PERSONAL INJURY
A significant part of our practice is devoted to representing clients who have been personally injured in various types of accidents. We also handle worker compensation claims. Below is listed a sample of various cases we have handled.
Vehicle Accidents:
Truck rollover accident.
We represented the family of a man who died as a result of a pickup truck rollover accident and reached a confidential settlement. As he was driving on a Missouri highway he left the road and rolled over. The rollover caused the roof to collapse and that collapse broke his neck. He unfortunately later died from complications related to the accident. The defense argued that he caused the rollover and further argued that the roof crush did not cause the injury but that the injury was caused by his head hitting the roof before the roof collapsed. We overcome many of these defenses through the use of expert witnesses and accident reconstruction and reached a significant confidential settlement.
Truck -Train Wreck
Our client was a passenger in a friends truck. The driver of the truck failed to keep a careful lookout and turned directly in front of a train. The train hit the truck just behind the cab and caused the cab and truck bed to separate. Our client was injured and we filed suit against the truck driver. We were able to present evidence that the truck driver failed to exercise due care and keep a careful lookout. The case settled against defendant shortly before trial.
Bike/Car Wreck
Our client was riding his bike at 59th and Ward Parkway. He was traveling in the right lane and entered a controlled intersection. A car coming the opposite direction turned left in front of our client causing serious personal injuries for which we settled for policy limits. The case was settled for $102,000.00.
Wrongful death and survival - car accident.
An elderly man was a passenger who was injured and later died as a result of injuries suffered in a car accident There were three vehicles involved in the accident and we sued the drivers of two cars. There were multiple insurance companies involved including the insurance company that represented the driver of the car our client was a passenger in. Our firm represented his family in a wrongful death claim. We were able to obtain a settlement for our clients in the amount of $300.000
Falling Lumber
Our client was shopping at a large chain hardware and lumber store. He picked up a large piece of 6" lumber and another piece of lumber that was stuck to the piece he picked up came loose and fell on our client's foot causing a foot injury and resulted in medical expenses, loss of work and income and pain and suffering. We entered into a confidential settlement with Defendant and its insurance company.
Worker Compensation claims
Our Client passed away due to a work related injury. The worker compensation insurance company denied coverage based on drug use. We proved that drug use was not the proximate cause of the accident and the resulting recovery for medical and compensation exceeded $1,000,000.
CIVIL LITIGATION
We also handle all types of cases brought by clients for claims under their insurance policies or against a party for breach of contract.. Below is listed a sample of various cases we have handled.
Breach of disability insurance policy
Our client worked for a large Kansas City employer for many years and toward the end of his employment he became disabled. Even though he paid in every month for his disability policy, the insurance company denied coverage for a legitimate claim. We filed suit and ended up working out a settlement for our client.
Breach of health insurance policy
Our client was denied coverage under her health insurance policy because the insurance company claimed she had a pre-existing condition. We filed suit and claimed breach of her insurance policy. We settled for $90,000.
BUSINESS LITIGATION
Landlord/tenant - Property damage and waste claim.
Our client was the owner of real estate that was the former Tarkio College. Our client entered into a lease agreement with a subsidiary of a large national corporation that operated residential and educational facilities for troubled youth. The parties entered into a 10 year lease. At the end of the lease our client claimed property damages and consequential damages as a result of the manner by which the tenant left the property. We claimed breach of lease agreements and waste. A significant issue was that the corporate veil of the subsidiary had to be pierced in order to get to an entity that had sufficient funds to pay the damages. Various economic and property damage experts were needed to present our case. The case settled about 1 month before trial in the amount of $4,400,000.
Vendor Sales Contract
We represented a Taiwan based manufacturing firm in a case that involved a breach of contract and a breach of joint venture agreement with a local United States vendor. The case was settled for an amount in excess of $100,000.
Real estate fraud
Our client was defrauded in a real estate investment that involved approximately 10 houses. There were a host of questionable appraisals and excess mortgage costs. The mortgages were sold off to unsuspecting banks. We were able to get our client out of the questionable mortgages as well as recover and additional $40,000 of stolen funds from an innocent 3rd party.
Business Insurance Claim - breach of fire insurance policy
We represented a client that owned a retail building. A fire at the building caused substantial damage and the insurance company refused to pay due to an alleged failure of our clients fire alarm system. We proved that the fire alarm system was not defective and obtained a multi-million dollar confidential settlement.
Business Insurance Claim - breach of fire insurance policy
We represented a client that owned a restaurant and convenience store. A fire at the building caused substantial damage and the insurance company refused to pay without citing any reason for a denial of coverage. During the entire case the insurance company refused to cite a reason to deny coverage. We obtained a settlement in excess of $60,000.
Bank Related Claims
We represent client in many claims with respect to their relationships with banks:
- Improper closing of real estate transactions: Payment of real estate proceeds prior to filing deeds and loan documents.
- Improper filing of mortgages and deeds of trust without authority given by borrower.
- Failure to follow foreclosure procedures mandated by state law.
- Breach of loan documents - improperly declaration of notices of default
DEFENSE LITIGATION
Though we provide Plaintiff's representation, a significant part of our practice includes representing defendants. We have successfully represented defendants in the following types of cases:
- Employment discrimination cases - sex, race and age discrimination
- Breach of employment agreements and employment contracts
- Landlord/Tenant litigation - eviction
- Franchise Litigation
- All types of litigation within a bankruptcy case.
- Foreclosures of real estate both commercial and residential.
