Verdicts & Settlements
Highway Defect and Construction Zone Accident Verdicts & Settlements
$3.1 Million Award Against Highway Department for Defective Highway
A husband and wife were riding a motorcycle on a highway outside of downtown Kansas City, Missouri when they encountered an unmarked “S” curve on an elevated portion of the highway causing the husband to lose control of the motorcycle. The husband and wife were ejected from the motorcycle and fell between a gap in the median instantly causing the death of the wife and serious injuries to the husband. Investigation revealed there were no warning signs informing the driver of the existence of a sudden sharp right curve and there was inadequate lighting at night. An arbitration panel awarded a combined sum of $3.1 million dollars for the wife’s death and the husband’s serious personal injuries.
$3 Million Award Against Highway Department and Contractors For Defective Construction Zone (click here to see related article)
In what appeared to be a routine traffic accident, our client failed to stop at a stop sign and was struck and killed by an oncoming motorist. After extensive investigation, Nash & Franciskato were able to prove that the intersection was dangerous due to changes made during ongoing construction. The contractors on the project had built large dirt mounds at the intersection that had blocked visibility of the intersecting highway. Additionally, the Highway Department had removed a flashing red light that had been at the intersection for 30 years, and failed to compensate for the removal with any advance warning signs. It was also discovered the Highway Department had received several complaints about the intersection prior to the accident. The contractors settled the case prior to trial for $505,000. The remaining claims were tried against the Highway Department before a panel of three arbitrators, who awarded $2.5 million.
$1.5 Million Settlement Against Contractor for Edge Drop Off
A client suffered severe permanent lung injuries after losing control of his vehicle upon encountering a four inch pavement edge drop-off. There was no warning of the edge drop-off and no markings on the highway to alert drivers to the dangerous condition.
$750,000 Wrongful Death Settlement Against Paving Contractor
A 19-year old woman died when the car she was riding in lost control after encountering an unmarked, dangerous pavement edge drop-off on Interstate 70. The paving contractor failed to put up any warnings about the pavement edge drop-off or make any attempt to alert drivers to the dangerous condition. A pavement edge drop-off of just two inches can cause a driver to lose control.
Products Liability/ Medical Devices Verdicts and Settlements
$15 Million Verdict Against Goodyear for Defective Tire
Mark Parrish, of Nash and Franciskato Law Firm, along with Randy James, represented a client who suffered serious brain injuries when a motorcycle on which she was a passenger went out of control. Extensive investigation revealed that the tire was defectively manufactured because the nylon cords were improperly molded into the inner liner at the time the tire was manufactured. After a 3 week trial, the jury returned a unanimous verdict in favor of the client, awarding her $15,000,000 to cover past and future medical needs.
$4.5 Million In Collective Settlements for Defective Hip & Knee Replacements
Our trial attorneys have represented clients throughout the United States involving defective joint replacement devices. We have primarily dealt with cases involving knee and hip implants that failed because of the plastic prematurely failed due to the sterilization process. In some cases, the clients were required to have a revision surgery, resulting in additional medical expenses and pain and suffering.
Confidential Settlement for Defective Pain Pump Utilized Post Surgery
Our client suffered from painful bunions on both feet. She experienced severe complications after a bi-lateral bunionectomy, requiring her to undergo three additional surgeries. Our medical review and investigation revealed the manufacturer of the pain pump, utilized in the post operative recovery, misrepresented information regarding the proper use and placement of the pain pump. The case settled for a confidential amount after filing a lawsuit.
$220,000 Settlement for Defective Valve Mechanism in Irrigation System
A client, who was working on an irrigation system that was under pressure, sustained serious injuries to his eye and arm, when a valve mechanism and safety cap on the irrigation system exploded and struck him in the arm and face. Engineers, hired by the attorneys at Nash & Franciskato, concluded that the safety cap was defective because it lacked safety chains and had inadequate warnings. Shortly after the accident, the manufacturer redesigned the safety cap to include a warning label and restraining chains.
Trucking Case Results
$2 Million Settlement: Trucker Runs Over Mother on Bicycle
Our client was on a bicycle ride with her 11 and 3 year old daughters. She was pulling the 3 year old in a bicycle trailer. Our client was walking her bicycle across an intersection, within the cross walk, when a truck driver failed to yield and turned right on a red light, striking our client, killing her instantly. The case settled before a lawsuit was filed for $2,000,000.
Confidential Settlement: Truck Drivers Are Racing Down the Highway
Our client, who was a back seat passenger in an automobile driven by a friend was rendered quadriplegic in an accident with a truck. At first, it appeared that the driver of the automobile was entirely at fault for the accident. However, after extensive investigation, the attorneys at Nash & Franciskato Law Firm were able to prove that the truck driver had been "racing" down the highway with another trucker, and that the trucker's speed, when passing the automobile, created wind turbulence that caused the automobile driver to lose control.
The trucking company settled the case for a confidential amount.
1,100,000 Total Settlement Value: Truck Driver Falsified Log Books (Click here to see related article)
Our client was severely injured when his truck was struck from behind by a semi-tractor trailer, causing him to be knocked over a bridge, falling 40 feet to an under pass below. The attorneys at Nash and Franciskato Law Firm were able to prove that the truck driver had violated Federal regulations, driving 7 hours in excess of the daily limit and falsified his mileage log books.
Total settlement amount with all parties was in excess of $1,100,000 including a payment of $952,000 plus payment of a $154,000 workers' compensation lien.
$560,000 Settlement: Semi-Driver Knocked a Dump Truck Off the Interstate
Our client was a front seat passenger in a dump truck that was struck from behind by a semi on Interstate 29 in Clay County, Missouri. The force of the impact knocked the dump truck off the highway, causing it to roll several times, ejecting the client and the driver. The client suffered a head injury, requiring brain surgery at KU Medical Center.
The trucking company settled the case for $560,000.
$575,000 Settlement: Fatigued Trucker Smashes Into Rear of Car
Our client was the victim of a tired trucker who failed to see slowing vehicles in front of him and crashed into our client's car. The traffic was slowing because another truck had spilled lumber on the highway. Our client's left ear was severed in the accident and could not be reattached.
We obtained settlements totaling $575,000 from the two truck companies.
Premises Liability Results
$475,000 Settlement Against Restaurant for Dangerous Stairs
An elderly female client fractured her hip, when she fell down the stairs of the Iron Horse Restaurant in Blackwater, Missouri. After her hip replacement surgery, she developed post-operative respiratory failure and other complications that required her to be hospitalized for almost 2 months and ultimately lead to her death. The attorneys at Nash & Franciskato were able to prove the stairs were defective because of inadequate lighting and the installation of an improper handrail. The case settled for a sum of $475,000.00.
Confidential Settlement Against Pharmacy for Dangerous Stairs
An elderly female client sustained severe injuries when she fell down stairs at a local pharmacy. Until the accident, our client was self-sufficient and lived with her husband at their home in Kansas City. Unfortunately, the injuries required the client and her husband to move from their home of 30 years into a nursing home. The expert engineer obtained by Nash & Franciskato was able to prove that the stairs were defective and violated Code requirements, resulting in a confidential settlement for the client.
Settlement for Failure to Remove Snow and Ice from the Sidewalk
Our client, a young male, broke his wrist when he fell on a snow and ice covered sidewalk. The attorneys at Nash and Franciskato Law Firm contended that Planet Sub was negligent in failing to remove the snow and ice from the sidewalk leading to the parking lot. The case settled for $35,000 before a lawsuit was filed.
Settlement for Failure to Remove Water in the Women's Bathroom
Our client, a female college student, injured her knee when slipped and fell in water on the bathroom floor of her college dormitory. The attorneys at Nash and Franciskato Law Firm contented the janitorial service, who had just cleaned the bathroom, were negligent in leaving water on the floor. The case settled for $30,000.
$30,000 Verdict for Dangerous Water Meter Cover
An eight year old girl was walking along the sidewalk, and sustained straddle injuries when she stepped on a water meter cover causing her to leg to fall in the pit. A jury returned a verdict of $30,000 against the Water Department of Kansas City, for failing to repair the meter cover.
