Representative Cases"Confidence comes from being prepared.” Lynn Cole v. LawsonMr. Bley represented Lynn Cole, injured in an accident with a truck. The truck driver was driving a truck and flatbed trailer on a highway in Boone County, Mo. The trailer contained a load of wood from the demolition of a house. A collision occurred after dusk. The truck had stopped on the highway to make a left hand turn when our client’s vehicle approached it from the rear and struck the trailer, which she said she could not see clearly because brake and taillights were not working. Wood from the trailer bed pierced the windshield and hit our client’s face, causing blindness in one eye, severe facial lacerations and other trauma. Several questions were at issue, including whether the wood was properly secured, whether it extended off the end of the trailer bed, and whether the brake lights were functioning properly before the truck was struck. The case settled for $800,000 Jodie Harmon v. BohonMr. Bley represented Jodie Harmon, a 26-year-old who suffered a cervical spine fracture after the vehicle she was riding in was hit by a drunk driver who ran a red light. Her injury has resulted in significant diminishment in her range of motion, physical restrictions and job limitations. The case settled for $650,000. Lucie Hess v. Crouse Cartage., et alMr. Bley represented Lucie Hess in a wrongful death case relating to the loss of her 45-year-old husband. A tractor-trailer truck crashed into another vehicle on a highway in Boone County, Mo, causing that vehicle to cross the median and collide head-on with the vehicle driven by Mrs. Hess’ husband. The case settled for $1.7 million. Don Debolt v. Deuser (doing business as Uncle Harry’s Water Slide), et alMr. Bley represented Donald Debolt, a 40-year-old CPA injured when he and his sons were sliding on a water slide in Lake of the Ozarks, Mo. As Mr. Debolt slid down the slide, he hydroplaned across the surface of the exit/splash pool and struck his head against the back wall. He sustained spinal cord contusions that resulted in paraplegia and partial quadriplegia. Bley Law Firm, P.C. filed suit against the proprietors of the water slide, safety inspection companies that failed to notice defects with the size of the splash pool and insurance carriers that had separately charged for inspection fees prior to the incident in question. The case settled for $2.1 million. Danny Sutton v. William AslenMr. Bley represented Danny Sutton, a 48-year-old self-employed roofer who suffered severe orthopedic injuries and mild traumatic brain injury in a motor vehicle collision caused when the other driver failed to yield at a stop sign intersection. The case settled for $1,050,000. Country Mutual Insurance Company v. Richard Matney et alMr. Bley represented Richard Matney injured in a car accident. The insurance company refused payment under the theory that the owner of the car (the father of the driver) had gifted the car to his daughter but therefore there was no insurance interest with the policy and nothing was owed. The company filed a declaratory judgment action against our client and requested that the court rule that there was no coverage available for Mr. Matney. Our attorneys argued that ownership of the insured vehicle was irrelevant with respect to liability insurance coverage, when the policyholder had not cancelled the insurance policy. The trial court and Western District Court of Appeals agreed and coverage was established for Mr. Matney. Judgment $100,000. Donald Martin v. USF&GMr. Bley represented Donald Martin in Missouri Supreme Court in order to establish insurance coverage for Mr. Martin’s catastrophic injuries. The insurance company denied coverage through the trial court and Western District Court of Appeal proceedings. The Supreme Court ruled in favor of Martin and declared the insurance company responsible for coverage. Judgment of $400,000. Kaytina Harrison v. Purdy Brothers Trucking Co.Mr. Bley represented Kaytina Harrison in a wrongful death claim against the interstate trucking company and its driver for negligently causing the death of her 8-1/2 year-old son. Jury verdict of $3,000,000; case appealed to the Eighth Circuit-affirmed, 312 F.3d 346. Total judgment including pre- and post-judgment interest and costs collected, approximately $34,000,000. David Waters v. Associated Electric Cooperative et alMr. Bley represented David Waters, who suffered a bilateral leg amputation as a result of a defect in a secondary air heater that he was working on. Confidential settlement. William Owens v. T-Line Transportation et alMr. Bley represented William Owens in a catastrophic injury claim against an interstate trucking company and its driver for negligently causing a violent collision on Highway 54 in Cole County, Mo. Confidential settlement. Turner Children v. Des Cygne Denney EstateRepresented three minor children of deceased mother; maternal grandmother died and the three children were the lineal descendants to receive their mother's share of the deceased grandmother's estate. Litigation ensued regarding whether or not an inter vivos trust for the benefit of the grandmother had been properly funded by the paternal grandmother's husband. The husband of the paternal grandmother had also died and this litigation involved will contest, and fraud and constructive trust theories against the estate of the father of the paternal grandmother; that litigation was pending in Texas and California; after two days of mediation the case settled for approximately $12,000,000; the three children's share was approximately $3,000,000 after payment of attorney fees. Co-counsel in this case with very fine firms out of Texas and California. Mr. and Mrs. Smith v. ABC Trucking (names not disclosed due to confidential settlement)Truck accident that occurred in rural Missouri when tractor-trailer truck failed to yield to oncoming motorcycle and struck the motorcycle at the entry ramp to a highway. Significant orthopedic injuries to the driver of the motorcycle and his wife who was a passenger. Wife's case settled prior to our representation. Driver's case settled after discovery completed and in mediation for $1,550,000. Co-counsel in this case was very fine trial lawyer from Des Moines, Iowa. David Russell v. Endicott ElectricConstruction accident case where plaintiff was standing on a stepladder leaning against a metal pole on a concrete floor attempting to secure a steel I-beam to a steel post. The ladder slipped out from underneath the worker causing him to fall and impale himself on a piece of electrical conduit that was projecting out of the concrete floor. Claim against the electrical contractor for negligently creating a hazardous condition in the workplace. Case tried in arbitration: Arbiter determined total damage to be $2,000,000; 75% of the fault attributed to the plaintiff; net recovery for plaintiff, $500,000. Mr. and Mrs. Adams v. Acme Trucking (names changed due to confidential settlement)Wrongful death of 15 year old son when, while traveling through Tennessee, a tractor trailer truck struck the rear end of the family vehicle causing it to spin out of control and the child to be ejected out of the back window ultimately resulting in child's death. Case settled after filing suit but prior to taking of depositions of the parents or the truck driver. Settlement $1,500,000. Mr. and Mrs. Jones v. DEF Truck (names changed due to confidential settlement)Wrongful death of 19 year old minor child that occurred when truck failed to yield by turning into a private driveway in front of the oncoming car driven by the 19 year old daughter of the plaintiffs. Witnesses indicated that the daughter's vehicle was exceeding the posted speed limit when it passed witness's car just prior to time of collision. Southwest Missouri case. Case settled in mediation. $950,000. |