Cases
Cases tried have resulted in juries assessing damages against civil defendants ranging from upper six figures to over a million dollars. He has also settled numerous cases where the defendants have paid over a million dollars to several million dollars. Joe has handled nationally precedent setting cases, including the first case involving the Union Pacific Railroad’s Internal Placement and Rehabilitation Program and a repressed memory claim for sexual abuse against Catholic clergy in the Missouri Supreme Court (Powel v. Chaminade College Prep., Inc., 197 S.W.3d 576 (Mo. 2006) with excellent results.
SKI INJURY CASE
A 19 year old skier suffered severe brain injury while competing in a competition at Telluride in Colorado. Although Colorado is a very difficult venue to recover damages for a ski injury and because the client was responsible for his own skiing, Many attorneys advised Joe not to take this case because it could not be won. However, Joe felt this young man deserved just compensation to enable him to have the lifelong care he needed as a result of his severe brain injury. Joe filed suit against the helmet manufacturer, the organizer of the competition and the resort in Federal Court in St. Louis which was later transferred to Federal Court in Colorado. While the case was in Colorado the defendants filed a motion to dismiss wanting to deny any recovery to Joe’s clients. Joe won that motion and was able to recover a significant confidential settlement in excess of a million dollars for his client to assure him of receiving the medical care he required for the rest of his life and have a significant sum of money to allow him to do what activities he wanted to do.
RAILROAD FELA DEATH CASE
A railroad employee working to maintain rail tracks was killed when run over by a hi-rail vehicle operating backwards on the track where the client was working. Despite the railroad’s position that the client was at fault for not being aware of the approaching truck, Joe settled the case for over a million dollars with a confidential settlement on behalf of the widow and children of the deceased railroad worker.
RAILROAD FELA INJURY CASE
A 49 year old railroad carman was instructed to replace an air brake reservoir at a remote location away from the shop where he normally worked and suffered a serious low back injury while replacing the reservoir. As a result of his injury Joe’s client underwent major back surgery which relieved his excruciating pain but left him unable continue working as a railroad carman. The railroad blamed Joe’s client for his own injury and refused to offer a reasonable settlement amount and Joe tried the case to a jury. After a week of trial, the jury returned a verdict of $1,300,000. After several appeals by the railroad which Joe won on behalf of his client, the railroad paid nearly $1,600,000 including interest to Joe’s client.
RAILROAD WHISTLEBLOWER CLAIM
A railroad engineer reported an injury to his employing railroad which occurred while he was operating a locomotive engine. The railroad then held an investigation after which it fired the client for delayed reporting of his injury and lying about his injury. The railroad’s allegations of delayed reporting and lying were not true. Joe filed a Whistleblower claim with the Department of Labor on behalf of his client, who was returned to work without back pay by the Public Law Board and had returned to work after approximately 10 months of missed time. Joe represented his client at a hearing with an Administrative Law Judge and won an award for his client that included lost wages, emotional harm, punitive damages, expungement from the railroad’s records of any adverse or derogatory reference to the client and awarded separate attorney’s fees. Joe fought hard for his client and the railroad ended up paying $450,000 for his client’s 10 months of missed work and other damages, including attorney’s fees.
HUNTING INJURY
A man was seriously injured while hunting when shot by another hunter during turkey hunting season. Joe represented the injured hunter and recovered a significant amount of money for him as part of a confidential settlement and also participated in a hearing with the Department of conservation which resulted in the shooter losing his hunting license for several years.
EMPLOYMENT WRONGFUL DEATH CASE
A 20 year old young man was killed while working in a sewer when he inhaled poisonous gases. Joe filed suit on behalf of the parents against their son’s employer. The employer filed several motions to dismiss for different legal theories to attempt to avoid paying damages to the parents for the loss of their son. Joe fought each effort made by the employer to avoid paying damages and prevailed in each instance. Joe then obtained a significant confidential settlement for the parents’ damages as a result of the loss of their son.
MEDICAL MALPRACTICE INJURY CASE
A baby girl was born with cerebral palsy as a result of inattention by the mother’s obstetrician. Joe filed suit against the obstetrician and tried the case for 10 days against one of the best defense attorneys in the area. At the end of the case, the jury returned a verdict in favor of the obstetrician because the trial judge gave an improper instruction to the jury. Joe appealed on behalf of the little girl and her parents. Joe convinced the Court of Appeals that the judge’s instruction was improper and the case was reversed and a new trial scheduled. Shortly before trial, Joe settled the case for a large confidential settlement assuring the girl’s parents that she will have enough money to care for her for the rest of her life.
RAILROAD FELA INJURY CASE
A 59 year old railroad conductor riding in a locomotive struck his head on the bottom of an air conditioner that was installed above the seat he was sitting on. The conductor developed a headache and other symptoms of traumatic brain injury over 30 days and then collapsed. He was diagnosed with a brain injury at that time and received treatment but it was too late to reverse the effects of the injury. The conductor became partially paralyzed and needed 24 hour care in a facility specializing in brain injury care. He was no longer able to work, walk or care for himself. Joe filed suit against the employing railroad and settled his case half way through trial for a significant confidential settlement over a million dollars.
PRODUCT LIABILIBITY WRONGFUL DEATH CASE
A young main in his twenties was killed while adding hydraulic fluid to a dump truck’s hydraulic system when a hose and/or coupling device(s) for said hose broke causing the hydraulic system to lose pressure and the bed of the truck to lower onto him crushing him. Joe examined the broken part of the dump truck and the method required to add the hydraulic fluid to the hydraulic system and determined that the dump truck was defective. Joe filed suit against the manufacturer and seller of the truck and the bed of the truck. After lengthy and numerous motions to dismiss and avoid responsibility for this tragic death by the defendants and winning every such motion, Joe settled this case for a substantial confidential settlement on behalf of the parents of the young man and obtained justice for his death.
AVIATION WRONGFUL DEATH CASE
A 29 year old man was tragically killed when the aerobatics airplane in which he was a passenger crashed at an aerobatics exhibition at a college parents weekend event while his wife watched as part of the audience. After her husband’s death, the widow consulted with an attorney about the ability to make a claim against the pilot and college. She was told there was a Statute of Limitations of two years and therefore did not have to take any immediate legal action. About 18 months later she talked to another attorney about filing suit for the death of her husband. That attorney referred the case to Joe because of his experience and excellent results on behalf of his clients. Joe filed suit against the pilot’s estate and the college. After several years of litigation the trial judge dismissed the case because the attorney initially consulted had not notified the college of the intent to file suit for damages as a result of the loss of her husband. Joe appealed the dismissal to the Federal Court of Appeals and the dismissal was affirmed. Joe did not give up trying to obtain justice and a settlement for the widow and filed a lawsuit against the attorney the widow consulted who did not tell her there was a requirement to notify the defendants of the intent to file a lawsuit. The case was again dismissed, this time by the trial judge in the case against the attorney the widow initially consulted. Joe again appealed the dismissal and the Court of Appeals reversed and sent the case back for trial. Shortly before trial, Joe settlement the case for a confidential significant amount. The entire process took approximately 8 years from the time Joe was hired until it was finally settled and justice was obtained for the widow. Joe never gave up on his client until justice was achieved.
MEDICAL MALPRACTICE INJURY CASE
A woman in her mid-thirties suffered occasional headaches emanating from her jaw for several years and sought medical help from a prominent oral and maxillofacial surgeon. The surgeon recommended a complicated surgery to her mandible (jawbone) called a bilateral sagittal split osteotomy (BSSO). The surgeon operated on Joe’s client with the help of a two residents. Following the surgery, Joe’s client immediately felt excruciating pain, far worse than any she had felt before surgery. The prominent surgeon had failed to re-attach some muscles to her jawbone and had left for vacation immediately after the surgery. The resident surgeons then again operated on Joe’s client and then re-attached the muscles and made other surgical efforts to eliminate the pain. This surgery was somewhat successful but left Joe’s client with restricted ability to open her mouth and a slightly asymmetrical face. She also continued having occasional headaches as she had before surgery. Joe filed suit of his client’s behalf against the three doctors and as trial approached the doctors’ lawyer told Joe he would never win this case and there was no offer to settle. At trial, the jury returned a verdict of $550,000 for the woman and $50,000 for her husband for loss of consortium. Joe was able to obtain justice for his clients, even when the doctors’ attorney was confident he would win the case and Joe’s clients would receive nothing.