Past results are no guarantee of future success. Each case is different.

JC v. Doncasters, Inc., No. , In The Circuit Court, Franklin County, Missouri, 2011.

-This case involved an airplane crash in July 2006 in Sullivan, Missouri. The crash was caused by a catastrophic engine failure shortly after takeoff in which the pilot and four passengers were killed. The engine failure was caused by defective compressor turbine blades, one of which failed and caused the instantaneous internal destruction of the engine. After a three week trial, the jury returned a verdict for $48 million, $9.6 million to each of the five families of the decedents.

Past results are no guarantee of future success. Each case is different.

P.H., et al. v. Turbomeca, S.A. Turbomeca Engine Coporation and Rocky Mountain Helicopters, Circuit Court, Jackson, County, Missouri at Kansas City

OUTCOME

The case was settled following jury selection for cash and structured payments with a present value of $24,999,987.00. The structured payments have a guaranteed payout in excess of $24,000,000.00.

FACTS OF THE CASE

In 1993, P.H., 42, was the respiratory therapist on a Life Flight helicopter owned and operated by defendant Rocky Mountain Helicopters, Inc. The helicopter was powered by an engine designed and manufactured by defendants Turbomeca, S.A. and Turbomeca Engine Corporation. On May 24, 1993, the helicopter was returning to St. Luke’s Hospital in Kansas City, Missouri, with a critically injured patient being actively attended to by P.H. Approximately 50 miles north of the city, the helicopter’s engine failed and the helicopter crashed. P.H. and the flight nurse were critically injured. The pilot and the patient died. Extensive pretrial discovery revealed that Turbomeca had discovered the defect which caused the engine failure seven years earlier, had multiple in-flight engine failures due to the defect, and chose, in the interest of saving approximately $48 million, not to recall the defective engines from the field. Despite learning of the defects Turbomeca actually extended the overhaul period for engines with the defective part by 500 hours in order to remain competitive with the other engine manufacturers.

P.H. suffered a collapsed lung, spine, hip and pelvic fractures, and severe internal injuries resulting in substantial blood loss. During transport to the hospital, his heart stopped for 23 minutes, causing severe brain damage which rendered him permanently disabled. His past and future medical expenses totaled approximately $4,100,000.00 and his past and future lost earning capacity totaled $1,400,000.00. His wife also brought an action against the defendants for her loss of consortium.

Past results are no guarantee of future success. Each case is different.

L.L. and J.J., as Executrices of the Estates of D.D. and A.D., deceased, v. Teledyne Continental Motors, Vibratech, Inc., RAM Aircraft, Inc., and Stevens Aviation, Inc. In the Superior Court of Mecklenburg County, North Carolina

OUTCOME

The case was settled for a total of $26.05 million. Teledyne Continental Motors, the engine manufacturer, paid $20 million; Vibratech, Inc., the damper manufacturer, paid $2.8 million; RAM Aircraft, Inc., the engine overhauler, paid $3 million; and Stevens Aviation, Inc., a maintenance facility, paid $250,000.

FACTS OF THE CASE

In 1999, D.D. and A.D., prominent North Carolina real estate developers, were killed in the crash of a Cessna twin engine aircraft shortly after takeoff from the Concord, North Carolina Regional Airport. After becoming airborne, the pilot radioed the tower that he was “losing his right engine” and that he was “coming around” for landing. He was unable to maintain flight, however, and the plane crashed in a wooded area approximately two miles from the airport and burst into flames. Autopsies revealed that the occupants survived the crash but died from the fire and smoke inhalation. The engine problem that precipitated the crash was traced to a defective vibration damper installed by the manufacturer on this particular kind of engine. Pretrial discovery showed that both the engine manufacturer and damper manufacturer had substantial prior knowledge of the potential for engine failure but did nothing to correct the problem and, in fact, through increased time between overhaul intervals, actually made the problem worse.

Past results are no guarantee of future success. Each case is different.

T.L.M. v. Goodyear Dunlop Tires North America, Ltd., U.S. District Court, Central District of Illinois

OUTCOME

After a three week trial, the jury awarded plaintiff a verdict of $15,000,000.14. The case was settled for a confidential amount while the appeal was pending.

FACTS OF THE CASE

In May of 2002 ,T.L.M. was seriously injured when the motorcycle on which she was a passenger went out of control and crashed on Interstate 55 near Pontiac, Illinois. The loss of control was caused by the sudden deflation of the rear tire on the motorcycle, a Dunlop Qualifier K627B manufactured by defendant. At the time of the crash, the tire was two years old and had been run only about 5,000 miles.

Post crash investigation revealed that the tire was defectively manufactured with the nylon cords from the first ply improperly molded into the innerliner. Because the innerliner serves the air retention purpose of a tube in a tubeless tire, the encroachment of the nylon cords caused air to seep into the other layers of the tire where it eventually worked its way out to the sidewall and formed a bubble which burst immediately before the crash.

As a result of the crash, T.L.M. suffered a serious brain injury with severe cognitive deficits, partial paralysis and accompanying psychological and behavioral problems. She was in a coma for over two months after the crash and will require around the clock care for the rest of her life. T.L.M. was wearing a motorcycle helmet at the time of the crash.

Past results are no guarantee of future success. Each case is different.

J.R., et al. v. Bridgestone/Firestone, Inc., The Budd Company and AA Wheel & Truck Supply, Inc., Circuit Court, Jackson County, Missouri

OUTCOME

The case was settled after one week of trial for cash and structured payments with a total present value of $12,999,807.00. The structured payments alone, exclusive of cash payments, have a guaranteed payout in excess of $16,622,781.00. Plaintiffs also reached a settlement with defendant AA Wheel & Truck Supply for a confidential amount.

FACTS OF THE CASE

J.R. was catastrophically injured when an RH5° multi-piece wheel assembly mounted with a tire on the outside dual of a GMC school bus near Ava, Missouri, explosively separated, striking him in the head. The RH5° multi-piece was designed by defendant Firestone and in this case was manufactured by Firestone and the The Budd Company. The RH5° rim has a long history of explosive separation resulting in severe injury and death, which was well known to defendants before J.R. was injured. This history is documented in the defendants’ internal engineering, sales and management communications as well as in criticisms from outside sources such as the United States Department of Transportation, various state agencies, the National Tire Dealers & Retreaders Association and independent tire and rim dealers from across the country. Nevertheless, defendants continued to manufacture and sell the RH5° despite their knowledge of its defects and dangers and despite the availability of a safer yet slightly less profitable alternative wheel design. J.R. suffered severe skull fractures and organic brain damage, resulting in cognitive deficits, paralysis, blindness, disfigurement, and memory, speech and motor function impairment. His past and future medical and life care expenses totaled approximately $4,100,000.00. His past and future lost earning capacity totaled approximately $260,000.00. His wife also brought a claim against defendants for loss of consortium.

Past results are no guarantee of future success. Each case is different.

E.C., Conservator of the Estate of R.P. v. The Goodyear Tire & Rubber Company, Lift Trucks & Equipment, Inc. and Taylor Machine Works, District Court, Adams County, Colorado

OUTCOME

The case was settled during jury selection for cash and structured payments with a present value of $15,030,000.00 The structured payments alone, exclusive of cash payments, have a guaranteed payout in excess of $10,000,000.00. A complete waiver of the Worker’s Compensation lien of approximately $900,000.00 was also obtained.

FACTS OF THE CASE

R.P. was a tire serviceman for Anderson Tire Service. He was on a service call to repair a flat tire on a forklift at Thompson Pipe & Steel. When he inflated the tire and three-piece M-type multi-piece rim assembly designed and manufactured by defendant Goodyear and attempted to install it on the forklift, it explosively separated, striking R.P. in the head and throwing him approximately 25 feet through the air. It was alleged that the M-type multi-piece rim was defectively designed and unreasonably dangerous because of its proclivity to unexpectedly explosively separate with tremendous force sufficient to seriously injure or kill service persons and bystanders. The M-type rim violated the basic tenets of safe product design because it failed to incorporate a backup or secondary means of insuring that the components remained assembled under inflation pressure, thus allowing a single failure of the attachment mechanism to result in a catastrophic explosion.

R.P. suffered severe head injuries and brain damage which left him alive but in a permanent vegetative state. His past and future medical expenses totaled approximately $9,200,000.00. His past and future lost earning capacity totaled approximately $400,000.00.

Past results are no guarantee of future success. Each case is different.

D.H. v. The Goodyear Tire & Rubber Company and Motor Wheel Corporation, District Court, Fourth Judicial District, Hennepin County, Minneapolis, Minnesota.

OUTCOME

Following a jury trial lasting over four months and appeals to the Minnesota Supreme Court and the United States Supreme Court, defendants paid a judgment for compensatory damages with pre- and post-judgment interest in the amount of $4,978,835.00 and for punitive damages together with post-judgment interest in the amount of $4,175,347.47 for a total judgment of $9,154,182.47.

FACTS OF THE CASE

D.H., 17, was seriously injured when a KWX (also known as KB) multi-piece rim designed and manufactured by Goodyear explosively separated while D.H. was attempting to mount the rim with an inflated tire on the axle of a truck. It was discovered that Goodyear and its rim manufacturing subsidiary, Motor Wheel Corporation, had known for decades that the K-type multi-piece rim was extremely dangerous and could explode without warning causing serious personal injury or death. Internal company memoranda documented these dangers, yet the companies failed to take any remedial action, including warning to the public.

D.H., a college-bound high school graduate, suffered severe brain damage in the explosion with multiple cognitive deficits and significant partial paralysis. D.H. was rendered unemployable as a result of his injuries. .

Past results are no guarantee of future success. Each case is different.

L.P., et al. v. New Prime, Inc., Great Dane Trailers, Inc., and B.P.

OUTCOME

A pretrial settlement was reached with defendant New Prime, Inc., for a confidential amount at the insistence of New Prime. A pretrial settlement was also reached with B.P. for the limits of his insurance coverage of $250,000.00. The case against Great Dane was settled after eight days of trial for an amount that remains confidential, but is allowed to be characterized as “fair and reasonable”.

FACTS OF THE CASE

L.P., 29, was a passenger in the right front seat of a Ford Explorer being operated by her husband, B.P. Their infant daughter was restrained in a rear facing infant carrier in the left rear seat. The family was proceeding southwest on Interstate 44 in mid-Missouri when they collided with a slow moving tractor-trailer rig operated by defendant, New Prime, Inc., that had pulled abruptly from the shoulder of the road moments earlier. The Ford Explorer severely underrode the semi-trailer rig, which was manufactured by Defendant Great Dane. The rear bumper of the trailer collapsed upon impact allowing the Ford Explorer to underride the vehicle. L.P. alleged that defendant New Prime was negligent in the operation of the tractor-trailer rig as was B.P. in the operation of the Ford Explorer. They also alleged that the Great Dane trailer was defective and unreasonably dangerous by reason of its rear bumper that was grossly inadequate to prevent the underride of passenger vehicles. The rear underride issue has been hotly debated in this country for the past three decades. Despite recognizing the need to provide underride protection on the rear of its trailers and having feasible alternative designs available at the time the subject trailer was manufactured, Great Dane chose to equip the subject trailer with a much smaller, weaker bumper it described as a “step” bumper. The underride resulted in the header of the Explorer being crushed back into the passenger compartment, which contacted L.P’s head in the impact.

As a result of the axial compression load created by the impacting header, L.P. suffered burst fractures in four vertebrae in her cervical spine, resulting in quadriplegia. Plaintiffs performed actual crash testing of the two alternative Great Dane bumpers and found that under circumstances similar to the crash conditions that those bumpers would have prevented the underride and passenger compartment intrusion that resulted in L.P.’s injuries. All of the experts agreed that but for the passenger compartment intrusion, L.P. literally would have walked away from the collision. Her past and future medical and life care expenses exceeded $9,804,116.00. Her past and future lost earning capacity as a pharmacist totaled approximately $1,351,103.00.

Past results are no guarantee of future success. Each case is different.

E.A., C.L.F., L.C.J. and J.F., v. Teledyne Continental Motors, Teledyne Technologies, Inc., Vibratech, Inc., and Larry’s Aircraft, Inc., d/b/a L&M Aircraft, State Court of Gwinnett County, Georgia

OUTCOME

A settlement was reached for the families of four of the passengers which totaled $11 million.

FACTS OF THE CASE

In 2004, the crash of a Cessna twin engine aircraft resulted in the deaths of four passengers. As the airplane was between 200 and 300 feet on initial takeoff climb, the right engine lost power and the airplane yawed to the right. The pilot lowered the nose of the airplane to gain airspeed, pulled the right power lever rearward and nothing happened. Another passenger that survived the crash is a pilot and stated he did not think the left engine was producing full power. The pilot attempted to land in an open field to their left, but was not able to make it over the trees and the airplane collided with the trees and the ground, and then burst into flames. The engine problem that precipitated the crash was traced to a defective vibration damper installed by the manufacturer on this particular kind of engine, a Teledyne Continental GTSI0-520.

Past results are no guarantee of future success. Each case is different.

M.T. v. General Motors Corporation and John Clark In the Circuit Court of Cole County, Missouri

OUTCOME

The case was settled in mediation for a confidential amount.

FACTS OF THE CASE

In April 2003, M.T., 16, was driving her 1998 Ford Mustang when defendant John Clark pulled out in front of her in his 1979 GMC pickup. Immediately upon impact, the fuel tank of the pickup ruptured, forcing gasoline to be expelled from the tank and onto and under M.T.’s Mustang and M.T.. Virtually simultaneously, the gasoline from the 1979 GMC pickup erupted in fire and engulfed the Mustang, severely burning M.T.. The 1979 GMC pickup was one of a series of pickup trucks designed, manufactured and sold by defendant GM under the Chevrolet and GMC brand names, between 1973 and 1987 with fuel tanks mounted on the side of the vehicle outside the frame rail, where it was exposed to puncture and/or rupture in the event of a foreseeable collision. The collision itself was a very low speed impact, and but for the post-impact fire, M.T. would have walked away without injury.

In the post-crash fire, M.T. suffered severe burns over 40% of her body. Her medical expenses at the time of the settlement totaled $600,000 and her future life care and medical expenses were projected to total $1,519,000. In addition, an economist estimated that M.T.’s future lost income would total between $1.67 and $1.75 million.

M.T. and this firm donated $15,000 from the settlement to the Victory Junction Gang, a charitable organization dedicated to enriching the lives of children with chronic medical conditions and serious illnesses.

Past results are no guarantee of future success. Each case is different.

G.D., et al., Surviving Parents of J.D., Deceased, v. Teledyne Continental Motors and Ronald Sharp D/B/A Greater Kansas City Skydiving Club, Circuit Court, Jackson County, Missouri

OUTCOME

A pretrial settlement was reached with Defendant Teledyne Continental Motors and a secondary defendant in the amount of $4,750,000.00. Thereafter, a default judgment was entered against Defendant Ronald Sharp d/b/a Greater Kansas City Skydiving Club. Following an evidentiary hearing, judgment was entered against Defendant Sharp in the amount of $6,000,000.00

FACTS OF THE CASE

J.D., 24, was a customer of the Greater Kansas City Skydiving Club, embarking on her first attempt at skydiving. The aircraft used by the Greater Kansas City Skydiving Club was a Cessna 206 with a Teledyne Continental Motors IO-520 model engine. J.D. was one of six occupants in the aircraft including the pilot, her tandem instructor, and three other skydivers. During the aircraft’s climb to altitude, the engine suffered a catastrophic failure consisting of two broken connecting rods and severe oil starvation. The pilot attempted to land the aircraft at a nearby airport, but clipped a tree on approach, causing the plane to crash. Following the crash, the aircraft and its occupants were engulfed in a raging fire. Medical evidence indicated that J.D. did not suffer any life threatening injuries in the crash and was likely conscious when she perished in the fire.

The evidence developed in discovery showed that the engine failure was caused by localized oil starvation due to the movement of oil transfer tubes installed in the crankshaft of the engine for the purpose of carrying oil from one bearing to another. The movement of the tubes eventually cut off the oil supply to two connecting rods, which caused the failure. Throughout the case, starting with the initial investigation, Teledyne Continental Motors attempted to blame the crash on a number of other factors and refused to acknowledge the oil transfer tube problem. Even though the movement and damage to the oil transfer tubes was apparent in the engine teardown, Teledyne’s employees failed to document the condition either in writing or photographically, and did not disclose the condition to the NTSB. In addition, Teledyne failed to disclose to the NTSB that a number of prior engine analyses had identified oil transfer tube movement as the culprit in similar oil starvation events. Pretrial discovery also developed evidence that Teledyne’s on-site investigator may have tampered with critical evidence, the ultimate absence of which Teledyne relied upon to divert blame in the case. As part of the settlement, plaintiffs required Teledyne to agree to place warnings and instructions in its overhaul manual about the possibility of movement of oil transfer tubes and necessary inspections to detect the problem.

Past results are no guarantee of future success. Each case is different.

E.M. v. Kelsey-Hayes Company, Circuit Court, Jackson County, Missouri at Independence

OUTCOME

After a jury verdict and appeal in which the jury verdict in the plaintiff’s favor was affirmed, defendant Kelsey-Hayes Company settled the case for cash and structured payments with a present cost of $5,523,817.00. The structured payments alone, exclusive of cash payments, have a guaranteed payout in excess of $3,570,000.00.

FACTS OF THE CASE

E.M., 4, was fishing with his guardian in a stream by a roadway when a wheel on a passing pickup truck fractured and the tire rim assembly came off the truck, rolled down the embankment and struck E.M. in the head. The wheel was manufactured by Kelsey-Hayes and was defective in that it had insufficient strength to withstand the stresses encountered in ordinary use. Plaintiff presented expert testimony that the wheel had been made from inadequate steel and that the stamping process had made the wheel too thin at a critical radius, making the wheel subject to catastrophic failure. As a result of the injury, E.M. suffered brain damage, resulting in a diminished I.Q., impaired hearing, loss of balance, right side paralysis, and an inability to concentrate.

Past results are no guarantee of future success. Each case is different.

M.C., as Natural Mother and Next Friend of J.C. and S.A.C., minors, v. Ford Motor Company, Continental Tire North America, formerly Continental General Tire, and Metro Ford, Inc.; and Continental Tire North America, formerly Continental General Tire, Third-Party Plaintiff, v. S.C., Third-Party Defendant. In the Circuit Court of Jackson County, Missouri

OUTCOME

The case was settled for a confidential amount.

FACTS OF THE CASE

In 1997, M.C., her husband and two sons were returning home to the Kansas City area from a vacation in Mexico in their 1987 Bronco II. Suddenly and without warning, the tread stripped off of the right rear tire of the Bronco II. The tire was one of the original equipment General GT52S tires on the Bronco II and had been carried on the vehicle as a spare. A mechanic in Mexico mounted the General tire on the Bronco II after the family experienced a flat. When the tire tread stripped off, it caused the Bronco II to lose control and roll multiple times. There were no other contributing factors to the occurrence. It was a clear, dry, hot summer day on straight, smooth interstate highway. The vehicle did not leave the road prior to losing control, nor was there a collision with any other vehicle. The Ford Bronco II has a well-documented history of handling and stability problems.

M.C. had taken the Bronco II to Metro Ford for a comprehensive maintenance, service and inspection program before the family left on their trip to Mexico. Metro Ford represented to the family that the program would include, among other things, inspection of the tires for any abnormal condition. Metro Ford did not inspect the spare tire mounted on the rear tire carrier of the Bronco II, apparently because it had a cover on it. M.C. and her family were never told by Metro Ford that the spare had not been inspected.

During the rollover, the two boys were ejected from the Bronco II and suffered multiple serious injuries. J.C., the oldest of the brothers, suffered a traumatic crush injury and near-amputation of his left lower leg. At the time of the settlement, he had over $182,000 in past medical and it was projected that he would have over $2 million dollars in future medical and almost $400,000 in lost wages.

The younger brother, S.C., sustained significant permanent scarring from the road burns he suffered. He also sustained a blow to the head which caused a traumatic brain injury with cognitive deficits. His medical bills at the time of the settlement were $55,000 and it was projected that he would have $742,000 in future medical and $230,000 in lost earnings.

Past results are no guarantee of future success. Each case is different.

A.P., et al. v. The Goodyear Tire & Rubber Company, Jim Johnson’s Tire Center, Inc. and AmQuip Corp., Court of Common Pleas, Philadelphia, County, Pennsylvania

OUTCOME

The case was settled during jury selection for $3,850,000.00.

FACTS OF THE CASE

A.P. was a 36-year-old iron worker in Philadelphia who was walking from one part of a construction site to another when a three-piece Goodyear M-type tire rim assembly mounted on a nearby mobile crane explosively separated, striking him in the left leg just above the ankle. Goodyear designed and manufactured the M-type multi-piece rim. Pretrial discovery revealed that Goodyear knew that the M-type rim was unreasonably dangerous because of it proclivity to explosively separate under inflation pressure. The design of the lock ring component of the M-type rim allows it to be easily bent out of shape so that it disengages from the base component and there is no back-up system in the design to prevent explosive separation. In 1972, Goodyear’s upper management recognized this defect and ordered its rim manufacturing subsidiary, Motor Wheel Corporation, to redesign multi-piece rims to preclude explosive separation. However, no such redesign was ever accomplished and the subject M-type rim components were placed on the market with the same hazard of explosive separation. Plaintiffs also alleged that AmQuip, the crane owner, and Jim Johnson’s Tire Center were negligent because they failed to inspect the rim parts and to properly assemble them.

The explosion caused a compound fracture of both the tibia and fibula of A.P’s left leg and serious soft tissue injury with significant nerve damage. When he was taken to the hospital, A.P.’s lower leg was attached to his body only by a small piece of flesh. He underwent surgical repair of the leg and regained the ability to walk, but experiences severe residual pain and has not been able to return to work. A.P.’s medical costs were $78,173.00 and his past and future lost income and fringe benefits totaled $960,000.00.

Past results are no guarantee of future success. Each case is different.

L.C. v. The Firestone Tire & Rubber Company and The Budd Company, U.S. District Court, District of Arizona at Tucson.

OUTCOME

The jury’s verdict in favor of plaintiff in the amount of $2,199,366.30 was affirmed by the United States Court of Appeals for the Ninth Circuit. With post-judgment interest, defendants paid a total judgment of $2,524,970.54.

FACTS OF THE CASE

L.C., a tire serviceman, was inflating a tire mounted on an RH5° multi-piece rim assembly designed and manufactured by Firestone and Budd. (For a discussion of the defects and dangers of the RH5° rim, see report on J.R. v. Bridgestone/Firestone, Circuit Court, Jackson County, Missouri.)

The RH5° rim assembly explosively separated striking L.C. in the right hand severely fracturing multiple bones in his hand and wrist and severely lacerating his hand. Because of significant residual pain and disability, L.C. ultimately underwent a below the elbow amputation of the arm.

Past results are no guarantee of future success. Each case is different.

M.H. v. Bridgestone/Firestone, Inc., 94th Judicial District Court, Nueces County, Corpus Christi, Texas

OUTCOME

The case was settled for $1,500,000.00.

FACTS OF THE CASE

M.H., 25, inflated an RH5° multi-piece rim assembly with a tire in a safety cage. When he attempted to mount the assembly on the axle of a 1980 Three Ton Chevrolet truck, the assembly explosively separated, striking him in the face. (For a discussion on the defects and dangers of the RH5° rim, see report on J.R. v. Bridgestone/Firestone, Circuit Court, Jackson County, Missouri.)

As a result of the explosion, M.H. suffered multiple facial fractures and lacerations. His medical expenses totaled approximately $150,000.00. A tire shop worker earning about $15,600.00 annually, M.H. was out of work approximately two years.

Past results are no guarantee of future success. Each case is different.

S.G., et al. v. The Goodyear Tire & Rubber Company, U.S. District Court, District of New Jersey, Camden, New Jersey

OUTCOME

After a jury verdict in plaintiffs’ favor in a bifurcated trial on the issue of product identification, the case was settled during the second phase of trial for $2,500,000.00.

FACTS OF THE CASE

S.G., 44, was seriously injured when a KWX multi-piece rim assembly designed and manufactured by Goodyear explosively separated and struck him in the head. (See discussion of defects and dangers of KWX multi-piece rim assembly in report on D.H. v. Goodyear, District Court, Fourth Judicial District, Hennepin County, Minnesota.)

As a result of the injury, S.G. suffered a head injury and a subdural hematoma. He also sustained a back injury, facial fractures and lacerations and a fractured and dislocated shoulder that caused ulnar neuropathy in his elbow. S.G., who was a farmer earning approximately $18,000.00 a year, was rendered permanently disabled by the injury.

Past results are no guarantee of future success. Each case is different.

S.S., et al. v. The Budd Company, Firestone Tire and Rubber Company and The Ford Motor Company, U.S. District Court for the District of New Jersey, Camden, New Jersey

OUTCOME

The case was settled during trial for $1,400,000.00.

FACTS OF THE CASE

S.S. was seriously injured by the explosive separation of an RH5° multi-piece rim assembly mounted with a tire on the outside rear dual of S.S.’s company truck. S.S. was adding air to a low tire at the time of the explosion. (For similar fact situation and a discussion of the defects and dangers of the RH5° rim, see Report on J.R. v. Bridgestone/Firestone, in The Circuit Court of Jackson County, Missouri.)

S.S. suffered several facial lacerations, multiple leg fractures and mild brain damage in the explosion. He incurred medical expenses of approximately $88,000.00. S.S. who is a used car parts dealer, did not claim any loss in income.

Past results are no guarantee of future success. Each case is different.

D.J.J. and C.J. v. The Budd Company, Cooper Tire & Rubber Company, Ford Motor Company and Max E. House, d/b/a Southside Motors, Circuit Court, St. Louis County, Missouri

OUTCOME

The case was settled for a confidential amount. Plaintiffs and their counsel contributed $10,000 from the settlement to the Amputee Coalition of America.

FACTS OF THE CASE

In 1993, D.J.J. was severely injured when a mismatched tire and rim assembly exploded and struck him. The rim involved was a 16.5-inch diameter rim manufactured by The Budd Company which was supplied as original equipment on a Ford F-250 truck. The tire was a “Cooper Courser” tire with a 16-inch diameter. Defendant Max House sold the subject pickup truck, including the mismatched assembly as a spare, to plaintiff’s father-in-law in 1989. The spare assembly sat partially inflated in the bed of the pickup truck until the day of the occurrence when D.J.J. attempted to add air to the assembly.

The 16.5" 15-degree drop center wheel design was developed in the mid-1960's. Sixteen inch tires had been in use for many years at the time the 16.5" wheel was developed. Although the 16.5" wheel was not designed to be used with a 16" tire, the outside diameter of a 16.5" wheel is nearly identical to the outside diameter of a 16" wheel. The Budd design 16.5" wheel permits and invites the introduction of a 16" tire onto the 16.5" wheel because of the similarity in appearance and outside diameter of the 16.5" wheel to that of a 16" wheel, together with the depth and location of the drop center well. When a 16" tire with a strap or multi-strand weftless bead is mounted on a 16.5" wheel, the bead of the tire may break during or following inflation, resulting in a violent explosion which may cause personal injury or death. Budd, Cooper and Ford knew for many years before D.J.J. was injured that users in the field would inadvertently mount 16" tires on 16.5" wheels and that explosions would occur causing severe personal injury or death. By the early 1970's defendants had notice that explosions in the field were occurring where users had mismatched 16" tires with 16.5" wheels. Both Budd and Cooper have consistently been involved in mismatch explosion cases from the early 1970's to the present. As of 1997, Budd had been involved in 142 such cases.

D.J.J. suffered a severe injury to his left leg which eventually led to a below-the-knee amputation. Because of his leg injury and subsequent amputation, D.J.J. has suffered from bi-lateral carpal tunnel syndrome requiring two surgeries. In addition, because of his injury, D.J.J. suffered a fall down a flight of stairs which required surgery to repair his left shoulder rotator cuff. D.J.J. was 31 years old at the time of his injury and was a painter. At times he was self-employed and at other times he worked as an employee for others, however, at the time of his injury he was attempting to find work.

Past results are no guarantee of future success. Each case is different.

L.V. v. Waste Management of Kansas, Inc., City of Kansas City, Missouri and Waste Management, Inc., Circuit Court , Jackson County, Missouri at Kansas City

OUTCOME

The case was settled before trial for a combination of structured payments and cash. The contribution to the settlement by defendants Waste Management, Inc. and Waste Management of Kansas, Inc. remains confidential. The City of Kansas City, Missouri paid its statutory limit of $100,000.

FACTS OF THE CASE

G.V., 64, was a home siding contractor who was disposing of debris from a siding job at a landfill owned and operated by Waste Management, Inc. G.V. was walking the short distance to where a Waste Management employee had directed he and his associates to dump their debris when he was run over and killed by a dump truck owned and operated by the City of Kansas City, Missouri. Pretrial discovery revealed that approximately six months earlier the Waste Management facility had changed its procedures to allow vehicles requiring manual off-loading such as G.V.’s vehicle to dump at the same active face as large commercial vehicles such as the City of Kansas City dump truck in order to save costs, even though Waste Management recognized that doing so created potential safety hazards to customers. Compounding the situation, a post-occurrence drug screen showed that the driver of the City dump truck had a high concentration of marijuana in his system at the time he ran over and killed G.V.

G.V. was survived by his wife of 28 years and three adult children. The case was settled following extensive documentary and deposition discovery conducted in Kansas City and immediately before the scheduled depositions of Waste Management’s top executives in the Chicago, Illinois, area.

Past results are no guarantee of future success. Each case is different.

S.B., Individually and as a Natural Mother and Next Friend of C.B. v. Bollinger Industries, Inc.; Bollinger Industries of Delaware; Bollinger Industries, L.P.; Wal-Mart Stores, Inc.; and First Baptist Church of Weston, Mo., Circuit Court, Jackson County, Missouri

OUTCOME

A pretrial settlement was reached with Defendant Bollinger Industries, Inc., Wal-Mart, and First Baptist Church of Weston, Missouri for cash and structured payment in a confidential amount.

FACTS OF THE CASE

C.B., 6, was in the custody of the daycare center operated by the First Baptist Church of Weston, Missouri, when he was struck in the eye and severely injured by a jump rope swung by another child. The jump rope, imported by Bollinger and sold by Wal-Mart had a metallic, springlike handle attachment that could be easily deformed such that it exposed a sharp protruding point. The jump rope in question had been deformed by its use in the daycare center such that the sharp metal point was protruding sufficiently to cause injury. When the other child swung the jump rope, the handle detached and the exposed sharp point struck C.B. in the left eye, slicing through the cornea, iris and lens. The evidence developed in discovery showed that Bollinger and Wal-Mart intended for the jump rope to be used only by adults, but they provided no warnings or instruction informing customers of that intention. Furthermore, the daycare center was negligent in its failure to supervise the children and in allowing a dangerously altered product to be used by the children. The evidence showed that someone at the daycare center had attempted to repair the jump rope by crimping the metal attachment together after it had been previously deformed. Discovery also revealed that the daycare center had a number of prior regulatory violations, one of which included a prohibition against having the children in the location where the injury occurred. Some of the violations were so serious and persistent that the daycare center had previously been referred to the local county attorney for prosecution pursuant to Missouri statute. The daycare center ultimately ceased operation in response to this case.

C.B. had to endure numerous surgeries, which resulted in numerous visual deficiencies, including double vision, loss of visual acuity, suppression, and ultimately, loss of binocular vision. C.B.’s medical expenses totaled $50,621.24. His life care costs based on a range of foreseeable outcomes averaged approximately $1,100,000.00.

Past results are no guarantee of future success. Each case is different.

Jane Doe (J.D.) v. ABC, Inc., et al., Circuit Court, Jackson County, Missouri

OUTCOME

The case was settled for $700,000.00 plus $15,000 donated to the Metropolitan Organization to Counter Sexual Assault (MOCSA) on behalf of plaintiff and her counsel. J.D. and the defendants agreed as part of the settlement that the parties would not disclose the identity of the other parties or information about the other parties that would be reasonably likely to allow identification of the other party.

FACTS OF THE CASE

J.D. leased an apartment from defendants. One morning in the summer of 2004, she was leaving her apartment and locking her apartment door when a homeless man, who was a recently paroled convicted sex offender, attacked her in the interior hallway and forced her back into her apartment where he brutally raped, sodomized and robbed her and burglarized her apartment. Her attacker had entered through an unlocked rear door in the building. The front door of defendants’ apartment building was equipped with a key operated lock on the door handle with a protective plate designed to deter opening of the door without a key. Non-residents were required to use a call box located near the front door to enter the building. The door was also equipped with a closing device. The back door was equipped with a key operated lock on the door handle, but with no protective plate or call box. At the time of the attack, the closing device on the back door was inoperative or did not operate properly to the extent that it would not pull the door closed to the latched and locked position. Defendants were on notice that the door was not closing properly, but did not repair it before J.D. was attacked.

J.D. endured and will continue to endure the trauma of being brutally raped in her own home. Her damages include, internal lesions, fear of being alone, fear of leaving and entering her apartment, fear of being in a crowd of strangers, and inability to grocery shop because she cannot stand in line with strangers. She received two shots to prevent hepatitis and two different antibiotics to prevent STD’s which were given with the rape kit right after the incident. In addition she had a pregnancy test and was required to be checked periodically by her physician for any changes to her health. She received counseling from MOCSA.

Past results are no guarantee of future success. Each case is different.

R.T., et al., surviving children of L.G., Plaintiffs, v. Centennial Healthcare Corporation D/B/A Woodbine Healthcare and Rehabilitation Center, Centennial Healthcare Investment Corporation D/B/A Woodbine Healthcare and Rehabilitation Center, and Centennial Healthcare Management Corporation D/B/A Woodbine Healthcare and Rehabilitation Center, Defendants, Circuit Court, Jackson County, Missouri

OUTCOME

A pretrial settlement was reached with defendants in the amount of $500,000.00.

FACTS OF THE CASE

Plaintiffs are the adult children of L.G., who was 84 years old at the time of his admission to Woodbine Healthcare and Rehabilitation Center on September 3, 1999. Despite a fair prognosis for recovery and rehabilitation when he entered Woodbine, less than two months later on November 1, 1999 he was taken to North Kansas City Hospital because his condition was so serious that nothing could be done to save his life and he died on November 7, 1999. During L.G.’s short residency at Woodbine, he was allowed to develop numerous severe decubitus ulcers, some of which became infected. One of the decubitus ulcers on his left heel was not discovered until it had reached Stage III classification (a full thickness of skin loss, exposing the subcutaneous tissue which presents as a deep crater with or without undermining adjacent tissue). The decubitus ulcer on L.G.’s left heel progressed to such severity that it resulted in severe vascular compromise in his left leg and gangrene. L.G. was also allowed to become severely malnourished which, along with his pre-existing medical condition, made him unable to withstand any aggressive treatment necessary to save his life. Furthermore, even though L.G. was assessed as a high risk for falling, he was allowed to fall on multiple occasions, one of which resulted in a gaping wound to his forehead which required hospital treatment.

Past results are no guarantee of future success. Each case is different.

JJ, et al., Surviving Spouse and Surviving Natural Children of MJ, Deceased v. The State of Kansas In the District Court of Shawnee County, Kansas

OUTCOME

Plaintiffs accepted an Offer of Judgment for the $500,000 limit imposed by the Kansas Tort Claims Act from defendant on September 1, 1999.

FACTS OF THE CASE

In June 1998, MJ, 48, who was employed as a school counselor, was killed instantly while driving home after visiting her daughters in Junction City, Kansas on Kansas Highway 18 (K-18) when her car was broadsided by a Kansas State Highway Patrol vehicle driven by Trooper Rodney G. Osland. Trooper Osland had been in pursuit of a motorcyclist he had observed speeding on Interstate 70. The trooper continued the high-speed pursuit onto Milford Lake Road, a hilly two-lane road, even though he had lost sight of the motorcycle, and ran through a stop sign at K-18 where he struck MJ’s car broadside. When Trooper Osland approached the intersection of K-18 and Milford Lake Road, he passed a sign notifying him of an upcoming stop sign. The motorcycle was not in sight. It was later determined that the motorcycle had turned right at the same intersection and had proceeded east on K-18. Because Trooper Osland had lost sight of the motorcycle, he did not know that the motorcycle had turned right at the intersection, yet he continued his pursuit in the wrong direction by attempting to pass northbound through the intersection on Milford Lake Road.

The Kansas Highway Patrol Critical Highway Accident Response Team (CHART) conducted an extensive accident reconstruction and concluded that, at the time of the collision, Trooper Osland’s 1996 Crown Victoria was traveling at speeds between 52 and 61 miles per hour with no sign of braking prior to the impact. In addition, the CHART report showed that MJ’s 1988 Honda was traveling at between 48 and 57 miles per hour, within the posted speed limit for her travel on Highway K-18.

Plaintiffs’ expert economist, John O. Ward, Ph.D., Prairie Village, KS calculated the total economic loss, both past and present, at $888,195.

Past results are no guarantee of future success. Each case is different.

L.M. v. Wal-Mart Stores, Inc., D/B/A Sam’s Club, United States District Court, District of Kansas, Kansas City

OUTCOME

The case was settled pretrial for a cash payment of $387,500.00. Because of the Kansas statutory cap on non-pecuniary damages of $250,000.00, the settlement represents virtually the maximum potential recovery for the case.

FACTS OF THE CASE

On October 16, 1999, L.M. was a customer in the Sam’s Club store owned and operated by Defendant Wal-Mart in Lenexa, Kansas. While L.M. was walking down one of the aisles of the store, a large pallet of merchandise fell from atop one of the merchandise storage racks that surround the customer aisles of the store. The pallet weighed approximately 700 pounds and had been stacked on a pallet of soft-side coolers that eventually gave way under the weight. This positioning was a violation of store policies. Plaintiff’s investigation indicated that Wal-Mart and Sam’s Club stores have had thousands of claims for injury caused by falling merchandise and that Wal-Mart has been sanctioned for discovery abuse on several occasions for failure to disclose those occurrences.

L.M. suffered a compression spinal fracture at the T5 level along with facet joint involvement at C5-6 with disk protrusion and a right C6-7 herniated disk which resulted in upper extremity neurological weakness along with sterna and anterior rib fractures, a subsequent staph infection, pneumonia, and a left arm septic phlebitis. Because of his diligent rehabilitation efforts, however, L.M. made a good recovery and has returned to his prior employment.