Here are three of Von Erdmannsdorff, Mowry & Bartlett’s recent case results as reported in Missouri Lawyer’s Weekly:

Man Loses Part of Leg After Motorcycle Accident

$1 Million Settlement

A motorcyclist who suffered a below-the-knee amputation after an accident reached a quick settlement for the policy limits.

The motorcyclist was driving his motorcycle home from work at the Ford Motor Plant on I-435 in Kansas City. On the entrance ramp to Highway 169, another driver pulled his 1998 Dodge Dakota from the shoulder of the road, and the motorcyclist braked but collided with the truck broadside.

The motorcyclist’s right leg was amputated below the knee due to the severity of the injuries. He was fitted with a prosthesis. The motorcyclist eventually returned to his job as an electrician for Ford but was not sure of his ability to continue the work.

The operator of the Dodge Dakota was employed to mow along highways for the state. At the time of the accident, he did not have a valid driver's license and was not supposed to be operating a truck.

Attorneys for the motorcyclist made a demand for the policy limits of the Dodge Dakota’s coverage and the limits were offered.

"I think the key to resolving this claim quickly for our client was filing the lawsuit shortly after the incident, taking key depositions quickly and making the demand [for the policy limits], which placed significant pressure on the insurance company to resolve the claim," said Kansas City attorney Eric Bartlett, who represented the plaintiff.

Man Develops Blood Clots After Accident

$400,000 Verdict

A man injured in a motorcycle accident has won $400,000 in his legal action against his insurance company.

The man was driving his motorcycle on Interstate 35 in Kansas City. When traffic suddenly slowed for another accident, the motorcyclist was rear-ended by a woman who was an uninsured driver. His motorcycle was pushed into the vehicle in front of him — ejecting and catapulting him about 50 feet in the air before landing on the pavement. There were several other rear-end collisions that occurred behind Pinney's motorcycle.

The motorcyclist was taken to the emergency room by ambulance, suffering from chest trauma, blunt abdominal injury and a closed head injury. He remained in the hospital one day, but returned to his family doctor eight days later complaining of shortness of breath. Testing showed normal results, but his shortness of breath continued.

Several months later the motorcyclist attempted to settle his claim with his insurance company, based on his injuries and medical condition to that date. But his lawyers rejected the insurance company’s $17,182 settlement offer and filed suit.

Nine months after the wreck the motorcyclist was taken to the emergency room where he was diagnosed with pulmonary emboli — blood clots in the lungs. He was hospitalized for six days — including three days in the intensive care unit — and was prescribed lifetime blood thinners with monthly blood testing upon his release.

At trial, the motorcyclist claimed that the blood clots were related to the motorcycle wreck.  The insurance company argued that there was no proof the other driver was uninsured. The company's pulmonary expert offered live testimony that the pulmonary emboli which developed nine months after the wreck were not related to the wreck and that it was medically implausible to link the emboli to the wreck.

After a three-day trial, the jury returned a $400,000 verdict in favor of the motorcyclist.

Woman Fell in Grocery Store

$300,000 Verdict

At about 5:45 p.m. a woman was shopping in a grocery store in Kansas City.

The woman had been in the store for about 10 minutes when she fell in the deli department, hitting her head. She said there was water on the floor.

She testified later that there were employees nearby when she fell, but no employee admitted witnessing the incident.

The woman and her friend she was with left the store but called on her cell phone from the parking lot. She talked to the manager and reported that she had fallen.

The next day, the woman went to the emergency room, complaining of a headache and blurry vision in her right eye that had developed immediately after the fall. She was diagnosed with a concussion and was referred to an eye specialist.

Her treating physician, a retina specialist, testified that the impact to her head caused asymptomatic, abnormal blood vessels in her right eye to burst, resulting in bleeding and swelling into the retina. The doctor testified that the woman was legally blind in her right eye. She underwent a laser procedure to stop the bleeding, but claimed there was no treatment for her diminished vision. She now must were protective glasses to protect her eyes from further injury.

The woman, an ICU nurse, missed only three or four days of work after the incident, but testified that her job was now extremely difficult because of her vision problems. She said she was unsure how long she would be able to continue working.

At trial, the woman’s lawyers argued the store either knew about the water on the floor or should have had regular and consistent procedures in place that would have revealed it. Employees testified they tried to inspect the floor of the store every hour, although it was not always done. The woman’s expert on grocery store operations testified that if the store had regular and consistent inspection procedures, the water could have been detected in a reasonable time prior to the fall.

The store argued that the woman was at fault for failing to keep a careful lookout.

After a two-day trial, the jury assessed damages at $300,000 and allocated 100 percent of the fault to the store.

Von Erdmannsdorff, Mowry & Bartlett’s  past results  affords no guarantee of future results because every case is different and must be judged on its own merits.

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