2018 Trials and Verdicts

November 20, 2019

Defense Verdict in Case Involving Platform Fall at Train Station

John Rahoy and Edward Zeidler obtained a defense verdict in the City of St. Louis for their client, Bi-State Development Agency. The plaintiff sustained substantial injuries to his knee requiring 15 surgical procedures resulting from a fall that he claimed occurred in a large gap between the end of the platform at a train station and the train. The trial took place in the City of St. Louis, named one of the nation’s top judicial hellholes for defendants. Plaintiff sought $10 million in damages. After a four-day jury trial, a verdict was returned in favor of the defendant.

Defense Verdict in Missouri Merchandising Practices Act Case

Corey Kraushaar and Tyler McElroy obtained a jury defense verdict in Pettis County in Missouri for their clients, a car dealership and salesperson. The plaintiff alleged their clients violated the Missouri Merchandising Practices Act when they lied to her about the condition of her car, forcing her to buy a new car. She claimed the clients then illegally used her extended warranty to repair the vehicle and then lied about it being sold when she called to have her car returned. In closing argument, plaintiff claimed more than $33,000 in out-of-pocket damages, in addition to emotional distress and punitive damages.

Defense Verdict in Medical Malpractice Case Involving Back Injury

Kenneth Burke and Bryce Pfalzgraf obtained a defense verdict in a medical malpractice case in the St. Clair County Circuit Court in Illinois. Plaintiff alleged the defendant was professionally negligent in failing to timely diagnose and treat cauda equina syndrome and failed to do an adequate decompression during spine surgery. Plaintiff alleged significant neurological deficits as a result of defendant’s alleged negligence. Plaintiff asked the jury to award almost $1.3 million. The jury deliberated for 30 minutes and returned a defense verdict.

Favorable Verdict in Premises Liability Case Involving Burns from an Electrical Arcing Event

After a three-day jury trial in Clay County Circuit Court, Corey Kraushaar and Christopher Seibold obtained a favorable verdict resulting in no award to the plaintiffs in a premises liability and loss of consortium case. Plaintiffs asked the jury for $1 million. The husband and wife plaintiffs alleged that the defendant landlord’s property was dangerous and violated code for failing to have a cover over electrical wiring in an electrical junction box. Plaintiff suffered third-degree burns to his chest from an arcing event while he was working on the junction box requiring six days in the hospital, a cadaver skin implant and a skin graft from his right leg. Plaintiff also missed two months of work and had significant scarring to his chest. Plaintiff was found 90 percent at fault with a net verdict of only $3,652. After the setoff from the co-defendant tenant, plaintiffs will recover nothing on the verdict.

Defense Verdict in Medical Malpractice Case Involving Pulmonary Condition

Kenneth Burke and Kara Burke obtained a defense verdict in a medical malpractice case in the U.S. District Court for the Southern District of Illinois. The plaintiffs alleged the defendant physician was negligent in failing to appreciate the plaintiff’s pulmonary condition. Plaintiff went into cardio-respiratory arrest and suffered a significant and permanent brain injury. The defendant denied negligence. Plaintiff sought damages of more than $7 million. After a five-day trial in East Saint Louis, Ill., the jury returned a defense verdict.

Defense Verdict in Case Involving Fall From Platform

After a three-day trial in Springfield, Mo., Irene Marusic secured a defendant’s verdict in a jury trial for her bar-owner client. The case involved a bar patron falling off a platform and sustaining a badly broken ankle, with two resulting surgeries and future ankle-fusion surgery. Plaintiff claims the platform construction violated building codes.

Defense Verdict in MMPA Case

After a three-day jury trial in St. Louis County Circuit Court, Corey Kraushaar and Tyler McElroy obtained a defense verdict for their client. The plaintiffs alleged the client violated the Missouri Merchandising Practices Act when it sold them a certified preowned luxury automobile with undisclosed damage to the sub-frame, undercarriage, transmission and steering components. Plaintiffs sought damages of more than $81,000 for repairs, storage fees, and rental fees, in addition to attorney’s fees.

Defense Verdict in Slip and Fall Case

Corey Kraushaar and Chris Seibold obtained a defense verdict after a three-day jury trial in St. Charles County on a slip and fall case where the plaintiff’s counsel asked the jury for $500,000. Plaintiff sustained an ankle fracture from the fall at the client’s dealership resulting in three surgeries, including hardware, and the need for future surgery to replace the ankle. Plaintiff did not allege past medical bills as part of his damages and withdrew his claim for lost wage damages just before trial.