Recent Articles from Anne C. Vitale
No damages awarded to employee who lost arm
A Buchanan County jury declined to award damages to an employee whose arm was severed in a machinery accident. The jury found no fault for the employee’s product liability and negligence claims against the company that designed and installed the equipment. Clyde Logan, 54, was a maintenance worker at the Triumph Foods pork processing plant […]
Boat mechanic’s family settles suit over death
The family of a boat mechanic who suffocated after being trapped by an outboard motor has settled a wrongful death case against a marine dealer for $2 million. An investigation into the accident set the stage for compensatory damages. It was revealed that electrical tape had been used to insulate spliced wires leading to the […]
Phantom-driver claim settles for $150,000
A motorist injured in a collision allegedly involving a phantom driver has recovered $150,000 in stackable uninsured motorist coverage. The parties settled before suit was filed. “It is becoming increasingly tough to get insurance companies to pay six-figures in non-operated cases,” said plaintiff’s attorney Joshua P. Myers, of Page Cagle in St. Louis. “However, we [&hellip[...]
Patron beaten outside restaurant settles case
A patron severely beaten outside a Kansas City restaurant settled his Jackson County negligent security case against the restaurant and its night manager. The settlement amount and defendants’ identities are subject to a confidentiality agreement. The case involved a restaurant on Front Street where people who illegally race cars frequently loitered in the parking lot […]
Eminent domain case nets $1.4M verdict
After a commissioners’ award of $605,000 for condemned property in Branson, a trial of exceptions resulted in a $1.48 million verdict from a Taney County jury. New Jersey residents Peter and Ramona Ricciardi purchased a 7-acre commercial tract with frontage on the Route 76 strip through Branson. The Ricciardis paid $875,000 for the property in […]
Jury favors injured man in product liability suit
A federal jury in St. Louis returned a $510,000 verdict for an employee at an auto parts company in his product liability suit against the manufacturer of a grinding machine. The jury allocated 35 percent fault to the plaintiff, reducing the verdict to $331,500. Plaintiff Kevin Wright worked as a machine operator at the Ballwin […]
Jury rejects negligence claims in fatal accident
A Jasper County jury rejected negligence claims stemming from a fatal machinery accident. The decedent’s family had claimed a salvage company owner who loaned heavy equipment to the decedent was at fault for the accident. Michael Ellis Sr., 72, was moving from Oklahoma to a property he and his wife, Wilma, were renting in Galena, […]
Three-car collision case settles in Clay County
A motorist sandwiched between a tow truck and another car in a three-vehicle collision has settled her Clay County case against the other drivers for $890,000. Barbara Tucker, 71, was driving a 2003 Mercury Grand Marquis south on U.S. 69 in Clay County on April 1, 2004. Tucker allegedly stopped in the driving lane, rather […]
Injured motorcyclist settles against speeder
A motorcyclist injured in a collision with a pickup truck agreed to settle for $628,254 before suit was filed in Johnson County, Kan. “To overcome the forces that make Johnson County one of the most difficult venues for plaintiffs, we demonstrated that [Loc] Tran was a Johnson County resident severely injured by another resident driving […]
Engineering firm cleared of professional negligence
A Jackson County jury returned a verdict in favor of an engineering firm on professional negligence and breach of contract claims brought by Kansas City over a redesigned filtering system at a wastewater plant. Kansas City’s Water Services Department owns and operates the Blue River Secondary Wastewater Plant. In 1996, the city hired Black & […]
Former bank customer’s award sliced to $126.81
Following a bank president’s criminal conviction for bank fraud, a former customer brought civil claims against the bank for negligent hiring, retention and supervision. But a jury in Randolph County was not convinced. It found the former customer 99 percent at fault for $12,681 in damages – and reduced its verdict to $126.81. Wayne E. […]
Jury rejects plaintiff’s dram shop liability claims
A jury in Ralls County rejected dram shop liability claims brought by a bar patron. The plaintiff had claimed that the bar over-served her companion-driver, resulting in a car accident that severely injured the plaintiff. Jennifer Hirner, 26, was at The Third Down Bar in Quincy, Ill., on June 6, 2004. She and two male […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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