Families of men killed by a police cruiser awarded $1.37 million each
The families of two men killed when a speeding police cruiser crashed into their truck on Thanksgiving Day in 1998 are entitled to compensation of $1.37 million each, a Hennepin County District Court jury decided earlier this month. However, the municipality liability and underinsured motorist (UIM) limits cap that recovery at $400,000 for each family….
Fatal accident near University sparks criminal and civil charges
A Minneapolis man faces criminal and civil charges following a March 6 accident outside Mariucci Arena that killed a University of St. Thomas student. Jason Brank, 22, allegedly lost control of a red Volkswagen Jetta shortly after 1 a.m. and struck a light pole at Oak and Fourth streets southeast. Passenger Amie Moland, 20, was…
Attorney Jim Weinmeyer Receives National Certification
Minneapolis, MN (April 21, 2000) – The law firm of Schwebel, Goetz & Sieben, P.A. is pleased to announce that James G. Weinmeyer Esq., has been certified by the National Board of Trial Advocacy (NBTA) as a Civil Trial Specialist. The NBTA, a nonprofit organization founded in 1977, was created in the public interest to…
Attorney Mark Gruesner Recieves National Certification
Minneapolis, MN (April 21, 2000) – The law firm of Schwebel, Goetz & Sieben, P.A. is pleased to announce that Mark H. Gruesner Esq., has been certified by the National Board of Trial Advocacy (NBTA) as a Civil Trial Specialist. The NBTA, a nonprofit organization founded in 1977, was created in the public interest to…
Economic contribution relevant under No-Fault Act
A decedent’s economic contribution and consumption are relevant factors when determining the extent of a survivor’s dependency under Minn. Stat. sec. 65B.44, subd. 6 (1998), ruled the Court of Appeals. An arbitrator granted a surviving spouse economic-loss benefits under Minnesota’s no-fault statute, even though testimony demonstrated that the decedent’s economic contributions equaled her economic consumption….
Accident-prone plaintiff gets $164K for fourth collision
Can a plaintiff who has had three prior automobile accidents recover a significant amount for injuries sustained in a fourth accident? Minneapolis attorney Paul E. Godlewski took on such a case — and a Hennepin County jury awarded his client $164,000. (The net verdict was $134,000 after $30,000 was offset for no-fault benefits paid.) In…
“Low Speed Impacts: Does No Property Damage = No Injuries?”
Article Author: Paul E. Godlewski Introduction Lawyers representing injured victims of automobile collisions continued to encounter the use by the insurance industry and the defense bar in no fault and liability claims of "experts" to "prove" that the victim could not have been injured in the accident because the speed of the impact was "too…
Closed head injuries can lead to increased recoveries
Although a closed head injury can add a lot of value to a case, plaintiffs’ lawyers and their clients sometimes overlook the existance of these injuries . Since it can be difficult to prove brain injuries, many attorneys simply refuse to take closed head cases. However, once the injury is understood, and the attorney is…
“How to Litigate Soft Tissue Cases”
Article Author: Richard L. Tousignant INTRODUCTION The MTLA and the ATLA are both providing seminars on how to deal with companies such as Allstate and State Farm and their low settlement offers. No seminar is going to tell you how to handle the low settlement offer. Collectively, the most effectual way to handle low settlement…
When to make a federal case out of it
In a case that can be filed in either federal or state court, which forum should you choose? With federal filings in Minnesota down 29 percent in the last year, a number of local practitioners said that they would opt to bring their case in the U.S. District Court. Among the reasons cited by practitioners…
Top Ten Litigators Winnin’-sotans
The top litigators in Minnesota include one of the nation’s most prominent and successful trial lawyers, one of the nation’s most prominent auto products defense attorneys and the lead counsel for the plaintiffs in the massive $5 billion verdict in the Exxon-Valdez case. James R. Schwebel: Minneapolis’ Schwebel, Goetz & Sieben P.A. James R. Schwebel…
Top Ten Litigators – Winnin’-sotans
Top litigators include prominent nemesis of Big Tobacco plus defenders of automakers. BY MARGARET CRONIN FISK NATIONAL LAW JOURNAL CONTRIBUTING EDITOR The top litigators in Minnesota include one of the nation’s most prominent and successful trial lawyers, one of the nation’s most prominent auto products defense attorneys and the lead counsel for the plaintiffs in…
Proposal would abolish peremptory removals
The Conference of Chief Judges is considering a proposal that would eliminate lawyers’ right to peremptory removal of judges in civil and criminal trials. Currently, attorneys can have the first judge assigned to their case removed without offering any reason for their request. Subsequent removals require a showing of cause, such as prejudice on the…
Insurers ‘get tough’ with soft tissue cases
Soft tissue injury cases are increasingly likely to proceed to trial due to “get tough” pre-suit strategies adopted by many insurance companies. Under the new approach, insurance companies deny many soft tissue injury claims, and restrict the discretion of their adjusters to negotiate. Even in cases of clear liability, insurance companies are directing their adjusters…
Focus on Safety 1999
Safety is as fundamental to trucking as the freight it carries, but never has it been more important in the public’s mind. Recent events, such as the Bourbonnais, Ill., train crash or the rollover of a tractor-trailer carrying black powder in Virginia, have put safety in the spotlight. The Bourbonnais incident – which left 11…
It’s Trend vs. Numbers in Fatality Debate
Are highway travelers safe from big trucks? It all depends on what numbers are used to quantify safety. Despite more trucks on the roads, the likelihood of being in a fatal collision with a commercial vehicle has declined steadily since 1975 in the United States. However, the number of people dying in truck-related road accidents…
Dog-bit cases can lead to significant recoveries
While dog-bite claims present some unique challenges to plaintiffs’ lawyers, they can lead to significant verdicts and settlements. A plaintiff-friendly statute makes liability against the dog’s owner relatively easy to establish — so long as the plaintiff was not trespassing or provoking the animal at the time of the injury. Damages, however, can be another…
5 Men Died in a Horrific Boat Crash on the St. Croix River
Stillwater, Minnesota, July 14, 1999 – When five men died last July 3 in a horrific boat crash on the St. Croix River, all of them were legally drunk, according to Washington County Sheriff Jim Frank. In that accident, a larger 27-foot powerboat, believed to be driven by Scott R. Deville, 33, of Dresser, Wisconsin,…
“What Every Trial Lawyer Should Know: The Impact of the Joiner and Carmichael Decisions On Expert Testimony”
Article Author: Paul E. Godlewski I. INTRODUCTION The recent United States Supreme Court decisions of General Electric Co. v. Joiner and Kumho Tire Co. Ltd. v. Carmichael will immediately impact expert witness testimony under Federal and Minnesota Rules of Evidence 701 and 702. Minnesota, like most states which have codified the rules of evidence,…