trial results
Amica Mutual Insurance Company v. Gary and Elysia Willard. United States District Court for the Eastern District of Missouri. Amica sought a declaratory judgment that there was no coverage under its homeowners insurance policy arising out of a fire loss because the insureds, Gary and Elysia Willard, intentionally destroyed the house, misrepresented and concealed material facts, engaged in fraudulent conduct, made false statements, and failed to comply with the policy conditions. The insureds counterclaimed for breach of contract and vexatious refusal to pay. After a five day trial, the jury returned a unanimous verdict on all 11 counts in favor of Amica. Tried by Robert W. Cockerham and Christopher J. Seibold.
Jane Doe v. V. Leroy Young, M.D., et al. United States District Court, Eastern District of Illinois. Plaintiff claimed that doctors provided photos of her torso – without her permission – to accompany a 2006 Riverfront Times newspaper article about cosmetic surgery. Doe, who had surgery to remove excess skin caused by major weight loss, claimed she never gave permission for the use of the photos. Lawyers for plaintiff sought $2.5 million to $3 million for compensatory damages before trial. Prior to trial, defendant's last offer to settle was $300,000. Plaintiff's last demand prior to trial was $1 million. Jurors found that the defendant doctors did not violate Doe's privacy, and awarded plaintiff $100,000. Tried by David Bub and Paul Schulte.
Hirner v. Daydreamers, Inc. d/b/a Third Down Bar. Ralls County, Missouri. Dram shop liability action. Plaintiff and two male friends were patrons of the Third Down Bar in Quincy, Illinois on June 5, 2004. They left the bar around 2:00 a.m. on June 6, drove into Missouri and were involved in a single vehicle accident. Plaintiff was a back seat passenger and was ejected from the vehicle, suffering a hangman's fracture at C2-C3, thoracic fractures that required rods and screws, a punctured lung, fractured ribs and an alleged traumatic brain injury. Plaintiff claimed the bar over-served her companion-driver and had a pattern and habit of over-serving its patrons. Defendants denied these allegations. The parties presented conflicting testimony from former bar employees and patrons as to whether the driver was visibly intoxicated, pursuant to RSMo. 537.053, when he left the bar that evening. Plaintiff's experts included a toxicologist, orthopedic surgeon, psychologist, vascular surgeons and two internists. Defendant called no experts. After a four-day trial in the Circuit Court of Ralls County (Judge Robert Clayton), the jury returned a unanimous verdict in favor of Defendant. Tried by Joseph R. Swift and Carolyn J. Geoghegan.
Eagle Star Group, Inc. v. Berkowitz, Oliver, Williams, Shaw & Eisenbrandt, LLP. Jackson County, Missouri. The plaintiff, in this legal malpractice claim, hired the defendant law firm to set aside a $370,000 default judgment. After the trial court’s refusal to set aside the judgment was affirmed on appeal, the plaintiff brought a malpractice action, alleging the law firm negligently failed to raise all of the proper jurisdictional defenses to the default judgment. At the conclusion of the malpractice trial, the jury returned a verdict for the law firm. Tried by Steven H. Schwartz.
Kempka v. Catering St. Louis. St. Louis City, Missouri. Plaintiffs were family members of the decedent who fell while exiting the Boat House, a popular St. Louis restaurant in Forest Park. The decedent struck her head and suffered a severe subdural hematoma. She died approximately ten weeks later from complications related to the injury. Plaintiffs claimed the decedent's fall was caused by a trip on step that was in violation of applicable building codes and against industry standards. Defendants denied these allegations. Defendants also presented two eye witnesses who testified that it appeared as if the decedent had fainted and the step had nothing to do with her fall. After a five-day trial in the Circuit Court of St. Louis City, the jury found for Defendants. Tried by David P. Bub
Brookfield v. Metro. St. Louis City, Missouri. Plaintiffs, in this wrongful action alleged Metro’s Call-A-Ride, which had been called to transport the decedent to her dialysis treatment, failed to take her to the hospital’s emergency room when she appeared in distress, but instead left her at the hospital’s front entrance. Plaintiffs claimed that if their decedent had been taken immediately to the emergency room, she would not have suffered a cardiopulmonary arrest and died. Plaintiffs demanded $1.2 million before trial. The jury returned a defense verdict. Tried by John P. Rahoy and Edward W. Zeidler, II.
Capitol Specialty Insurance Corporation v. Charles Whitaker. United States District Court, Southern District of Illinois. Capitol Indemnity sought a declaratory judgment that it had no duty to defend or indemnify its insureds, the owners of a Cairo, Illinois nightclub, against a lawsuit alleging damages stemming from a bar fight. The district court entered summary judgment for the insurer, finding the insurer’s assault and battery exclusion barred coverage for the insureds’ negligence. The district court also concluded there was no coverage under the insurer’s liquor liability coverage part. Tried by John P. Cunningham and Dan Hasenstab.
Ken Derendinger v. Eleanor Teague. Boone County, Missouri. Plaintiff, a law school graduate appearing pro se, alleged defendant traveled the wrong direction in a parking lot and struck the passenger’s side of his vehicle, causing significant damage. Plaintiff claimed property damage, personal injuries, including soft tissue injuries and low back pain, and lost wages. The jury returned a defense verdict. Tried by Rebecca Schubert.
Amco Insurance Company v. Robert Rohr. United States District Court, Southern District of Illinois. Amco sought a declaratory judgment that it had no duty to defend or indemnify the insured against an underlying lawsuit arising out of an ATV accident involving the insured’s daughter and friend. Amco denied the claim because the ATV accident did not occur at an “insured location,” as required by the policy’s terms. The underlying plaintiff responded, arguing a survey was required to determine whether the accident occurred on an “insured location,” that the insured held an easement over the property on which the accident occurred, the accident resulted from the intoxication of the insured’s daughter, which began on the insured’s property, and that the ATV was used solely to service the insured’s property. The district court disagreed and entered summary judgment for Amco, finding the ATV accident did not occur at an “insured location.” Tried by James Craney and Gregory Odom.
Bolton & Ascoli v. St. Clair Roofing Company. Boone County, Missouri. Plaintiffs were seriously injured when their motorcycle struck a pickup truck hauling a utility trailer full of siding material. Plaintiffs’ combined medical bills totaled over $100,000. The driver of the pickup truck, a self-employed siding installer, had just completed a siding installation job for the firm’s client, and was returning the client’s unused siding material to its warehouse. Plaintiffs alleged the driver was the client’s employee/agent at the time of the accident. The firm’s client denied the driver was negligent and further denied he was its employee/agent, but, instead, an independent contractor. The jury returned a verdict for our client. Tried by Chad M. deRoode.
Sappington v. Skyjack, Inc. United States Court of Appeals, Eighth Circuit. Plaintiffs brought claims for wrongful death based on strict product liability. The decedent sustained fatal injuries when he fell while working in a scissors lift at a construction site in Kansas City. After the district court dismissed the claims against Brown & James’ client based upon Missouri’s innocent seller statute and awarded substantial costs, plaintiffs appealed. As a matter of first impression, the Eighth Circuit affirmed the district court’s judgment, ruling a party dismissed under the innocent seller statute is a prevailing party that is entitled to its costs. Briefed and argued by James Maloney and Kenneth Goleanor.
Shipp v. GfK NOP, LLC. United States Court of Appeals, Eighth Circuit. Plaintiff brought this wrongful death claim based on her mother’s disappearance while conducting door-to-door surveys for the defendants. The mother’s murderers were never identified, but plaintiff filed her action against the companies that had employed her mother, claiming they had a duty to protect her against third-party criminal acts. The district court dismissed Brown & James’ client on plaintiff’s pleadings, and the Eighth Circuit affirmed. Briefed and argued by James Maloney.