Trials and Settlements

Asbestos

Living mesothelioma trial focusing on plaintiff's cause of disease. Jury returned a favorable verdict below our settlement offer.

Asbestos Wrongful Death Claim

Plaintiff claimed lung cancer caused by our client's product - despite having an extensive smoking history. Case dismissed after a defense verdict following a summary jury trial.

Construction

Fire occurred during construction. The cause of fire and insurance coverage disputed under builders risk policy. Jury returned favorable verdict to our client on causation issue, and the Minnesota Court of Appeals affirmed the favorable trial court rulings on the issues related to insurance coverages.

Commercial

Minnesota Court of Appeals affirmed favorable trial court result, requiring the payment of a real estate commission to our client. The Court of Appeals further reversed the trial court ruling that denied the award of attorneys' fees pursuant to the contract and awarded our client attorneys' fees.

Commercial Real Estate

On the eve of trial our office was substituted as counsel to represent, a subtenant of a business establishment that closed due to a flood in the business. Plaintiff's claim against our client was over $1.9 million dollars. We successfully argued for a continuance of the trial, retained a new expert and conducted additional discovery. Based on the newly discovered evidence the Court granted summary judgment and dismissed plaintiff's case.

Corporate

Homewowner sued our client's construction company and the owner personally in violation of Minnesota law. Trial court awarded our client attorneys fees which led to the dismissal of all claims.

Defamation

Two local banks were involved in a dispute over statements made regarding the granting of a bank charter. After several motions before the trial court, all claims of defamation, restraint of trade and other negligent conduct were dismissed in favor of our client. The decision was affirmed by the Court of Appeals.

Dog bite Case

German Shepherd took a piece out of minor plaintiff's lip resulting in permanent disfigurement. Trial resulted in a verdict less than half of plaintiff's lowest demand.

Employment

Plaintiff brought claims related to alleged misappropriation of trade secret information by former employee and present competitor. Jury returned defense verdict in favor of our client and awarded our client damages pursuant to counter claims.

Insurance

Minnesota Court of Appeals affirmed favorable trial court verdict in which our clients recovered over a million dollars in defense and indemnification obligations arising out of prior wrongful death and property damage lawsuits.

Malpractice

Summary judgment obtained for client in legal malpractice claim, with court finding that plaintiff’s claims impermissibly sought to second-guess the trial tactics of our client in the underlying litigation.

Premises Liability

Plaintiff fell on a clear liquid substance in our client's store aisle, breaking her left arm. Plaintiff had no idea how long the substance was on the ground. Store employees were also unable to state exactly when the area of the store was last inspected. At the close of plaintiff's case-in-chief, the Seventh Circuit judge directed a verdict in favor of our client -- the store.

Premises Liability

Homeowner hired a contractor to inspect his fireplace and chimney. Contractor's employee sustained a fracture to his left heel when he fell off the roof. The employee claimed the homeowner was negligent for failing to hold the ladder. The employee claimed more than $600,000 in damages. The jury found the employee assumed the risk and awarded no damages.

Premises Liability

Plaintiff fell on steps at a golf course sustaining significant hip injury. Defense verdict in favor of land owner.

Premises Liability

Plaintiff fell in a car wash claiming the area was inappropriately maintained. Defense verdict.

Product Liability

A 400,000 lb diesel blast-hole drill tipped over at a taconite mine on the Minnesota Iron Range wrecking the drill and causing the death of its operator. Our client was a supplier of bolts that connected hydraulic jacks to the frame of the drill. Four bolts from one jack were found broken in the vicinity of the tip over. Co-defendant drill manufacturer claimed that our client's bolts were defective due to hydrogen embrittlement. After a four week trial involving testimony of seven metallurgists and engineers, a ten person jury found that our client was not liable and attributed 100% of the fault to the drill manufacturer and awarded the mine approximately $4,000,000.00 from the drill manufacturer which also settled the wrongful death claim of the surviving widow for millions of dollars.

Products Liability

Plaintiff was riding a bicycle from and recently assembled by an employee of our client. After drinking an undetermined amount of alcohol, plaintiff rode the bike to an area gas station to purchase cigarettes. During his trip, the handlebars separated from the bicycle, causing plaintiff to crash through store window slicing his bicep muscle and causing other injuries. Jury verdict in favor of store.

Products Liability

Plaintiff was injured when a tool he was using broke. The tool was sent to a metallurgist for examination before our client, the tool manufacturer was given notice of the claim. Before suit was filed, the tool was lost by someone not under plaintiff's control. The case was dismissed due to spoliation of evidence. This was the first case in Minnesota where a plaintiff's case was dismissed as a result of conduct by a third party.

Property Damage

Defense verdict, in Itasca County district court arising out of property damage claims against our client for allegedly causing water damage to neighboring property owner.

Tobacco

Plaintiff claimed to be suffering from mesothelioma, a form of cancer, after allegedly smoking cigarettes made by our client. After a lengthy trial, the jury returned a defense veridict for our client, the tobacco company. More importantly, the jury crossed out the stipulated damages with respect to medical expenses.

Trucking Litigation

Plaintiff claimed significant closed head injuries, permanent brain damage, psychological difficulties and various soft tissue injuries following a collision with our client, a large over-the-road trucking firm. The driver of our client's tractor-trailer rear-ended plaintiff's vehicle at a controlled intersection. During trial, we were able to convince the jury that plaintiff was 35 percent at fault because she slammed on her brakes rather than going through a yellow light because a police car was stopped on the cross street. Additionally, through the use of detailed drug summary charts, we established the misuse or abuse of certain medications by plaintiff. After costs were deducted, plaintiff received less than $2,000, a prior offer of judgment of $120,000 had been made.

Trucking Litigation

Plaintiffs' (three minor children) brought wrongful death claims arising out of the deaths of their parents who died following a collision with a tractor-trailer, which went out of control and crossed over the highway. Case settled for a total of $500,000.

Workers Compensation

Employee suffered an admitted work-injury and subsequently filed a Claim Petition seeking Temporary Total Disability benefits. Our office filed a timely response to employee’s claim and served a demand for discovery. Upon employee’s failure to provide timely discovery responses, we filed a Motion to Compel Discovery seeking employee’s discovery responses within ten days. Our Motion was granted in full by the Court. Employee subsequently failed to provide responses within the Court ordered ten days. We then filed a Motion to Strike the matter from the Court’s calendar on employee’s neglect of the Court Order compelling discovery responses. Our Motion to Strike was granted and the matter was removed from the Court’s calendar, suspending all case activity.

Workers Compensation

Injured employee filed a claim seeking wage benefits as well as ongoing medical and rehabilitation benefits as a result of a work-related knee injury. Through evaluation of the employee’s medical records and an independent medical examination, employee was found to be permanently disabled and entitled to compensation for the next 16 years. Settlement was recommended to our client, and employee accepted a full, final and complete settlement including closing out all future medical expenses, for an amount significantly under the statutory minimum.

Wrongful Death

Defense verdict obtained in St. Louis County district court arising out of a pedestrian motor vehicle accident in which jury determined that our client was not negligent for the accident that resulted in the death of the pedestrian.

Wrongful Stop

Plaintiff alleged injury when three employees of our client stopped him as a suspected shoplifter. The case went before the Wisconsin Supreme Court where the tort of negligent supervision was first recognized. After the tort was recognized, the case was remanded for trial. During this trial our client was found to have properly supervised its employees and plaintiff recovered nothing.

A.M. Best's Recommended Insurance Attorneys

A.M. Best's Recommended Insurance Attorney