Description: This case involved a 19-year-old young man who was working in a local gas station in rural Minnesota. The trial was one of the longest jury trials for a single injured plaintiff in Minnesota history. This major product liability case was appealed all the way to the United States Supreme Court, which ultimately upheld the verdict as reduced by the Minnesota Supreme Court. The result was not only a successful recovery for the plaintiff, but also established legal rights for protection of the public and those injured by defective products. In 1988, the Minnesota Supreme Court reduced the original verdict to $8,200,000.00 as follows: $3,700,000.00 compensatory damages and $4,500,000.00 punitive damages.
Description: The 16-year-old plaintiff was a passenger in a vehicle being operated by a friend, also sixteen years of age. The driver lost control and flipped. The plaintiff sustained a severe spinal cord injury which left her paralyzed from the neck down and dependent upon a ventilator. The defendant's insurance company denied coverage for the crash, asserting the vehicle involved was removed from the insurance policy one month before the crash.
Description: A young farmer suffered a severe brain injury in a grain elevator explosion, leaving him in a persistent vegetative state. A settlement was negotiated with the elevator's insurance carrier without a lawsuit.
Description: A 35-year-old mother and wife suffered brain damage and the loss of one leg as a result of a collision with a semi tractor-trailer which pulled out onto a highway in a thick fog. Pretrial investigation revealed that the truck driver had been warned shortly before the accident not to drive until the fog lifted.
Description: This case involved a recovery for a victim of medical malpractice. The plaintiff, an Army veteran, went to a hospital in Southern Minnesota reporting that he had blacked-out while driving his car. Investigation revealed a large aneurysm (a weakening in the wall of the blood vessel) in his brain. Because he had no health insurance, the plaintiff went to the Veteran's Hospital in Minneapolis. There, investigation confirmed the presence of the aneurysm. The decision was made to undertake surgery. Surgery was scheduled for a Monday morning, but when the plaintiff arrived at the hospital on Sunday afternoon, he was told that no one knew anything about the scheduling of the surgery; despite the fact the nurse's notes specifically reflected that Plaintiff was to return that day for preparation for surgery. The plaintiff was sent home, with instructions to return the next morning to meet with the surgeon. Plaintiff and his family arrived at 10:00 a.m., and were not seen by the surgeon until 5:00 p.m. At that time, the Neurosurgical resident informed him that she had no idea why he was there, that surgery had not been scheduled, and he should go home and wait to hear from them. Five days later the aneurysm ruptured, and the plaintiff was profoundly brain damaged.
Description: The claimant's family lost a son and brother, and a young boy was left brain-injured as a result of a car/train collision. This confidential multi-million dollar settlement allowed for structured annuity to pay necessities and income loss of the young boy and relieve the financial burden on the parents. The wrongful death settlement will allow for the college education and early adulthood start-up expenses for the surviving sibling.
Description: The case involved a settlement in a product liability action on a road roller for a college student working a summer job on a road construction crew
Description: The case involved a 21-year-old woman who was a passenger on Singapore Airline when it crashed on take off. She was pushed out of the back of the crashed airplane seconds before it was totally consumed in flames.
Description: The case involves a 46 year old man whose vehicle was struck by a semi tractor trailer that crossed over into his lane of traffic. The plaintiff was hospitalized for 2 weeks and unable to return to work because of his injuries.
Description: The case involved a 58-year-old real estate broker, was on his way to his office, North of Isle, MN, when he stopped to help a disabled vehicle on the roadway. Weather conditions were snowy. When he was struck by the defendant semi tractor/trailer.
Description: The case involved a 17-year-old man who was run over by a garbage truck. He suffered massive orthopedic and internal injuries including multiple, compound fractures of his legs and a crushing injury to his pelvis. His urethra was obliterated and his colon lacerated. He had a colostomy, which has been reversed. He has undergone several urologic surgeries and dilations. He is able to urinate however he also must self-catheterize. The liability issue involved negligence on the part of the driver and direct claim against Waste Management for negligent hiring, negligence entrustment, and negligent supervision.
$ 2,500,000.00
Outcome Type: Settlement
Type of Action: Pipeline Explosion/BurnInjury:Wrongful Death
Description: A pipeline explosion in a residential neighborhood resulted in the burn deaths of a mother and daughter. Suit was brought against the pipeline company on behalf of the surviving sister and husband.
$ 2,475,000.00
Outcome Type: Settlement
Type of Action:Construction AccidentsInjury: Neck injury with nerve damage requiring spinal surgery
Description: This case involved an electrician who brought suit against two subcontractors and the general contractor when he was injured on the job site by a falling pipe.
Description: The case involved an 18-year-old young man who was a passenger in a friend's car when it struck one of two horses that suddenly appeared on a dark country road. The weight of the horse collapsed the passenger side of the car, causing a significant head injury which resulted in blindness. Subsequent investigation indicated that the horse had escaped from a pasture, which was delineated by two strands of Baygard HV Electric Fence Tape. The tape was not fit to be used as a permanent fence to restrain horses.
Description: The case involved a 50-year-old woman who was walking down a street in downtown Rochester. When the defendant driver, who was drinking coffee and eating a doughnut lost control of his truck and went up on the sidewalk and struck and killed the woman.
Description: The case involved a 15-year-old young man who was initially injured in a motor vehicle collision. When brought to the emergency room, there was a misdiagnosis regarding injuries to the hips, which resulted in further significant injuries and damages ultimately leading to bilateral hip replacements.
Description: A young woman suffered severe orthopedic injuries in an automobile collision with a drunk driver. The driver had inadequate insurance, but his employer was found liable because he was returning from a golf club where he had made arrangements for a social event sponsored by his employer, and was therefore legally considered to be on the job at the time of the accident.
$ 1,750,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: Abdominal Injuries/Internal Injuries
Description: A 32-year-old single man with a spotty employment history suffered severe abdominal injuries when a commercial van lost control on an icy road and hit his car head-on. Although he had been drinking, defendant ultimately admitted fault as part of an agreement to submit the case to binding arbitration rather than jury trial. A settlement was negotiated before arbitration.
Description: The case involved a 14-year-old young man who was injured when the pick up in which he was riding in rolled over. The defendant, a minor, who was driving the vehicle, was intoxicated.
Description: The case involved a 19-year-old young man who was a passenger in a car, which left the roadway and rolled over causing a severe neck injury resulting in quadriplegia. A structured settlement was put in place with these funds resulting in a return many times more than the actual settlement. This settlement allowed for lifetime care and income.
Description: The case involved a 24-year-old who was killed as a passenger in a single car crash. The driver of the vehicle was found to be legally intoxicated.
Description: The case involved a middle aged man who suffered a closed head injury as the result of the negligence of the defendant resort. He was in a coma for 10 Days. The plaintiff had an excellent recovery with some long-term memory loss. After rehab care he was able to work as a store manager within six months of the injury.
Description: The plaintiff was a passenger in a stretch limousine that was rear-ended. The limousine's gas tank ruptured from the impact causing burns to over 18% of her body. A good recovery but she was left with scarring.
Description: Plaintiff was flying from Maryland to Colorado. She and her 13 year old son were returning from spring break. The plane was grounded in Minneapolis because of weather conditions in Colorado. Plaintiff had attended college in MN. So she called a friend to get together during her layover. The defendant joined them for dinner and offered to take plaintiff back to the airport. Plaintiff was not aware that defendant had been drinking prior to meeting them. On the way back to the airport plaintiff noticed defendant was traveling at a high rate of speed. Defendant vehicle left the roadway and smashed into a steel barrier. Defendant had a BAC of .18.
Description: The case involved a 27-year-old single male who on Thanksgiving Day was operating his truck with his best friend as a passenger. When passing through an intersection in South Minneapolis, they were struck by a City of Minneapolis squad car, which had come through a stop sign and lacked any emergency lights. Both the 27 -year-old male and his best friend were killed. This represents the largest jury award in Minnesota for death of a single young adult.
Description: A teenage girl was partially paralyzed when she tripped or fell into a swimming pool that was under construction at her family's home. The swimming pool contractor settled before trial and the jury found the girl's parents responsible for negligent supervision.
Description: The case involved an elderly woman who was a passenger in her daughter's car. It was hit head on by a car which had been racing another car and lost control.
Description: The case involved a settlement for an 11 year old boy who suffered partial leg amputations while playing on the railroad tracks in Minneapolis.
Description: The case involved a 46-year-old woman who was driving her car when a commercial pick up truck that did not see a stop sign hit her broadside going 55 mph.
Description: This case involved the labor and delivery of a child. The fetal heart monitor showed early signs of fetal distress and the doctor failed to perform an early cesarean section. A cesarean section was eventually performed and the child was born, but suffered brain damage with residual spastic quadriplegia and mental retardation. The settlement was structured to provide a lifetime of care and support for the child.
Description: A physician was shoveling snow in his driveway one morning before work when a car being driven by a lawyer slid into him, causing a brain injury. The lawyer's insurance policy provided only $100,000.00 of coverage, but additional coverage through the lawyer's law firm was established by proof that the lawyer was driving from home to court, rather than to his office, and was therefore legally considered to be on the job at the time of the accident.
Description: The case involved a 54-year-old man who was involved in a two-vehicle collision on an icy Minnesota highway. The defendant vehicle had spun out of control and was blocking the road when the plaintiff t-boned his vehicle.
Description: The case involved a 34-year-old man who was a concrete worker employed to pour a concrete floor in a 3-story wood frame apartment building under construction in Hutchinson, MN. On 5/5/97, the worker was pouring concrete on the ground floor when an approximately 45 mph gust of wind came up, causing the building to collapse, fatally crushing him. Investigation proved that the collapse was caused by very careless construction practices.
Description: The case involved a settlement in a product liability action for a 39 year old tire center worker who became paraplegic when he fell off a tire racking storage system.
Description: The case involved an elderly woman who was a passenger in her daughter's car. It was hit head on by a car which had been racing another car and lost control.
Description: A sixteen year old boy was riding his brother's old bicycle, which had just been fixed up by a neighborhood bicycle repair shop. Driving the bike down a hill toward an intersection, he saw a truck pull out in front of him. He squeezed both brakes, but only the front brakes worked, and as a result he was thrown over the handle bars and under the truck, suffering severe orthopedic injuries. Suit was brought first against the bicycle repair shop and subsequently against the truck driver. Both defendants settled before trial.
Description: The case involved a woman who was driving her car across the Washington Avenue Bridge in Minneapolis when she lost control on ice and struck the bridge rail. She got out of the car to examine the damage and just was she was re-entering the car, an uninsured vehicle lost control, striking the plaintiff and pinning her between her car and the uninsured vehicle. After recovery of an arbitration award of $775,000.00, plaintiff proceeded to collect additional amounts from the insurance on the vehicle which she was operating, a ???loaner vehicle from her car dealer. The car dealer's insurance company, Safeco, vigorously disputed plaintiff's entitlement to benefits, resulting in two appeals (Safeco v. Goldenberg). Plaintiff's claims were ultimately upheld on appeal.
Description: Plaintiff's vehicle was rearended by the Defendant and pushed into the motor vehicle in front resulting in 3 totaled vehicles. The Plaintiff's head was split open when he was thrown forward into the windshield. His seat was sheared off at impact and after hitting the windshield he was thrown backward to the floor of the back seat. The Plaintiff was taken by ambulance to Regions Hospital.
Description: The case involved a 23-year-old single woman who was struck by a pick-up truck towing a loaded trailer, which drove through a red light at a highway intersection in Zimmerman, Minnesota.
Description: The case involved a 42-year-old homeowner who had hired the defendant to do some landscaping work in conjunction with construction of his new home. At some point during the work the defendant invited the plaintiff to operate the bobcat (Skid Loader). While carrying a load of earth in the bucket, the bobcat suddenly tipped forward. The plaintiff was thrown from the seat. His leg was trapped between the bucket and the frame of the bobcat. He attempted to extricate himself by operating the bucket control lever. He pushed the lever in the wrong direction causing a severe crush injury to his right leg.
Description: During a holiday parade, a police van suddenly accelerated into the crowd of onlookers, injuring several and killing two. In a four week state court trial plaintiffs established that the sudden acceleration resulted from a defective aftermarket electronic product installed in the vehicle.
Description: The case involved a 29-year-old plaintiff and his wife was out for an afternoon cruise on Lake Minnetonka. The operator of a fishing boat nearby observed some approaching weather and decided to try to get home before the rain hit. While proceeding at approximately 25 to 30 mph, he struck the side of the boat in which the plaintiff was riding, killing him. The plaintiff was survived by his wife and two young children
Description: This case involves a 40-year-old gentleman that was a pedestrian when he was struck by an automobile at an auto show. His left leg was run over, and he suffered multiple fractures in that leg. He went through extensive therapy to save the leg and amputation could occur in the future. The defendants claimed the accident was the plaintiff's fault for stepping in front of the car and the leg was going to be lost due to diabetes.
Description: A 43-year-old father and husband suddenly developed an excruciating headache, the first such headache in his life. At the small town emergency room in Wisconsin, the physician failed to consider a cerebral aneurysm and did not perform a CT scan. He instead diagnosed a sinus headache and sent the patient home with antibiotics. The patient subsequently died of a cerebral aneurysm.
Description: The case involved a University of Minnesota athlete hit by a garbage truck on Christmas Eve, 1992, suffering multiple fractures and a closed head injury
Description: A medical malpractice lawsuit against a hospital for the wife and children of a man who committed suicide in the locked psychiatric unit of the hospital. A federal court jury found the hospital negligent at the conclusion of a two week trial.
Description: A 2-year-old boy suffered severe scald burns from excessively hot water in an apartment building bathtub when his babysitter momentarily left him unattended and he climbed into the tub. The settlement was paid by the apartment building owner and the hot water heater manufacturer.
$ 1,000,000.00
Outcome Type: Settlement
Type of Action:Construction AccidentsInjury: Immediate loss of sensation of all extremities, and eventually regain some movement in his leg and feet, but now suffers from a permanent cervical spine bruise resulting in permanent loss for the use of his hands and only partial use of his arm.
Description: Crane Operator move trusses that had been hoisted to the top of a garage. Upon moving one of the trusses it bumped another causing it to fall and hit a 42-year-old man with four children, on the head causing bruising of the cervical spine and partial periphrasis of both upper extremities.
Description: The case involved a young man who sustains a serious brain injury when a vehicle pulling a trailer was unable to stop and collided with his car. The case settled the morning of closing arguments after a four-week trial.
Description: The case involved a 7-year-old boy who was vacationing with his family in Banff, Canada. The young boy was riding his bike at a campground when a speeding Suzuki Sidekick hit the young boy on his bike.
Description: A 34-year-old farmer was injured when the forks of a forklift suddenly dropped on him while he was bending underneath to attach a chain to an object to be lifted by the machine. Suit was brought in South Dakota against the owner of the machine. The evidence developed before trial proved that inadequate maintenance of the machine had caused its failure.
Description: The case involved a 61-year-old man who was driving westbound on Highway 8 near Forest Lake, Minnesota, returning from the family's cabin. The defendant, driving eastbound on County Road 8, apparently took her eyes off the road, crossed the centerline and struck the plaintiff head-on. The plaintiff was survived by his wife and several adult children.
$ 775,282.00
Outcome Type: Arbitration Award
Type of Action:Automobile AccidentInjury: Disc herniation to L5-S1 with two surgeries
Description: The case involved G.S. a 26-year-old man. The out of town defendant, driving a rental car, made an illegal U-turn in front of G.S. causing a collision. There was substantial damage to the plaintiff large Ford Bronco.
$ 750,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: Reflex Sympathetic Dystrophy also known as complex regional pain syndrome
Description: The case involved a man who was stopped waiting to make a left hand turn into his rural driveway when the defendant rear-ended him at a high rate of speed. Plaintiff's injuries initially appeared to be mild muscle and ligament injuries to his neck and back, but over time his condition deteriorated and he developed chronic pain syndrome, which severely limited the use of his left arm.
Description: The case involved an 11-year-old girl who was traveling in a van that was stopped, waiting to turn left on Highway 12 when it was struck from the rear by a car traveling at highway speed. The impact catapulted the van over the centerline where an eastbound vehicle then struck it almost instantaneously. All three occupants of the van were ejected. The 11-year-old girl was run over by one of the vehicles and died instantly.
Description: This case involved an 18-year-old woman who pulled from a stop sign and was struck by a speeding pick up truck. She sustained brain damage, but is able to take care of her daily cares. A settlement was placed into a structured settlement in a special needs trust that will provide for the special needs of the client for the remainder of her life.
Description: The case involves a man who was in the middle of a busy road picking up the contents of his wife's purse, when an inattentive driver hit him. The plaintiff was thrown up onto the hood of the car and then to the pavement.
Description: The case involved a 9-month-old baby who was being attended to at an in-home day care center in Brooklyn Center, Minnesota. The day care operator had several young children in her home. The day care operator was cooking in the kitchen and decided to use a pressure cooker in order to make pea soup from split peas. When the defendant day care operator moved the lid from the pressure cooker, boiling hot pea escaped. The 9-month only suffered burns on her chin, neck, shoulder and arms, which were both 2nd and 3rd degree. Subsequent investigation indicated that the pressure cooker manufacturer sold the device with written instructions warning never to cook split peas.
Description: A 32-year-old husband and father of a baby girl was served to the point of severe intoxication at a rural tavern and allowed to leave in his own car. He lost control and crashed, killing himself. The claim was brought against the tavern on behalf of his surviving wife and daughter.
Description: The case involved a 71-year-old woman who was riding as a passenger in a golf cart when the cart was bumped by an automobile. Unfortunately, she was ejected from the cart and struck her head on the pavement. She was in a coma for approximately 10 days and ultimately died. There was some question as to whether her death was trauma related or from health problems she had been having with her heart.
Description: The case involved two young men who were injured in fuel tank explosion,1996. This Federal Court case involved violations of state and federal regulations regarding underground fuel tanks.
Description: A 68-year-old mother and grandmother, killed when the vehicle she was riding in as a passenger was struck by a farm truck. There were coverage questions regarding the defendant being the course and scope of his employment for a third party or whether he was an independent contractor. Case settled for policy limits from all responsible parties, including the UIM carrier.
Description: The case involved a 9-year-old child who was bit in the neck by a neighbors dog. The dog had broken free of its chain and attacked the child as he rode by on his bike.
Description: The case involved a middle age woman who was driving eastbound on Highway 12 near Orono, Minnesota. The defendant semi tractor/trailer and proceeded out of control into the eastbound lanes. The front end of the plaintiff's car collided with the right side wheels on the defendant's tractor, as it was sideways in her lane. Negligence against the defendant trucking company was based on excessive speed, failure to keep the tractor/trailer under control and the tractor brakes that were seriously out of adjustment.
$ 625,000.00
Outcome Type: Settlement
Type of Action:Slip and FallInjury: Memory impairment and mental confusion. She and her husband had to move into an assisted living facility
Description: The case involved a very healthy and sufficient 79-year-old woman on her way to a beauty salon appointment at 50th & France in Edina. She parked her car in a public parking lot owned by the City of Minneapolis. She step out of her car and slip on the icy pavement. She had an egg shaped bump on the back of her head. She was diagnosed with an intracranial hemorrhage.
Description: A 55-year-old woman who was partially paralyzed due to chronic illnesses was being transported in her wheelchair by medical van to a doctor's appointment. The van's seatbelt was not properly secured, and the woman was thrown from her wheelchair when the van suddenly braked to avoid a collision. She suffered comminuted fractures of both femurs, had a long and complicated hospitalization, and lost some of the limited mobility that she still had before the accident.
Description: The case involved a young woman who was struck by a hockey puck at a high school game. The woman was a cheerleader for her high school, and traveled to the Wayzata High School hockey arena for a game. Just before the end of the first period, a player took a slap shot, which ricocheted into the stands where the woman was seated. She sustained a head injury. Investigation revealed that alterations to the stands to install locker rooms underneath them had resulted in eliminating essentially all protection provided by the Plexiglas surrounding the rink. The matter was settled during trial for $600,000.00.
Description: The case involved a man who suffered from significant arthritis, which restricted him to a wheelchair. However, Plaintiff lived independently at home with his wife, and regularly traveled around the small Southern Minnesota town where they lived in his wheelchair. On the day of his injury, the plaintiff was taken out for a recreational trip by a handicap transfer van service. Upon return to his home, the van driver placed the plaintiff on the handicap ramp, but because of the street configuration, the ramp was on somewhat of a down slope. The driver failed to lock the plaintiff's brakes, and the wheelchair flew off the end of the ramp, somersaulted, and the plaintiff was ejected from the chair, with the chair subsequently landing on top of him. As a result of the arm fractures the plaintiff sustained in this injury, he was no longer able to live independently, and had to move to a nursing home.
Description: During a National Guard outing, a boat owned and operated by a former Colonel with the Minnesota National Guard collided with a boat operated by another soldier resulting in the death of 37-year-old Lieutenant, and causing severe injuries to five other soldiers.
Description: The case involved a middle age man who sustained a severe fracture to the foot in an auto accident and was required to use a brace for rest of his life, even though he could continue to work.
Description: The case involved a car-train collision at a rural crossing guarded only by cross backs and a stop sign. The jury found the railroad negligent for not installing electronic flashers due to limited visibility and a history of previous accidents at the crossing.
Description: The case involved a 13-year-old passenger in a vehicle that pulled out in front of a truck. The truck was hauling gravel and according to the weight sheet was overloaded. The claim was made that the truck would have been able to stop if loaded properly. The case settled for the policy limits of $500,000.
Description: A young mother and wife saw her family doctor with concern about a mole on her calf that had changed appearance. A biopsy was done, but the tissue sample was lost. The doctor advised the patient not to worry and did not re-biopsy the mole. Two years later melanoma was diagnosed and lymphectomy was required.
Description: The case involved a 37-year-old woman who was a passenger in a taxicab in San Diego, California which was involved in a two vehicle collision.
Description: The case involved a 52-year-old man who was hit when the defendant went through a stop sign striking the plaintiffs vehicle. The plaintiff's vehicle rolled over several times. The plaintiff had a slow recovery but with in a year he was back to work as a full time carpenter.
$ 487,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: subdural hemotoma requiring surgery
Description: The case involved a middle-aged man who struck by the defendants vehicle when it drove through a stop sign. The plaintiff made a excellent recovery.
Description: This case involved a husband and father who was employed in the meat department of the local food store who suffered a closed head injury in a motor vehicle collision. This man sustained a permanent disability, which entitled him to social security and disability benefits. Additionally, the liability settlement was placed in a structured annuity returning many times its value to the plaintiff and his family.
Description: This case involved a claim by the pilot and co-pilot of a commuter plain that flew from Appleton, Wisconsin, to the Twin Cities and then on to Lincoln, Nebraska. In route to Lincoln, Nebraska, it flew into a level six thunderstorm. Its engines drowned out and the plane crashed in eastern Nebraska killing the pilot and co-pilot. A claim was brought against the FAA for negligent air traffic control and not re-routing the plane around the thunderstorm. After three weeks of trial the case settled while the Judge had the matter under advisement.
Description: The case involved a 36-year-old woman who was killed in a head-on collision, which occurred during blinding "white-out" conditions in southwestern Minnesota. She collided with the defendant tractor/trailer in a spot where the drifting snow had reduced the travel portion of the roadway to a single lane. The defendant truck driver was violating Federal Motor Carrier Regulation 392.14 and should not have been on the roadway during a "No Travel Advisory."
Description: The case involved a welderwho was violently rear-ended by the defendant who had the sudden onset of diabetic shock. The plaintiff suffered a herniated L5-S1 disc. He had surgery in the form of a fusion which did not solidify. He had a second surgery to do a posterior fusion. At the time of trial he was in school being retrained for a new occupation. It was proven that while the defendant had a sudden diabetic shock, he had not been treating with his doctors or following his doctor's advice and this had resulted in his being the end stage of kidney failure. The jury awarded the plaintiff $461,000.00. There was a net judgment including costs in the amount of $359,000.00. The defendanta^s insurer had rejected the opportunity to settle for the policy limits of $100,000.00 at the pretrial. The defendant has assigned his rights as a result of the breach of the fiduciary duty by his insurance company to the plaintiff. The claim against the insurance company for breaching fiduciary duty is in suit at this time.
Description: The case involved a 13 year-old boy who was severely burned in a gasoline explosion and fire. The boy entered the basement without the landlord permission (allegedly). He said he was going to get his bike. No bikes were in the basement. He then knocked over a can of gas which was ignited by the water heater.
Description: The case involves a 56-year-old woman who was a passenger in a car that was hit when the defendant went through a stop sign. The impact caused the plaintiff to be thrown forward, striking her arm against the dashboard. Because of the injury she was unable to return to work.
Description: A 60-year-old railroad worker fell from a boxcar. He suffered a soft tissue injury and suffered significant wage loss, which finally resulted in retirement from the railroad. The jury verdict was the largest ever obtained in the county for a personal injury.
Description: The case involved a passenger in a vehicle being operated by his friend on their way to a job site in Western Minnesota. The friend fell asleep, and the vehicle crossed the centerline, striking an oncoming semi tractor-trailer. Plaintiff sustained a head injury as well as injuries to both shoulders that required two surgeries, several months apart, to correct the injuries to his rotator cuff in each shoulder. Plaintiff was no longer able to work as a commercial electrician, but was doing residential electrical work at the time of trial.
Description: The case involved a plaintiff who sustained a severe injury to his femur (the large bone in the upper leg) in a snowmobile accident. Repair of this required placement of a rod through the femur to allow it to heal. After healing was complete, the defendant doctor sought to remove the rod, but failed to remove all of the hardware before pulling the rod out, and caused significant damage to plaintiff's femur. Plaintiff was off work from his job as a used car broker for approximately six months as a result of the surgical injury.
Description: The case involved a 54-year-old woman whose leg was crushed by another vehicle, as she was unloading packages from the trunk of her car. The defendant's insurance company eventually paid policy limits and the defendant eventually paid thirty three thousand dollars herself. The defendant paid the money only after Larry Stern showed up at her sentencing and persuaded the court she wasn't cooperative in disclosing assets.
Description: Settlement for wrongful death of 19 year old male, who after hours of binge drinking was electrocuted by his intoxicated friends, when they wired his wrist and ankle to light switch. The switch was turn on and off intermittently by his friends as a practical joke. However, the switch was inverted, and the current passed through the switch was in the off position rather than on. The case involved significant homeowners coverage issues and was resolved on the basis.
Description: The case involved a the plaintiff who was rear-ended at the intersection of Hennepin Avenue South at West 22nd Street in Minneapolis by defendant. The force of the collision pushed the plaintiff's car into the stopped vehicle in front of her. Plaintiff's vehicle was a total loss. The plaintiff was removed by back board to the emergency room at Fairview Riverside Medical Center.
Description: The case involved a 33-year-old man who was driving home is car, when the defendanta^s tractor-trailer runs a red light broad siding his vehicle.
Description: This case involved a 16-year-old young woman, who was driving through an intersection in Elk River, when a pick up pulling a full trailer of asphalt ran the red light an crashed into the young woman.
Description: This case involved a 45-year-old Hispanic man who was employed on a temporary job at a pizza and dough related bakery in southwest Minnesota. He was hired to clean trays and other equipment. At the time of the accident he was asked to clean a tri-roller machine. This was the first time he had worked on a moving machine. He was standing on a stool and reach up over his shoulder height into the hopper to clean the inside. When the two rollers caught the glove he was wearing and drew his left hand and arm into the machine, crushing it and requiring amputation below the elbow.
Description: The case involved a young man who slipped on the ice and fell outside of a restaurant. He struck his head on the ground causing him to have short-term memory loss. The defendant denied negligence and offered zero before trial.
Description: The case involved a 79-year-old man who was a pedestrian walking across a street within the city limits of Honolulu. Without warning, he was struck by a car operated by an 18-year-old young man.
$ 390,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: Knee injury inquiring two surgeries
Description: The case involved a 45-year-old self-employed in the business of sales and installation of floor covering. He stopped in his vehicle at a stop sign in Golden Valley, Minnesota. Ahead of him was defendant's truck. Without warning the defendant's truck suddenly went into reverse and backed into him. His right knee slammed into the dashboard. Eventually he required two knee surgeries.
Description: A 16-year-old girl was taken to a hospital emergency room after overdosing on aspirin and Tylenol. She was properly treated for Tylenol toxicity, but not aspirin toxicity, and as a result died. Under Wisconsin law, the maximum amount that could have been recovered on her case was $500,000.00.
Description: The case involved a 19-year-old man who was in the National Guard. He was killed while a passenger in a car involved in a two-vehicle collision at a rural intersection in Lakeville Minnesota.
Description: The case involved a 49-year-old man who was driving his motorcycle in a two-lane road just South of Duluth, MN. He was coming down a road that was a long hill, approaching the fence in area at the headquarters for defendant. Suddenly the defendant made a left turn in front of the decedent. The defendant was operating a Ford truck, which he owned, towing a "low-boy" type trailer with a caterpillar D3 bulldozer on it. The motorcycle struck the blade of the bulldozer and was killed.
Description: The case involved a female flight attendant whose vehicle was struck by the defendant's car that crossed over the centerline and hit the plaintiff's car head on. The plaintiff was unable to return to her job.
Description: The case involved a 14-year-old young man who was cleaning the warehouse where his mother worked. He was driving around the warehouse on a forklift with a employee of the warehouse. As they attempted to turn a corner, the forklift tipped over and the cage fell on young man's ankle causing a severe fracture of the right ankle.
Type of Action:Auto Accidents / Injury to ChildrenInjury: Scars and tattooing to the back; scar on the head from the surgery; depressed skull fracture.
Description: The case involved a 7-year-old boy who was vacationing with his family in Banff, Canada. The young boy was riding his bike at a campground when a speeding Suzuki Sidekick hit the young boy on his bike.
Description: The case involved a 23-year-old man who was getting into a cab after a night of drinking. The defendant cab driver suddenly took off and the driver drove over the client's right leg.
Description: The case involved a man in his late thirties who had to have his arm amputated because the cast on his arm was applied too tight resulting in Ischemia of the arm.
Description: The case involved a female college freshman that was traveling as a passenger in her friend's car in route to school. The driver lost control of her car on icy road conditions and slid over the centerline on a gradual curve on the highway. An oncoming truck broad sided her car.
Description: The case involved a young mechanic who lost the sight in one eye after a medical doctor failed to diagnose the presence of a foreign metal object in his eye during routine emergency room care. Plaintiff presented to the emergency room after a fleck of metal struck his eye while he was hammering a tire rim. The result was that the foreign body formed scar tissue, which damaged the retina and this young man lost sight in his eye.
Description: Claimant was a middle aged woman injured when the at-fault driver crossed over the center line on a city street, causing a head on collision. Claimant fractured the calcaneus (heal bone) in her right foot, requiring surgery and the use of crutches for nine months. The claimant worked in an office and was able to return to work.
Description: The plaintiff's husband was taking pilot training under the supervision of defendant's employee, a Certified Flight Instructor. While practicing engine out procedures at a too low altitude, the plane went into a spin and crashed.
Description: The case involves a young woman who was driving her vehicle when the defendant's car failed to yield the right of way striking her vehicle broadside. The young woman's ankle broke and she required two surgeries.
Description: The case involved a 57-year-old woman who was operated on by, Defendant, general surgeon, for a performance of a laproscopic cholycystoctomy. In the course of the performing this procedure, Defendant's doctor lacerated the patient's common bile duct, resulting in serious liver damage.
$ 275,000.00
Outcome Type: Settlement
Type of Action:Boating AccidentsInjury: Soft Tissue Injuries to the Buttocks and Scarring
Description: A 14-year-old boy was riding on the front of a pontoon with his feet dangling in the water, the adult driver was not paying attention and the boy fell forward into the water and the propellers from the motor struck the boy on the buttocks causing loss of muscle tissue and scarring.
Description: The case involved a six-year-old girl who was bitten on the cheek by her grandfathers black Labrador. She had a rather long curved scar on her cheek that required numerous stitches. The medical expenses were $1,800.00. A plastic surgeon examined her and indicated that after she was through adolescence there could be a revision done that reduces the visibility of the scar, but it would always be present and quite noticeable. The matter was settled for a payment of $275,000.00.
Description: The case involved a defendant who lost control of his car and crossed over the centerline striking the plaintiff. (Offer before trial -- $60,000)
Description: The case involved a 7-year-old little girl who was struck by a speeding pick up truck when she drove her bicycle onto the street from her father's driveway.
Description: The case involved a 24-year-old young man who was helping people out of the ditch during a snowstorm. After helping all the people out of the ditch, he returned to his car and was hit from behind by two cars driving at excessive speed.
$ 250,000.00
Outcome Type: Jury Verdict
Type of Action:Train AccidentsInjury: Cervical-dystonia(Torticollis)
Description: A 35-year-old railroad worker (brakeman) was on an engine collided head on with another train west of Denver, Colorado. The engineer next to him was killed and the client was lucky to escape with a soft tissue injury. The railroad claimed they were not negligent, but the jury determined otherwise.
Description: Claimant was hunting and used a tree stand purchased through a mail order catalog. The tree stand collapsed and claimant sustained a severe fractured foot and was out of work for a year.
Description: The case involved a retired couple that was invited to a friend's new house. Because of the new construction they had temporary stairs put in until the permanent stairs were finished. The couple was walking up the stairs when they collapsed.
Description: The case involved a young carpenter injured by a vehicle that ran into him in a parking lot crushing him between the door and frame of his car resulting in low back surgery.
Description: The case involved a 32-year-old man who was stopped on the shoulder of the road, because of a accident between two semi tractor trailers. Without warning, a Chevrolet pick-up truck towing a loaded horse trailer, driving at a high rate of speed smashed into him.
Description: The case involved a 62-year-old woman who was driving her vehicle when the defendant lost control of her car and struck the plaintiff's vehicle head on.
$ 221,000.00
Outcome Type: Jury Verdict
Type of Action: Hunting AccidentInjury: permanent scarring and possibility of symptoms from lead poisoning.
Description: This gentleman was shot while hunting in South Dakota. He made an excellent recovery after six months but was left with permanent scarring and possibility of symptoms from lead poisoning. The jury did not buy defendantas claim that someone else must have shot the plaintiff.
$ 220,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: dislocated hip-good physical recovery
Description: The case involved a young woman who was driving her car when the defendant ran a red light and hit her broadside. The plaintiff dislocated her hip. She made a good physical recovery.
Description: The case involved a wrongful death of a 67-year-old man who entered the hospital with confusion and memory problems. While in the hospitalized he entered a secured area and fell down several flights of stairs. The injuries from the fall led to his death.
Description: The case involved an elderly woman who was getting an x-ray in a mobile unit when she was dropped by the medical personal. She died two days later due to her injuries.
Description: Claimant, retired, walked to a local dry cleaners to pick up some pants at a strip mall near his home. Precipitation was light, but the weather was cold enough so that the mist and light snow froze on the sidewalk near the entrance of the dry cleaners where claimant slipped and fell, fracturing his hip. The cleaners was open for business in the early morning hours and there was no salt or sand placed on the icy sidewalk for the protection of customers.
Description: The case involved a 48-year-old man who was involved in a seven car crash. Do to the accident he had to have two orthopedic shoulder surgeries and aggravation of a prior soft tissue neck injury. The no fault carrier not only paid the full extent of the disputed bills, but paid interest as well.
$ 195,000.00
Outcome Type: Settlement
Type of Action:Motorcycle AccidentsInjury: fractured left clavicle, eight fractured ribs, collapsed lung, loss of spleen, gouge to knees
Description: The case involved a 42-year-old man who was hit while riding his motorcycle. The defendant made a left turn directly in front of 42 year old man's motorcycle. The defendant admitted that she never even saw the motorcycle and didn't look before she started her turn.
Description: Middle aged laborer living in a HUD owned property slipped and fell on the accumulation of ice and snow outside of his townhome door. There had been prior complaints of the accumulation of ice and snow, due to the design of the townhome, which went unrepaired. Claimant slipped and fell, fracturing his hip
Description: Plaintiff was killed while at work in the shop of his employer. A customer of his employer entered the cab of his semi, and the semi began to roll, and it struck the plaintiff. The jury put much of the blame on his employer, which diminished the final amount received by the family of plaintiff.
$ 165,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: Fracture of the left femoral neck with mild anteversion and coxa deformity.
Description: The case involved a 65-year-old man who attended a function at Opportunity Partners with his wife. He drove to this event, and parked in the parking lot where other buses were transporting senior citizens to Opportunity Partners Open House luncheon. After the luncheon, he was returning to his car and walked from the sidewalk to the parking lot, passing behind several buses when suddenly one van among the buses backed out and struck knocking him to the ground. The van did not have a back-up audible signal.
Description: The claimant was a 20-year-old married father of one child who was injured in an intersection collision when another driver failed to stop for a yield sign and collided with claimant. The driver of the at-fault vehicle was not insured and this claim proceeded to a jury trial against claimant's own insurance carrier. The claimant sustained permanent soft tissue injuries to his neck and back.
Description: Sheet Rock taper fell through unguarded hole in floor. Primary claim was asserted against general contractor who had overall responsibility for site safety.
Description: A 60-year-old woman fell going down a stairway at a restaurant. It was proven at trial that the restaurant was careless in providing poor lighting. As a result of the fall, she suffered a massive hematoma in the leg, which required surgery.
Description: The case involved a 56-year-old man who was severely hurt in a car accident. The defendant exited a driveway directly in the path of Plaintiff causing a collision to occur.
Description: This case involved a young man who sustained very severe injures. There was only a combined $150,000 of liability coverage and in underinsured motorist coverage. At the time of the accident he lived with his mother who was divorced. He was insured through a group health plan by his mother and was also covered under and ERISA health plan through his father's employer. The ERISA health plan paid $118,000 of medical expenses and was claiming a first priority subrogation claim against the $150,000 of coverage. A declaratory judgment action was commenced against the health insurer and the ERISA plan seeking a determination that the health insurer should have paid the bills and should reimburse the ERISA plan. The matter was settled by the health insurer reimbursing the ERISA plan 90 percent of their payments. The ERISA plan accepted this as full satisfaction of their subrogation interest and the health insurer agreed that the client was not fully compensated and accordingly they had no subrogation interest in the $150,000 of insurance coverage, which was then able to be paid to the client.
Description: Plaintiff was a single woman, who returned to a vocational school after her mid life divorce, and was the oldest student in her classes. She received the highest grades of all the students and was immediately placed for work full time after her graduation. Less than four years later, and now a grandmother, she was involved in a rear-end collision. After settling with the at-fault driver, plaintiff proceeded in a claim against her own carrier for additional underinsured motorist benefits because of the permanent injuries to her neck and back.
Description: The case involved a 50-year-old woman who was driving her friend home. As they pulled out, a vehicle going eastbound on 11th Street struck the front left corner of her vehicle. She was taken to the hospital where she was hospitalized and had abdominal surgery performed. A portion of her stomach apparently was pushed up into her esophagus, and they had to do surgery in that area She has an incision and resultant scar from below her umbilical to the bottom of her sternum.
Description: The case involved a 22-year-old young man who was a passenger in his friend's car, when a woman pulled out in front of the car he was a passenger in. The impact shattered the windows and he threw up his arm to shield his face. He was then thrown to the side impacting with his right arm. He felt immediate pain and snapping as the bone came through his skin.
$ 130,000.00
Outcome Type: Settlement
Type of Action:Auto AccidentsInjury: Suffered a significant blow to the head. Client had five stitches about the left eye. Two left leg and knee three fractures to the tibia and fibula of the left leg. Client underwent surgical repair with rods. Significant bruising to the left side stomach
Description: The case involved a 21-year-old young woman who was camping with her friend at a local campground. While a passenger on a four wheeler, she was hit by a pick up truck.
Description: The case involved a 51-year-old woman who was a passenger in a car. Suddenly, without warning, the defendant lost control of his motorcycle and swerved directly into the path of the vehicle in which the woman was a passenger. The motorcycle hit the front of the vehicle in which the woman was riding and crashed through the window of the vehicle causing direct physical impact to her.
Description: The plaintiff suffered a soft tissue injury when defendants' negligence caused plaintiff's vehicle to roll over. The defendants claimed the damages were only $10,000, but the jury felt they were 13 times that.
Description: The case involved a wrongful death of a 70-year-old woman with Alzheimer's who wandered away from a nursing home. She was wearing a "Wander Guard" but nursing home turned off the sensors so they had no idea she had left the premises.
Description: The case involved a 25-year-old mother who was a passenger in a car driving to a ranch, when the defendant's driver failed to yield the right-of-way and smashed into the car the woman was a passenger in.
Description: Plaintiff was a mechanic on a casual Saturday afternoon motorcycle ride when a driver pulled out from a stop sign colliding into the side of the motorcycle. The claimant sustained soft tissue injuries to his foot and ankle, and fractured one of the small bones in his foot. He was able to return as a mechanic, but had to wear a permanent orthodic device in his shoe.
Description: Railroad worker was injured near Portland, Oregon in a train wreck. Defendants claimed plaintiff was under the influence of drugs, but the jury did not agree.
Description: The case involved a 41-year-old woman who was driving her car through a intersection, when suddenly, and without warning, an eastbound vehicle made a left-hand turn directly into the path of the her vehicle resulting in a severe collision.
Description: The case involved a 34-year-old woman who was coming home from work, when the defendant failed to yield the right of away at a stop sign and hit the woman car broadside.
Description: This case involved injuries to a physical therapist as a result of an intersection collision. These injuries were to the soft tissues, muscles, tendons and ligaments of the neck. As a result of these injuries the physical therapist was required to change occupations, which included his returning to school and becoming certified as a dietician and then re-entering the professional work force.
Description: The case involved a 46-year-old female nurse who was on her way home in the rain when another driver lost control of his car and hit her head on.
Description: The case involved a 58-year-old man who was stop at a red light. Suddenly, without any warning, his vehicle was violently rear ended and pushed forward in to the vehicle ahead. This was a high speed rear end collision. Five vehicles were involved in the accident.
Description: The case involved a 18-year-old young man who suffered a severe arm injury when his car was hit by a out of control driver. The 18-year-old man required three surgeries to repair his right arm.
$ 100,000.00
Outcome Type: Settlement
Type of Action:Automobile AccidentInjury: The client had over sixty stitches to the head and forehead. Client had multiple facial lacerations.
Description: The case involved a 27-year-old woman who was rear-ended by a drunk driver causing her vehicle to flip over and strike median. Client was ejected and trapped underneath the vehicle. The defendant was driving over 90 MPH when he rear ended the plaintiff's car.
Description: The case involved a 42-year-old mother of one who was driving home from her sister's house when the defendant driver ran a red light and hit her car broadside. The defendant was driving over 50 MPH when he hit her car.
Description: The Case involved a 53-year-old man who was driving his Harley Davidson motorcycle home from work when the defendant's car drove through a red light, colliding with the right rear of the motorcycle. The motorcyclist was thrown violently to the pavement, striking his head on the pavement, suffering an obvious head injury and also suffering significant bumps, bruises and contusions.
$ 100,000.00
Outcome Type: Arbitration Award
Type of Action:Wrongful DeathInjury: Wrongful Death on Indian Casino Reservation
Description: A 19-year-old young man died while being restrained by security personnel at a Casino/Hotel on an Indian reservation. After resolving sovereign tribal immunity issues, this case proceeded to binding arbitration resulting in a recovery for the family of this unmarried emancipated 19-year-old young man.
Description: The case involved a 16-year-old young woman who was a camp counselor at a camp in Minnesota. As she was driving the camps van into town to pick up a few things, she was violently rear-end by another van.
$ 100,000.00
Outcome Type: Settlement
Type of Action:Dog BitesInjury: Puncture wounds(42): hand, elbow, chest, thigh and calf.
Description: The case involved a 18-year-old young woman who was helping out a her boy friend's dairy farm. A neighbor's dog attacked her without warning.
Description: The case involved a 77-year-old man who was a back seat passenger in a car that his daughter was driving. As they were driving through a stoplight, they were hit by a car that ran the red light.
Description: The case involved a young woman who was a passenger on a motorcycle that was fleeing police. She fell off the back of the motorcycle and was run over by the police car.
Description: The case involved a 47-year-old man who was driving his Harley Davidson motorcycle to a picnic. A man driving a Cadillac Escalade failed to yield right of way and smashed into the motorcyclist.
Description: The case involved a 49-year-old woman who was a passenger in her husband's car. The accelerator stuck, causing the vehicle to slam into a building.
Description: The case involved a 45-year-old man who was driving his car when a car cut in front of his car without warning. The car in which he was driving spun out and flip over. The defendant had been drinking.
$ 100,000.00
Outcome Type: Settlement
Type of Action:Motorcycle AccidentsInjury: Fracture left forefinger, fracture left tibia(surgery), left ankle and shatter left elbow(Surgery)
Description: The case involved a 31-year-old who was riding his motorcycle, when the defendant driver failed to yield the right of way and smashed it the motorcycle.
$ 100,000.00
Outcome Type: Settlement
Type of Action:Pedestrian AccidentsInjury: Client has road rash to the right side back, right hip, and also skin grafting from the right hip and buttock area. Client also suffered a significant deep lacerations/ open wound to the left knee.
Description: The case involved a 19-year-old young man who was walking to a friend's party, when someone leaving to party jumped into his van and ran over the young man. The young man was dragged under the van for about 100 feet. The driver of the van was exstemely intoxicated.
Description: The case involved a 82-year-old woman who was injured when an automatic door closed in on her and knocking her to the ground and fracturing her hip.
Description: The case involved a woman who was driving a car that was rear ended by the defendant's car. Her car had no property damage. Before trial the insurance company offer zero to settle this case. The plaintiff claimed pain in her neck and back since the accident. The defendants doctor said " she could not have injured her neck and back without damage to the car".
Description: The case involved a man with pre-existing neck and back injury whose vehicle was struck in the rear by the defendant's vehicle. Before the trial the defendant offer $5000 to settle the claim. The plaintiff claimed the accident aggravated his pre-existing injury.
Description: The case involved a 40-year-old mother who was heading from her parents home in Watertown to her home. She was driving her 1994 Chevrolet Blazer. Heading westbound on Highway 55. She stopped in a long line of traffic. Her car was struck from behind by an International semi tractor- trailer truck.
Description: The case involved a 38-year-old woman who was driving home from a friend's house, when a drunk driver drove through a red light and hit her vehicle.
Description: The case involved a police officer, was asked to detain an intoxicated passenger exiting an airplane. The passenger became violent and the plaintiff was knocked to the floor of the jet way, sustaining a brain injury. He was disabled from his former employment as a police officer.
Description: This case involved claims by 51 families against a doctor and a hospital. The doctor was mentally ill and was routinely misdiagnosing the children with primary immunodeficiencies. They were placed on intravenous immune globulin infusions every 28 days. They were restricted in their activities, but sustained no physical harm as a result of the treatment.
MINNEAPOLIS, MN -August 20, 2007- In the days since the tragic collapse of the 35W Bridge over the Mississippi River in Minneapolis the law firm of Schwebel, Goetz & Sieben was...
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