Mr. Maguire has been practicing at Brown & James for over 22 years. During that time he has tried over 100 jury cases to conclusion defending insurance carriers, corporations, partnerships, and individuals in actions concerning wrongful death, arson and fraud, product liability, insurance coverage disputes, uninsured and underinsured motorist claims, auto litigation and premises liability claims.
Bar Admissions:
Missouri
Illinois
United States District Court for the Eastern District of Missouri
United States District Court for the Western District of Missouri
United States District Court for the Southern District of Illinois
United States Court of Appeals for the Eight Circuit
Professional Associations:
Missouri Organization of Defense Lawyers
Community Activities:
Pierre Laclede Honors College Leadership Council, University of Missouri-St. Louis
Instructor, Jefferson County Arson Task Force
Instructor, IAAI Pilot Courtroom Testimony Program
Written Publications:
Author, "Tortious Wrongful Discharge vs. Employment At Will," St. Louis Bar Journal (1989)
Author, "Arson, Fraud And First Party Insurance, A Guide To Property Insurance Law and Procedures in Missouri And Illinois," published 1994 (2nd edition 2001)
Awards & Recognition:
2009, 2010 - Recognized as Super Lawyer by Missouri & Kansas Super Lawyers Magazine
Awarded "No. 1" Defense Verdict in State of Missouri for the Year 2001 by Missouri Lawyer's Weekly.
Published Opinions:
Litty v. Bliss, 238 S.W.3d 730 (Mo.App. E.D., 2007)
Parker v. South Broadway Athletic Club, 230 S.W.3d 642 (Mo.App. E.D., 2007)
Trainwreck West Inc. v. Burlington Ins. Co, .235 S.W.3d 33 (Mo.App. E.D., 2007)
State ex rel. Pooker ex rel. Pooker v. Kramer, 216 S.W.3d 670 (Mo., 2007)
Schaffer v. Safeco Ins. Co. of America, 2007 WL 29671 (E.D.Mo., 2007)
Schaffer v. Safeco Ins. Co. of America, 2006 WL 1313992 (E.D.Mo., 2006)
Lindsay v. Safeco Ins. Co. of America, 447 F.3d 615 (C.A.8 (Mo.), 2006)
Global Rug Corp. v. Fidelity and Guar. Ins. Underwriters, Inc., 182 S.W.3d 714 (Mo.App. E.D., 2006)
Safeco Ins. Co. of America v. McBride, 175 S.W.3d 696 (Mo.App. E.D., 2005)
Godefroid v. Kiesel Co., 2003 WL 22399710 (Mo.App. E.D., 2003)
One Suzie-Q Corp. v. Secura Ins. Co., 198 F.Supp.2d 1105 (E.D.Mo., 2002)
Buatte v. Schnuck Markets, Inc., 98 S.W.3d 569 (Mo.App. E.D., 2002)
H.D. ex rel. I.M. v. Sherwood Forest Camp, Inc., 87 S.W.3d 889 (Mo.App. E.D., 2002)
Kesnar v. Schnuck Markets, Inc., 34 S.W.3d 240 (Mo.App. E.D., 2000)
Priesmeyer v. Shelter Mut. Ins. Co., 995 S.W.2d 41 (Mo.App. W.D., 1999)
Brown v. Schnuck Markets, Inc., 973 S.W.2d 530 (Mo.App. E.D., 1998)
Detter v. Schnuck Markets, Inc., 974 S.W.2d 605 (Mo.App. E.D., 1998)
Kastendieck v. Millers Mut. Ins. Co. of Alton, Ill., 946 S.W.2d 35(Mo.App. W.D., 1997)
Transamerica Ins. Co. v. Pennsylvania Nat. Ins. Companies, 908 S.W.2d 173 (Mo.App. E.D., 1995)
Uhle v. Sachs Elec., 831 S.W.2d 774 ( Mo. App. E..D., 1992)
Transamerica Ins. Co. v. Carter County State Bank, 794 F.Supp. 324 (E.D.Mo., 1992)
Favorable Recent Trials:
Tim and Nancy McBride v. Safeco Insurance Company of America, Cause No. 02CC-01343, Circuit Court of Saint Louis County, John F. Kintz presiding. Insureds sued for breach of contract after fire destroyed home and contents. $300,000 in damages claimed plus vexatious refusal damages and attorneys fees. Carrier raised arson defense. Defense verdict for Safeco on July 29, 2004.
Charley and Carolyn Benthal v. Safeco Insurance Company of America, Cause No: 4:03CV01377, U.S.D.C. (E.D. Mo.), Judge Donald Stohr. Action on fire insurance policy. Defenses of arson and intentional misrepresentation raised. Defense verdict for Safeco on December 9, 2004.
Edwards v. Impey, Cause No. 02CC 003747, Circuit Court Saint Louis County, Judge David Vincent presiding. Rear end auto accident with $60,000 in medical specials with a C5-6 neck fusion and damage to long thoracic nerve claimed. Plaintiff treated continuously from the date of the accident in 1999 through the date of trial. Last demand was $125,000 and last offer was $25,000. Verdict for plaintiff on February 9, 2005 for $1,772.00, which was sum of the bills for the initial ER visit and a month of chiropractic treatment.
Jack Stufflebeam v. The Dial Corporation, Cause No. 012-8748, Circuit Court of the City of Saint Louis, Judge Evelyn Baker presiding. Plaintiff truck driver claimed he was injured when a dock plate at defendant’s warehouse sprang up unexpectedly due to an alleged failure to maintain. Plaintiff had a back fusion at L3-4, had $63,000 in medical bills, claimed he had $488,000 in lost wages and claimed he would never drive again. Demand was $1.1 million. The last offer was $200,000. Verdict was $75,000 which was reduced to $0 after set-off of previous settlement amounts from other defendants.
John J. Gieselman v. 1635 Washington, LLC, Cause No. 032-01566, Circuit Court of the City of Saint Louis, , Judge Mark Neill presiding. Defendant’s employees were using a cutting torch and it was claimed they started a fire which resulted in partial and full thickness burns to plaintiff’s hand and both legs, approximately 10% of the body surface being burned. Plaintiff was off work for nine weeks and had wage loss of $9,000.00. The burns were treated from August 2002 to March 2003, with $6,000.00 in specials. Last demand was $100,000. Last offer was $25,000. Defense verdict on
May 18, 2005.
W.C. Parker and Martha Parker v. The South Broadway Athletic Club and Robert Harris, Cause No. 022-11144, Circuit Court of the City of Saint Louis, Judge Evelyn Baker presiding. Wrongful Death Action. 28 year old African-American male sustained a sub-dural hemotoma, resulting in brain swelling and death, while practicing and learning how to be a professional wrestling. He was being shown a move called the Power Bomb, which he did perfectly, although at its completion he had seizures and ended up on life support which was later discontinued. His funeral expenses were $4,500.00, his medical bills were $130,000.00. Theories of recovery were negligent supervision, and failure to have decedent checked by a doctor before starting the training regime, and allowing decedent to return to the ring after a concussion without a doctor’s release. There were also theories of premises liability due to a defective ring. Defendant’s verdict on January 13, 2006.
Gretchen Porro v. City Musuem I, L.L.C., Cause No. 042-00894, Circuit Court of the City of Saint Louis, Judge David Mason presiding. 21 year old female college student had two fingers (4 & 5) traumatically amputated, with a third finger (long finger) crushed by defendant’s “puking pig” exhibit. Plaintiff alleged failure to warn of the danger and failure to guard. $300,000 in past and future medical expenses. Plaintiff was an acting student and alleged lost opportunity in the theatre, pain and suffering, and inability to ever wear a wedding ring. Plaintiff will needed future surgery to replace one knuckle and has developed traumatic arthritis in the long finger. Plaintiff ‘s total damages found to be $500,000, and allocations of fault were 80% plaintiff, and 20% defendant for a net judgment of $100,000 entered on March 30, 2006.
Teresa Chew, Robert Chew III, Rachel Chew, and Melinda Sanders v. F&C Trucking, L.L.C., Cause No. 103CC2543, Circuit Court Greene County, Judge Miles Sweeney presiding. Action for wrongful death after defendant’s 821C Front Loader, with an inoperative backup alarm, backed up and crushed/killed plaintiffs’ decedent, 45 year old Robert Chew, Jr. Plaintiffs’ proved $614,000 in future wage loss. Judgment was entered on August 30, 2006 against F&C for $220,000. Last demand was policy limits of $1,000,000.00. The last offer was $300,000.00.
Ronald and Sharon Litty v. Paulette Bliss, Cause No. 052-00729, Division 20, Circuit Court of the City of Saint Louis, Judge Donald McCullum presiding. Defendant fell asleep while driving and collided with plaintiff Ronald Litty head-on at 30 miles per hour. Defendant was initially diagnosed with 4 compression fractures at T-1, L1, L-2 and L-3, and a herniated disc at L4-5. As a claimed result Plaintiff had an anterior and posterior fusion at L3 through S-1, and a later revision surgery at L5-S-1. Plaintiff was 49 years old and making $60,000 at the time of the accident. He was later found to be totally disabled from his job as a construction foreman. His medical bills were $270,000.00 and his lost wage claim was $754,000.00. Last demand was 1.5 million. Last offer was $160,000.00. Plaintiff’s sought $2,750,000.00 at trial. Jury verdict on October 6, 2006 for $20,000 for Ronald Litty, and $0 for wife on consortium claim.
Bonita Edwards v. Frank Nowicke, Cause No: 07AB-CC00243, Circuit Court of Franklin County, Missouri, Judge Cynthia Eckelkamp presiding. Rear end auto accident. Soft tissue injury with $16,000 in specials, and $1,000.00 in property damage. Jury verdict for plaintiff returned on March 16, 2009, for $1,925.00.
Neil Capps v. Theresa Black and Brenda Holst, Moniteau County Circuit Court, Missouri
The passenger of a cross over accident sued the host driver and insured.
The plaintiff claimed he suffered a herniated cervical disc and
radiculophy requiring future surgery. In pre-trial discovery it was
discovered that the plaintiff’s memory was incorrect and that the driver
had crossed the center line, not the defendant Host, Brown & James’
client. The defense also presented expert testimony that the
plaintiff’s medical conditions were pre-existing and the jury awarded
Holst the defense verdict. July 25, 2010
