J.B. won a case against General Motors involving faulty brakes on a tow truck. J.B. was an electric power linesman who was removing downed power lines at the scene of an automobile collision. A tow truck arrived at the scene to remove some vehicles. The driver testified that he put on the "Tow Brake", but witnesses stated that after the driver left the vehicle, they heard a "pop" and the vehicle began to roll down an incline toward J.B. As the vehicle rolled onto J.B., he was dragged down the incline for 60 feet before the vehicle came to rest on top of J.B. J. B. sustained horrific, life altering injuries. General Motors claimed the accident was caused by poor brake maintenance. However, attorneys Todd Muchnick and Gerald M. Dunne (formerly with KWMW) demonstrated that the brake design was faulty and that there had been three prior lawsuits involving the same problems. J.B. received a favorable jury verdict and was awarded $12.5 Million Dollars. His wife received a verdict for $3 Million Dollars. J.B. also received a rare award for punitive damages in the amount of $4 Million Dollars. The total verdict of $19.5 Million Dollars is still one of the largest verdicts for personal injury in the State of Missouri.
The parents of E.M. retained partner Todd Muchnick, Esq. of KWMW to sue a tire shop and a tire manufacturer after she was injured in an automobile collision in which a tire the shop inspected lost its tread on a highway. The 2½-year-old girl sustained substantial injuries and disfigurement as a result of the tire failure. The tire in question had been inspected but not replaced by the tire retailer prior to the accident. While driving on the highway, the tire tread separated from the van in which E.M. was a passenger. The van crashed and E.M. was ejected from the van onto the highway. The case settled with some of the potential defendants before trial, however, the tire dealer would not settle. The dealer claimed they had no duty to advise as to the poor condition of the tire even though they inspected the tires. The case went to trial and attorney Todd Muchnick successfully obtained a jury verdict in the amount of $300,000.00 against the tire dealer.
D.S. went to the hospital in another
state for elective neck surgery. D.S.'s family lived in St. Louis
and hired attorney Albert S. Watkins of KWMW to represent their
father and husband's interest. Unfortunately, the anesthesiologist
made a mistake during surgery in the administration of oxygen through
the center-line. D.S. became brain damaged and comatose. He died
from this alleged incident about a week later. The hospital and the
doctors initially declined responsibility and claimed D.S.'s death
was simply a risk of surgery! KWMW aggressively pursued evidence
prior to filing a lawsuit. KWMW's medical experts demonstrated that
a serious mistake had been made in the handling of the oxygen flow during the
procedure and that D.S.'s death was not simply a risk of surgery. The case settled
in the seven-figure range without ever having to file a lawsuit.
F.H., a bus driver who was in an
accident which received national attention, hired KWMW to pursue
his Worker's Compensation claim for the serious debilitating injuries
he received in the accident. The bus collided with a tractor-trailer
during a major blizzard in the middle of winter. The front end of the bus was
destroyed and the driver's cockpit was crushed. The driver sustained serious
permanent injuries to his legs requiring several surgeries. He was hospitalized
for several months and required a great deal of physical rehabilitation just
to learn to walk again. The bus company did not want to adequately compensate
the driver for the serious permanent and total injuries he sustained. Attorney
D. Andrew Weigley of KWMW successfully tried the case and F.H. received a Permanent
Total Disability Award from the Division of Worker's Compensation.
KWMW represented the family of
a high school star athlete and sued the driver of a vehicle in which
he was a passenger after he died in an accident. The young star's
family was devastated as a result of the loss and felt as though
they were not being treated fairly by the insurance company for the
driver. It was impossible to put a monetary value on the life of
their son. Unfortunately, any insurance policy would be inadequate
to compensate the young man's family. KWMW provided able and thoughtful
counsel in arriving at a resolution that would assist the family
in moving forward.
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In
a much-publicized St. Louis case, a minor child and her father, on
behalf of their deceased mother and wife, O.M., filed suit against
the state highway department and a defendant who dropped a 22-pound
boulder over an overpass in the City of St. Louis. O.M. was decapitated
and killed when the individual defendant dropped a chunk of concrete
curb over the overpass onto and through O.M.'s windshield. A judgment
was granted against the individual defendant for $1.4 Million Dollars.
KWMW argued the case against the State Highway Department before
the State Supreme Court. The attorneys for O.M. argued that overpasses
on major thoroughfares should be protected or guarded to prohibit
objects from being dropped onto the highway from above. Though the
ruling was in favor of the State Highway Department, the firm continues
to pursue causes for a safer highway system.
The
children of a deceased individual entered a confidential settlement
for a substantial amount against an automobile manufacturer as
a result of a vehicular "roll over" in a collision. The deceased
was a passenger in a vehicle type known to have a propensity to roll
over in certain situations. The vehicle was rear-ended by an alleged
speeding, uninsured, unlicensed, intoxicated, illegal alien defendant.
The probabilities of receiving a recovery from this individual
were not very good. However, the individual died when the vehicle
rolled over after being rear-ended. The vehicle manufacturer claimed
that the vehicle was not required to remain stable after such an
impact.
Attorneys D. Andrew Weigley and
Mark C. Kodner of KWMW were retained to represent a seriously injured
worker who sustained life altering permanent injuries resulting in
paralysis from the waist down that kept him from ever returning to
work. J.N. was a construction worker who fell from a high steeple
on top of a large roof. The beam on which J.N. was leveraged snapped
and he fell to the ground thereby sustaining life-threatening injuries.
J.N. was paralyzed from the waist down. KWMW successfully fought
for modifications to J.N.'s home; secured a disabled van which J.N.
could operate and which could transport his wheelchair; recovered
life long benefits and an annuity.
The mother of a fourteen-year old child who died while a passenger in a vehicle
that was hill jumping on the infamous "Seven Hills of Death" retained KWMW
to pursue the teenage driver of the vehicle. The driver of the vehicle was going
on a "thrill ride" with five young people in his vehicle. The driver drove at
a high rate of speed over the hills on the roadway in order to "hill jump" or
have the vehicle actually jump over the hill with its wheels off the ground.
The vehicle jumped a hill, lost control, left the roadway and struck a tree.
The plaintiff died. The case settled without the necessity of trial.
C.D. broke her neck while trying
to enter the highway known as "Blood Alley".
C.D. made a left turn onto the highway from her neighborhood. The defendant
allegedly came down "Blood Alley" at such a high rate of speed that she struck
C.D.'s vehicle thereby destroying both cars. C.D.'s neck was broken and required
surgery to repair. KWMW alleged that the roadway was clear for her to turn
and that the defendant was speeding. C.D. was familiar with the area as she
lived there for years. The defendant alleged that C.D. failed to yield the right
of way. The case was settled for the defendant's policy limits without the necessity
of trial.
K.C. sued a store that cashes paychecks after he was shot and seriously wounded
by an armed robber. K.C. was shot in the parking lot of the store while sitting
in his vehicle. KWMW discovered evidence, which revealed that the check cashing
operation had several prior violent criminal occurrences, but they did not provide
adequate security for their customers. K.C. lost a kidney as well as sustaining
several injuries and psychological trauma. The case was resolved for approximately
$170,000.00 even though the store argued they could not be liable for the gunman.
J.K. sued a negligent driver who
rear-ended her after allegedly failing to stop at a stoplight. J.K.
was hospitalized with broken bones and severe injuries. J.K. achieved
enough recovery of her physical condition to return to work. However,
she incurred over $30,000.00 in medical bills and lost earnings.
KWMW prepared the case for a jury trial when the case was resolved
for approximately $150,000.00 in a very conservative jury venue.
$2.15 Million Settlement. A man who suffered debilitating injuries in an automobile collision has settled his case for $2.15 million. On April 16, 2004, William Meyer was traveling eastbound on Manchester Road in St. Louis County. Jocelyn L., a 16-year-old who had received her driver’s license two months earlier, failed to yield and make a left turn into the path of Meyer’s midsized sedan. Jocelyn was driving her parent’s full-sized sport utility vehicle. Meyer, 66, sustained a fracture of his C2 vertebra and was in a coma for a week. He remained hospitalized at St. John’s Hospital for several months, and then received extensive rehabilitation at a long-term care facility. Due to his injuries, Meyer lost about 90 percent use of his right arm. He also suffers from right drop foot that hinders his mobility, although he is able to walk with a cane. Formerly a professional landscape/seascape photographer, Meyer is now unable to take photographs due to his physical condition. During mediation, attorney Todd Muchnick secured a $2.15 million settlement.
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