck by a tractor-trailer. The claims were against the trucking company, its driver, and the road construction company that set up the construction zone.
Zinsmaster et al v. Stanislaw Gil and Net Trucking, Inc.
$10,000,000 Judgment
On August 21, 2005, at approximately 4:55 p.m. on westbound Interstate 80/90, Stainislaw Gil drove a 70,000 pound semi-tractor trailer owned by NET Trucking, Inc. into a construction zone on the Indiana Toll Road in Elkhart County, Indiana. He exceeded the speed limit for the construction zone. He failed to keep a proper lookout and pay attention to the traffic ahead of him. His actions caused a chain reaction collision that involved 6 vehicles.
His semi-tractor trailer slammed into the rear of Beverly Zinsmaster's vehicle. Beverly's husband was a passenger in the vehicle. This collision caused the Zinsmasters' vehicle to hit the vehicle in front of it and then spin off the road into a metal light pole. This accident caused the death of Phillip Zinsmaster.
The attorneys at Dollar, Burns and Becker filed suit on this case in the circuit court of Cook County, Illinois. After a trial on the matter, the circuit court entered judgment on behalf of the plaintiffs in the amount of $10,000,000 dollars.
Kim Amano vs. ABC Trucking Company
Circuit Court of Jackson County, MO
$9.5 Million Recovery
Kim Amano brought an action against ABC Trucking Company and its driver after losing her only children in a violent rear-end collision. Laura Amano and her brother, Jeff, were stopped in a construction zone. The ABC truck driver ignored warning signs that traffic was down to one lane. The truck crashed into the Amano's car, landing squarely on top of the vehicle. The siblings survived the impact of the crash but died in the subsequent fire.
Anthony Leake, et al. vs. Gainey Transportation Services, Inc., et al.
Circuit Court of Jackson County, MO at Kansas City
$7.1 Million Recovery
18 year old Noah Leake, was killed when a truck driver for Gainey Transportation Services, Inc. drove too fast while traveling around a curve on an interstate highway. The fully loaded trailer overturned on top of Noah Leake's car, pinning him beneath the trailer. A fire erupted. Noah died of smoke inhalation. Noah's parents sued Gainey Transportation Services and its driver.
Mary Cuezze, et al. vs. A-1 Transport Company, et al.
Circuit Court of Jackson County, MO at Independence
$7 Million Recovery
42 year old Peter Cuezze was standing on the shoulder of the highway putting gasoline in his van when he was struck by a tractor-trailer owned by A-1 Transport Company. The truck driver traveled out of its traffic lane and onto the shoulder where Mr. Cuezze was standing. Mr. Cuezze was killed instantly. His wife, Mary and the couple's four children sued A-1 Transport for the wrongful death of Peter Cuezze.
Jeff Becker, et al. v. Oliver Mitchell and LTL Trucking Company
U.S. District Court South Carolina, Anderson Division
$7 Million Recovery
Daniel Becker, 19, and his mother, Pamela Becker, 42, were traveling southbound on Interstate 85, near the South Carolina/Georgia state line. A tractor pulling double trailers operated by Oliver Mitchell was traveling north on Interstate 85 when he lost control of the vehicle. The longer combination vehicle traveled across the median and through the cable barrier, where it struck the Becker vehicle. Daniel Becker was killed instantly, and Pamela was grievously injured. Pamela Becker died as a result of the injuries she received in this crash on Thanksgiving Day, November 23, 2006.
Michael & Deborah Munroe vs. Rapid Transportation, Inc.
Circuit Court of Jackson County, Missouri
$6.5 Million Recovery
Michael and Deborah Munroe were traveling westbound on a U.S. Highway in Lee's Summit, Missouri when an eastbound tractor-trailer driven by a student driver taking his commercial driver's license examination crossed the median and collided with the Munroe vehicle. Michael and Deborah were both injured. Deborah's injuries were life threatening. The Munroes sued Rapid Transportation, who owned the tractor-trailer and operated the driver training school.
Laura Hall, et al. v. W.W. Transport, Inc., et al.
U.S. District Court in the Eastern District of Missouri
$5 Million Recovery
58 year old Danny Hall was traveling westbound on U.S. 36 in Macon County, Missouri, carrying a load of puppies for the canine breeding and brokerage business he and his wife owned and operated. Mr. Hall was slowed in traffic congestion. The W.W. Transport driver failed to reduce his speed as the conditions demanded and the semi-tractor violently struck the rear of Mr. Hall's 2001 Ford Van, pushing it into a bridge railing, where it overturned. The fuel lines servicing the generator were breached in the impact, and the vehicle caught fire, trapping Danny inside. A medical examiner later determined the cause of death was as a result of the fire.
Tony and Kim Jackson vs. H & L Transport Services
Iona, Kansas
$4 Million Recovery
Tony Jackson was driving a tractor trailer northbound on a two lane highway in rural Kansas. The driver for H & L Transport Services, heading southbound, rear-ended a vehicle that was stopped to make a left hand turn. The H & L truck then crossed into the northbound lane and collided head-on with Tony Jackson's truck. Both tractors burst into flames and Tony Jackson's truck ran into a ditch where it struck a gas line, which exploded. Mr. Jackson suffered severe burns. His injuries resulted in a lengthy hospitalization, numerous skin graft surgeries and a long rehabilitation. The case was settled prior to filing a suit.
Michael Hawkins vs. Haas Carriage, Inc., et al.
U.S. District Court, Western District of North Carolina
$3.375 Million Recovery
Michael Hawkins sued Haas Carriage, Inc. and its driver after he was severely injured in a crash with a tractor trailer. Mr. Hawkins was stopped in traffic on an interstate highway near Asheville, North Carolina. The Haas Carriage driver collided with the rear end of the Hawkins vehicle. The force of the collision propelled Hawkins' vehicle, causing it to collide with other vehicle, crushing Hawkins inside his vehicle. Michael suffered multiple significant traumatic injuries requiring extensive hospitalization, multiple surgeries and a long rehabilitation.
Coffman, et al. v. O & S Trucking, Inc., et al.
Circuit Court of Jackson County, Missouri at Kansas City
$3 Million Recovery
28 year old Justin Coffman, husband and father of two minor children died after a tractor-trailer crossed the median of highway K-10 in Johnson County, Kansas and struck his Toyota Camry. Defendant driver claimed he reached down to retrieve a dropped cup of coffee.
Christian, et al. v. Collins & Hermann, Symmetry Landscaping, et al.
St. Louis County Circuit Court
$2.6 Million Recovery
Lemonte Christian, 39, was killed when the fuel tanker truck he was driving flipped after being struck by a Collins & Hermann truck in the backup of traffic caused when a wheelbarrow fell off the back of a Symmetry Landscaping truck onto Interstate 270. Mr. Christian was survived by his beloved daughter and parents.
Joseph Ubbes, et al. vs. Topper Transportation, Inc.
District Court of Bell County, Texas
$2.4 Million Recovery
Joseph and Missy Ubbes were traveling on an interstate highway in central Texas. Police were redirecting traffic around an accident that occurred ahead on the roadway. The Ubbes pick-up truck slowed down to meet the speed of the traffic up ahead, but the driver of the Topper Transportation tractor-trailer did not slow down. The Topper truck crashed into the rear of the Ubbes vehicle, causing it to collide with another vehicle in front of the Ubbes pick-up. Missy Ubbes suffered severe injuries and died several days later. Missy's husband, Joseph, and her three surviving children sued the trucking company and its driver for the wrongful death of Missy Ubbes.
Steve Edwards vs. Werner Enterprises, Inc., et al.
Circuit Court of Cole County, Missouri
$2.4 Million Recovery
62 year old Doriss Edwards lost her life when her Jeep Cherokee was rear-ended by a driver-trainee employed by Werner Enterprises, Inc. The accident occurred at night. Mrs. Edwards was stopped in traffic, due to an accident five miles up ahead. The Werner driver failed to slow down or brake, crashing into Mrs. Edwards Jeep at a high speed. The impact caused a chain reaction collision involving three other vehicles. Steve Edwards sued Werner Enterprises and its driver.
Viveros versus Wolf and Wolf Family Farms
Lee County, Illinois
$1,725,000.00
On November 9, 2010, Miguel and Teresa Viveros had set off from their home in Dixon, Illinois and were on their bicycles heading on the 12 mile route to their church in Sterling, Illinois. The Viveroses were travelling westbound on Rock Island Road near the intersection of Apache Drive. Also travelling westbound behind the Viveroses on Rock Island Road was an oversize 3-wheeled fertilizer spreader. The driver of the spreader continued on westbound on the straight-away approaching Miguel and Teresa Viveros. At no time did he visualize them on the roadway due to the sun blinding him, therefore, failing to reduce his speed and avoid the imminent crash. As he passed Miguel and Teresa, the Terra-Gator he was operating struck them and the impact killed them. Dollar, Burns and Becker represented their heirs and recovered $1,725,000 for them.
Mother and Daughter v. NTJ Trucking Company and Driver
Circuit Court of Cass County, Missouri
$1,550,095.00 Recovery
A young mother was driving southbound U.S. Highway 71 with her 8 year-old daughter as a passenger in the back seat. Because of congestion, traffic was slowing and the mother had come to a complete stop on the highway. Defendant driver was also traveling southbound on US Highway 71 while driving a tractor-trailer. Defendant truck driver was traveling between 60-65 mph and violently crashed into the back of the plaintiffs' vehicle causing it to burst into flames. The mother lost consciousness and had to be pulled from the burning vehicle. The collision caused the trunk and backseat to be pushed up into the front seat, pinning the 8 year-old daughter's legs. The vehicle continued to burn and several firefighters arrived and bravely struggled to free the little girl before the interior became engulfed in flames.
Hartgrave vs. O & S Trucking, et al.
Circuit Court of Cedar County, Missouri
$1.1 Million Recovery
Bobbi Hartgrave, 45, was driving westbound on U.S. Highway in rural Missouri. A truck driver, heading eastbound, crashed head-on into Mrs. Hartgrave's vehicle. The collision caused a fire and Mrs. Hartgrave's death. Mrs. Hartgrave's three adult children sued the truck driver, the truck lessor, the truck owner and the company who dispatched the load.
Hausmann, et al. v. United Truck Lines, Inc.
Circuit Court of Jackson County, Missouri at Kansas City
$1 Million Recovery
Luke Hausmann a 23 year old missionary, died after the back wheels of a trailer broke free and crossed the median before striking the car which Luke was driving. Luke's three younger siblings, Anna, Ethan and Julia, were passengers who also suffered injuries. The trucking company was ultimately forced to surrender its DOT operating authority.
Confidential v. Confidential
Eastern District of Missouri
Defendant Agrees to Implement State of the Art Safety System
In early 2011, four family members passed away after being struck from behind by a tractor-trailer. Dollar, Burns and Becker investigated the collision, and wrongful death claims were pursued in federal court in St. Louis.
The truck company paid the limits of its insurance policy in addition to cash payments to be made over time. At the request of the surviving family, the truck company also agreed to make significant improvements to its safety program. In the agreement, the truck company agreed it will not hire any commercial drivers who have less than 3 years of CDL experience. The truck company also agreed it will individually review and disqualify for employment any commercial drivers who have been convicted of (1) driving with a suspended or revoked license, (2) driving without a valid CDL or (3) any alcohol related offense involving a vehicle. The truck company also agreed to purchase Log Checker software which will allow it to audit log records in real-time, utilize built-in regulatory content, develop a driver grading system, improve falsification identification, and perform extensive criminal background checks on all potential and existing drivers on county, state, and federal levels. In addition, the truck company agreed to hire a safety consultant to revamp its entire safety program and implement changes regarding vehicle maintenance, hours of service requirements, and safety meetings.
Ronald Keith Payne et al. vs. Affordable Homes Super Center, Inc. and Samuel L. Pinkley
Circuit Court of Mississippi County, Arkansas
Defendant Agrees to Implement State of the Art Safety System
On April 17, 2010, Melissa Payne and her daughters, Rachel and Alyson, were travelling east on Highway 18 near the Big Lake Bridge in Arkansas. At the same time, Samuel Pinkley was driving a tractor for his employer, Affordable Homes Super Center. He was travelling west on Highway 18. Samuel Pinkley failed to slow his vehicle as he approached a vehicle that was turning left. Pinkley locked his brakes, skid for a few hundred feet, slid sideways into the eastbound lane, and collided with Melissa Payne's vehicle. As a result of the collision, Melissa died and Rachel and Alyson endured severe injuries.
Affordable Homes paid the limits of its insurance policy, which was 1 million dollars. As part of the recovery of the case, Affordable Homes agreed to maintain complete driver qualification files. Affordable Homes also agreed to implement Smith System for all of its drivers operating under the Department of Transportation. Through its behind-the-wheel training course, Smith System focuses on collision prevention by helping drivers study and master techniques to see, think, and react to driving challenges. Today, more than 30,000 fleet drivers each year participate in Smith System.
Donald Jamison vs. Lloyd Elliott, M.D.
Circuit Court of Jackson County, Missouri
Recovery $950,000
Mr. Jamison, a 38 year old college professor, went to an oncologist for confirmation of a leukemia diagnosis. Tests confirmed the diagnosis and suggested that Mr. Jamison suffered from a rare form of the disease called APL. APL carries a high risk of fatal hemorrhage if untreated, but drug therapy can greatly reduce the risk. The doctor chose to perform bone marrow studies on an outpatient basis, sending the specimens to an out-of-state lab for analysis. Before the lab results were known, Jamison suffered a massive intracranial hemorrhage and died. Mr. Jamison's family sued the doctor, claiming that if Mr. Jamison had been hospitalized and put on drug therapy he would not have died.
Estate of Edwards vs. N & R of Platte City, Inc. d/b/a/ Hillview Nursing & Rehab and Health Systems, Inc.
Circuit Court of Buchanan County, Missouri
$791,876 Arbitration Award
Anna Edwards entered Hillview Nursing & Rehab after having fallen several times at home. Doctors had recommended that she recover at a nursing home. The nursing home staff was aware of her previous falls, evaluated her and recommend that a lap buddy be used whenever she was in a wheelchair. Her doctor agreed. Some time later a quality assurance nurse from Health Systems decided Mrs. Edwards did not need the lap buddy. Over the next 18 days Mrs. Edwards fell out of her wheelchair three times. After the last fall she was rushed to the hospital. She died five days after the last fall. The nursing home was cited for deficiencies by the state Department of Health. Anna Edwards' family sued the nursing home for the wrongful death of Mrs. Edwards.
Gibson vs. Appleton City Manor, et al.
Circuit Court of Henry County, Missouri
Verdict $785,000 (verdict included $200,000 award for punitive damages)
Cecil Eggers was 92 years old when she entered Appleton City Manor. At the time she entered the nursing home she could still walk. Within six months of her admission she became permanently bedridden. She was pushed out of her bed by another resident who suffered from senile dementia. Four days later nurses noticed that her leg was swollen. She was taken to the hospital where her leg was casted, and she returned to the nursing home thereafter. Eggers developed decubitus ulcers under the cast that became gangrenous. Her leg was amputated above the knee. Mrs. Eggers' daughter sued the nursing home for failure to adequately monitor Mrs. Eggers' leg and cast. The case was tried to a Henry County jury, resulting in the highest verdict in the county's history.
Lake-Wood vs. P & G Healthcare
Circuit Court of Jackson County, Missouri
$700,000 Recovery
Delmar Stone, age 85, was a resident of Hyde Park Nursing Home. While a certified nurses' assistant was turning him, his feet came into contact with an exposed radiator at the foot of his bed, causing severe burns. The burns became stage III decubitus ulcers. He was admitted to a hospital and thereafter transferred to a wound care center for over two months of wound treatment. Mr. Stone's guardian filed a lawsuit against the nursing home for failing to provide oversight and necessary medical care to Mr. Stone, failing to inform his doctor of a significant change in his condition and failing to have adequate policies and procedures in place.
Smith vs. Glen Haven Nursing Home
Circuit Court, Second Judicial Circuit, Franklin County, Illinois
$700,000 Recovery
Conan Smith, age 74, who suffered from mild dementia, was temporarily placed in an Illinois nursing home while his wife recovered from a hip fracture. Within 5 months after he entered the home, Mr. Smith could not walk. He lost 30 pounds in 30 days and developed Stage IV decubitus ulcers. The ulcers became infected and caused his death. Mr. Smith's wife brought an action against the nursing home, claiming that the facility failed to prevent and properly treat the ulcers and failed to monitor him for infection.
Boles vs. Plaza Manor Nursing Home
Circuit Court of Jackson County, MO
$535,000 Recovery
Geraldine Boles, age 81, fell while she was a patient at a Kansas City, Missouri hospital. She suffered a subdural hematoma and was hospitalized until her discharge to Plaza Manor Nursing Home. Five dates later Mrs. Boles fell and struck her head, causing a second and fatal subdural hematoma. She died the following day. Mrs. Boles' two sons brought a suit against the nursing home, claiming the nursing home failed to provide one-on-one monitoring as ordered by Mrs. Boles' doctor.
Rushly vs. Camden Health Center, et al.
Circuit Court of Cass County, Missouri
Recovery $425,000
The family of 86 year old Ruth Rushly sued the nursing home for negligence following Mrs. Rushly's fall from a bath-lift chair. Mrs. Rushly fell five feet to the ground and suffered a spiral fracture to her hip. She died one month later. The family claimed the nursing home was negligent in failing to follow the doctor's order to have two staff members assist in all of Mrs. Rushly's transfers.
Rachel Clayter vs. Saxton Woods Care Center
Circuit Court of Buchanan County, Missouri
$325,000 Recovery
Elderly Rachel Robinson became a resident of Saxton Woods Care Center. The nursing home's staff assessed Mrs. Robinson as a high risk for dehydration and infection, and instituted a care plan to address these risks. The nursing home staff failed to implement the care plan's approaches, and further failed to notify Mrs. Robinson's doctor of the change in her condition. By the time Mrs. Robinson was taken to the hospital she had developed a severe infection, leading to her death. Rachel Clayter, Robinson's daughter, sued the nursing home for the wrongful death of her mother.
Confidential settlement
Plaintiff vs. Nursing Home
A family has settled their wrongful death suit against a Missouri nursing home. Plaintiffs mother was admitted to the nursing home in order to receive assistance while her ribs healed due to a fall at her home and for monitoring of her anticoagulation (Coumadin) therapy.
Confidential settlement
Plaintiff vs. Nursing Home
A family has settled their wrongful death suit against a Missouri nursing home. The plaintiffs mother was admitted to the nursing home to receive assistance for weakness in her left side cause by a stroke and for monitoring of anticoagulation (Coumadin) therapy.
Confidential settlement
Plaintiff vs. Nursing Home
A woman has settled her wrongful death suit against the nursing home where her mother died. Plaintiffs mother was admitted as a patient at defendant nursing home in February of 2008. Soon after being admitted, Plaintiffs mother complained that she was having trouble breathing. After undergoing chest x-rays, Plaintiffs mother was prescribed Lasix to help with her breathing and the nursing home was advised to monitor her respiratory status.
Confidential settlement
Plaintiff vs. Nursing Home
A family has settled the wrongful death suit concerning their mother against a Missouri nursing home. Plaintiffs mother, while residing at the nursing home, sustained a traumatic blow to her head resulting in the Plaintiffs mother losing complete eyesight in both of her eyes. Plaintiff argued that the nursing home was negligent in allowing Plaintiffs mother to be struck in the head by one of the certified nurse aids at the nursing home. Defendants alleged that no such conduct occurred. The parties reached a confidential settlement on September 6, 2011.
William Henderson vs. Leader One Insurance Company
Circuit Court of Jackson County, Missouri
Recovery $7 Million
William Henderson, who owned a window washing company, sued his liability insurance carrier claiming that he was exposed to an excess judgment when the insurance company failed to settle an underlying wrongful death case. The underlying lawsuit resulted in a judgment of $7.25 million against Mr. Henderson. Mr. Henderson's bad faith lawsuit against his insurance company was settled for the amount of $7 million (with the consent of the plaintiffs from the underlying case). Mr. Henderson negotiated a recovery with the plaintiffs from the underlying case and obtained a release from the judgment.
Ricky, by and through his Next Friend vs. James Cassidy, D.D.S., et al.
District Court of Wyandotte County, Kansas
Recovery $6 Million
A 6 year old little boy saw James Cassidy, D.D.S. for a dental examination. Dr. Cassidy recommended a tooth extraction and other dental work be performed under general anesthesia. At some point during the surgical procedure, Ricky became unresponsive. Although several doctors and nurses were present in the operating room, and post anesthesia recovery room, none took immediate resuscitative efforts to assist Ricky. A doctor from the PACU unit arrived and determined that Ricky needed resuscitation, oxygen and urgent care. Ricky's heart had stopped, a Code Blue was called and CPR was initiated. Ricky's heart was started and he was intubated, but remained unresponsive. He was transferred to a local children's hospital where it was determined Ricky had sustained severe, permanent, debilitating brain damage and would require around-the-clock constant medical care for the remainder of his life. Ricky's parents sued the dentist, the hospital, the anesthesiologist and nurses who were attendant during the procedure for negligence in the quality of care that was delivered to Ricky.
Confidential et al v. Confidential
Circuit Court of Clay County, Missouri
5,000,000 Verdict
The attorneys at Dollar, Burns and Becker represented four minor children in a lawsuit against their day care provider. The plaintiffs alleged that they had attended the defendant's day care but the defendant had failed to supervise them. The plaintiffs alleged that, due to the defendant's failure to supervise them, they were abused by a third party. The attorneys at Dollar, Burns and Becker filed suit on this case in the circuit court of Clay County. After a trial on the matter, the circuit court entered judgment on behalf of the plaintiffs in the amount of $5,000,000 dollars.
Swenson vs. Elmwood Residential Care Center
Circuit Court of Boone County, Missouri
Recovery $1.4 Million
Mr. Swenson suffered from cerebral palsy, spastic quadriplegia and a seizure disorder, requiring 24 hour care. He was placed in a bathtub of scalding water and left unattended. Due to his disabilities, he was unable to get out of the tub or scream for help. He suffered burns over 26 percent of his body. He required a lengthy hospitalization, skin graft surgery and rehabilitation and outpatient care after his discharge. The plaintiff claimed the facility had not properly trained its staff and waited too long before seeking proper medical treatment for his injuries.
Quinlock Shobe vs. Roxanne Kelly and Allstate Insurance Company
Circuit Court of Jackson County, Missouri
Verdict $1 Million
Quinlock Shobe sued her automobile liability insurance carrier, Allstate Insurance for bad faith insurance practices. Shobe was involved in an automobile accident resulting in injuries to three persons. At the time of the accident Shobe was driving a vehicle she did not own. The injured parties filed suit against Ms. Shobe. The plaintiffs offered Ms. Shobe and Allstate the opportunity to settle the case for the policy limits of $50,000. Allstate refused to settle or to provide a defense to the lawsuit. The plaintiffs were awarded a Judgment in the amount of $138,839.25 against Ms. Shobe. Ms. Shobe filed a lawsuit against Allstate and its adjuster for its failure to settle the underlying case or to provide her with a defense. The case was tried to a jury resulting in a verdict in favor of Ms. Shobe and against Allstate Insurance and Roxanne Kelly.
Plaintiff versus Insurance Companies
$250,000 settlement
We represented an elderly woman who was injured in a vehicle collision near Highway 7 in Clinton, Missouri. At the time of the accident, our client was a passenger in her vehicle. When her driver slowed down, the vehicle behind them rear-ended them. Due to the collision, our client suffered severe fractures and pain throughout her entire body. Although that vehicle driver had only $25,000 in coverage, we were able to recover $250,000 for our client by making claims against her multiple underinsured motorist policies.
