Representative Jury Trials
Commercial Litigation- Kansas City Power & Light, et al., v. Halliburton Energy Services, Case No. 09AE-CV01564. Economic loss lawsuit brought by client KCP&L for power plant outage caused by improper valve design causing high pressure piping rupture. After a two-week trial, the jury returned economic loss damages verdict in favor of client.
- Wyle v. Fastener Engineers Group, Inc., U.S.D.C., Central Division, Los Angeles, California, CV91-7074.
Plaintiff filed a declaratory judgment/breach of contract action to determine which party retained contractual liability for future claims and lawsuits estimated in excess of $60 million under the terms of an asset purchase agreement. The court found the language of the asset purchase agreement to be ambiguous, and the jury returned verdict in favor of client Fastener Engineers Group, Inc.
- Holmes v. First National Bank, District Court, Washington, Kansas, 82-C-04.
Lender liability case in which plaintiffs claimed client bank improperly ended lending relationship causing failure of their business. Plaintiffs made a non-negotiable $13 million settlement demand. After a three week jury trial, the court directed a verdict against plaintiffs on client First National Bank’s counter-claim. Jurors returned a verdict in favor of plaintiffs for $50,000. Affirmed by the Kansas Court of Appeals and affirmed by the Kansas Supreme Court.
- Mentor Reinsurance, Ltd. v. Financial Guardian, et al., U.S.D.C., W.D. Mo., 87-CV-00781.
Plaintiff Liquidator sued defendants for negligence, misrepresentation and breach of fiduciary obligation. After two week trial, jury returned verdict in favor of defendants. Case settled on appeal.
- Altrutech, Inc. v. Hooper Holmes, U.S.D.C., District of Kansas 96 C 1902.
Plaintiff claimed breach of contract and improper termination of business relationship resulting in damages in excess of $3,000,000 and a claim for punitive damages. The case was resolved after the second day of trial under confidential terms favorable to client.
- Plainview Farms v. Allied Mills, et al., Circuit Court of Jackson County, Missouri, CV77-3919.
Three-month jury trial in which plaintiff alleged negligence and fraud in business transaction. Jury verdict in favor of plaintiff against multiple defendants in excess of $1,000,000 obtained. Awarded to client for personal guarantee of payment under contract counterclaim.
- United Fire & Casualty v. Roode, U.S.D.C., District of Kansas.
United Fire & Casualty filed a declaratory judgment action to establish the existence or non-existence of insurance coverage. The jury returned a verdict in favor of United Fire & Casualty’s policy interpretation.
- Weeks v. St. Joseph Hospital, Circuit Court of Jackson County, Missouri, CV-019486.
Commercial bailment case which was favorably resolved prior to jury verdict.
- Branyes v. Westport and Armstrong World Industries.
Commercial property damage case. Dismissal by plaintiff on first day of trial and judgment entered in favor of client.
Product Liability - Cantrell v. Carrier Corporation, Circuit Court of Clay County, Missouri CV196-2401CC.
Defense of personal injury products liability case in which plaintiffs claimed severe lung injuries caused by exposure to toluene diisocyanate. One million dollar settlement demand prior to trial. The jury returned a defense verdict in favor of client.
- Woltje v. ITT, Circuit Court of Jackson County, Missouri, 99-CV-208524.
LP gas explosion, wrongful death case. Products Liability defense of ITT, manufacturer of LP gas control valve. Two million dollar settlement demand prior to trial. Product liability case dismissed against client at conclusion of two week trial with jury verdict against co-defendants.
- Riffel v. Burlington Northern Santa Fe, et al., Circuit Court of Jackson County, Missouri, Case No. 01CV219519.
Defense of personal injury products liability claim against client. Jury returned verdict in favor of client and against co-defendant.
- Fenn v. Kansas Enterprises, Circuit Court of Jackson County, Missouri at Independence, Case No. 16CV95-11772.
Products liability case in which it was claimed decedent suffered brain damage as a result of exposure to carbon monoxide from machine rented from client AAA. Two week jury trial in which jury returned a favorable verdict below plaintiff’s settlement demand, which was also offset by a credit from a prior settlement with machine manufacturer.
- Purcell v. Armstrong, State Court, Portland, Oregon, 9311-07674.
Asbestos personal injury case in which Bob Henderson represented defendant Armstrong on plaintiff's punitive damages claims. Armstrong found not responsible for punitive damages.
- Consolidated Asbestos Litigation for the City of Baltimore, Circuit for Baltimore City, Maryland.
Selected personal injury asbestos cases were tried to a single jury. Settlement on behalf of Armstrong prior to jury verdict.
- Consolidated Asbestos Litigation for Southern Illinois, State Court, Madison County, Illinois.
In excess of 7,500 personal injury cases filed in Madison County, Illinois. Resolution of selected cases consolidated for trial on behalf of Armstrong prior to jury verdict.
- Gilbert v. New York Carpet World and Armstrong, Greenville, South Carolina, 89-3119.
Personal injury and property damage case in which plaintiff claimed asbestos related injury when co-defendant sanded the asbestos backing of plaintiff's floor. The jury returned a verdict in favor of client Armstrong, the manufacturer of the flooring, and returned a verdict for actual and punitive damages against co-defendant New York Carpet World.
- Borne v. Kerr and Armstrong World Industries, Tulare County, California, 131580.
Asbestos exposure lawsuit for actual and punitive damages successfully resolved during trial.
- Mashburn v. Ford, United States District Court for the Western District of Missouri Southern Division, 78-3307-CV-S-4.
Products liability defense, favorably resolved at trial under confidential terms.
Employment- Larry Budenz v. Sprint, United States District Court for the District of Kansas, 01-2355-GTV.
Represented defendant Sprint in a sexual harassment and retaliation lawsuit. Jury returned a defense verdict after seven days of trial.
Construction- Cascio v. Bledsoe, Circuit Court of Clay County, Missouri CV198-2186CC.
Successful prosecution of declaratory judgment/breach of contract/construction defect case. After a one-and-one-half week trial, jury returned a verdict in favor of defendant Bledsoe on quantum meruit claim and for plaintiff on fraud claim.
- Bell Creek v. Dunn Construction v. APAC, Circuit Court of Buchanan County, CV391-1244CC.
Represented APAC in third party action in which the underlying plaintiff sustained significant damages to an eighteen wheel truck and loss of contents in an accident which occurred at a highway construction site. The jury returned a verdict in favor of defendant and client APAC.
- Bryant v. All Temperature, Wyandotte Co. Court 93-C-1806.
Wrongful death claim from construction accident. Jury verdict for less than offer. Client later contractually indemnified for all expenses after decision by Court of Appeals.
Legal Malpractice Defense- C. John Holdsworth v. John Hall, et al., Circuit Court of Clay County, Missouri, CV380-702-ACX.
Defense of attorney in legal malpractice claim for failed business transaction. Judgment granted in favor of client at the conclusion of plaintiff's evidence.
Nursing Home
- Robinson v. Integrated Health Services, Circuit Court of Platte County, Missouri 0689CC01945.
Wrongful death case in which decedent, resident of a nursing home, died as a result of claimed misdiagnosis. The jury returned a favorable verdict which was less than the lowest settlement offer.
- Wardlow v. Foxwood Springs, Circuit Court of Cass County, Missouri, CV-191-077-CC.
Plaintiff was injured at nursing home requiring hip replacement surgery. Jury returned a verdict in favor of plaintiff for less than the settlement demand against client.
Real Estate - Williams v. Enochs, et al., Circuit Court of Platte County, Missouri, CV184-525-CC.
Represented plaintiff real estate broker for defendants’ failure to pay commercial real estate commission on oral listing. Jury returned verdict in excess of $250,000. Affirmed by Court of Appeals and remanded by Missouri Supreme Court with new jury instructions for submission of quantum meruit in real estate litigation. Case favorably resolved for client.
Personal Injury - Thro v. Glascow, St. Charles County, Missouri, 11V018801639.
Plaintiff sustained brain damage from a collision with a tractor/trailer. After one week trial, jury returned a defense verdict in favor of client trucking company and its driver.
- Kressig v. Schieni and Chariton County Ambulance District, Circuit Court of Livingston County, Missouri, CV784-63CC.
Wrongful death case in which plaintiffs alleged ambulance district improperly performed CPR and discontinued CPR causing decedent's death. Verdict directed by court at the conclusion of the evidence in favor of client.
Moore v. Boise Cascade, District Court Wyandotte County, Kansas, 05-CV-1543.
Successful defense of multiple injury claims resulting from tractor-trailer accident.
- Rolls v. U-Haul, District Court Wyandotte County, Kansas, successful defense of personal injury lawsuit.
- Coffman v. MHTC, Circuit Court of Jackson County, Missouri, 99-CV-216886.
Multiple vehicle accident in which plaintiff’s vehicle collided with a guard rail severing his leg. $450,000 settlement with co-defendant, defense verdict for MHTC.
- Wyman v. J. C. Nichols, Circuit Court of Jackson County, Missouri , 16CV91-05131.
Plaintiff injured at apartment complex causing amputation. Defense verdict for client.
- Garza v. CATS, Circuit Court of Jackson County, Missouri, CV95-17334.
Developmentally disabled plaintiff sued transportation company for accident in which plaintiff, a passenger in a bus, was injured in automobile accident. Jury returned a verdict in favor of client CATS and found liability against co-defendant.
- Roode v. Brownrigg, U.S.D.C., District of Kansas, 87-2074-S.
Represented plaintiff who had been shot by defendant. The jury returned a verdict in excess of $750,000 in favor of plaintiff.
- Summers v. Waffle House, Circuit Court of Clay County, Missouri, CV188-2553CC.
Personal injury case in which plaintiff sustained elbow injury requiring surgery. Jury returned a verdict in favor of plaintiff for less than the settlement demand against client.
- Mary Lograsso v. Otis and Sisters of St. Mary, et al., Circuit Court of Jackson County, Missouri, CV79-4569.
Plaintiff claimed malfunction of elevator caused injury to herself and others. Favorable jury verdict for client for less that settlement offer.
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