REPRESENTATIVE CLIENTS

Advantage Industries | Barret Plating | Bell Ave Co. | Competitive Edge | Stone Street Capital | J & J Sports – Iowa Barnstormers | JG Wentworth | 321 Henderson Receivables | Home Plastics CO. | Quiznos | Taco Casa | Peachtree Settlement Funding Inc. | Pest West Environmental | Olive Branch Funding | Trackworks | American Pest Control | Diam Pest Control | Allergy Technologies | Ariat Technologies | Ariat Innovations | STU Petroleum | Springer Pest Solutions | Pestmaster


 PAST CASES

PERSONAL INJURY

Negligence - Slip & Fall: Represented TT in a slip and fall case at St. Anthony's Hospital in Carroll, Iowa. TT broke her ankle after slipping on a wet floor while on her way to visit a patient. Her past medical bills amounted to just over $13,000. A jury awarded her $210,828.09 in damages with an allocation of 20% fault.

Represented a female worker on both a slip and fall liability case at a franchise eating establishment in Central Iowa. This involved a negligence claim based on the property owner’s failure to seal off a leaky area from a roof that was under repair. The client had fractured her arm as a result. She obtained a settlement in the amount of $165,000 for her injuries.

MOTOR VEHICLE ACCIDENT

Represented DH in a motor vehicle accident case with a medical malpractice component. DH was struck from behind by a semi-truck and sustained serious injuries to his back, resulting in failed back syndrome. While in surgery, the doctor lanced DH's iliac artery. We obtained a settlement on DH's behalf in the amount of$ 900,000 on the motor vehicle accident and $150,000 on the medical malpractice claim for a total of $1,050,000.00.

Represented the Estate of MS, who was killed in a motor vehicle accident where MS was in a vehicle chased by another vehicle at high speeds through downtown Des Moines before striking a utility pole. We obtained a confidential settlement and placed the proceeds into a structured settlement funded by an annuity for the benefit of the minor children, thereby protecting the settlement proceeds to be distributed during their college years and thereafter during various points of their early adult life.

Represented a woman in her 80s that was a passenger in a motor vehicle that was struck by a road grader.  The victim sustained multiple fractures to her legs and upper extremities.  She incurred approximately $115,000 in medical liens.  We were able to obtain a favorable settlement for her for $272,000 while reducing the liens to approximately $45,000.

WORKERS' COMPENSATION

Represented TE, who suffered a work-related injury causing radial nerve palsy post shoulder surgery. Our client received a rating of 49% upper extremity or 29% body as a whole. The client received a $150,000 mediated settlement with protective social security language that will allow him to limit the offset over the period of his life expectancy.

Represented NB, who was an employee of Prairie Meadows. NB was injured, working as a security officer when she fell assisting in detaining a suspect outside of the casino grounds. NB had prior work-related injuries in her full-time employment with the State of Iowa. The issues in her case were both how to calculate her rate as well as what damages related to her fall. The parties reached a settlement using a combination of both her full-time salary with the State of Iowa and her part-time wages with Prairie Meadows, thereby significantly increasing her settlement value.

Represented DL, who suffered a traumatic amputation of multiple fingers in a press at work and bilateral carpal tunnel with extreme post-traumatic stress disorder from the accident. DL was later diagnosed with complex regional pain syndrome. We obtained a significant confidential settlement for DL that included a lump sum payment for his injuries plus additional funds for retraining and/or re-education.

Represented JN, who sustained a head injury resulting in severe loss of vision and depth perception in his left eye. He was evaluated by a neuro-ophthalmologist and neuropsychologist before undergoing an independent medical examination. The indecent medical examination released agreed with the directed care physician to released JN to work with no restrictions, but the pragmatic limitations on JN may have prevented him from certain promotions within the company. The parties reached a settlement based on 60% body after the independent medical examination resulted in a 28% body as a whole impairment rating.

Represented TM in a work injury resulting in a traumatic amputation and re-attachment of his right index finger. TM was diagnosed with complex regional pain syndrome by his treating physician that was later challenged by a physician the employer sent TM to for an independent medical examination. TM's injuries were the result of alleged negligence on the part of a third party that his employer contracted for concrete work. We obtained a settlement in the amount of $207,467.66, on the workers' compensation claim and an additional settlement of $300,000.00, against the third party that the employer contracted with for a total settlement of $507,467.  

Represented an injured worker who had an upper extremity injury that resulted in a condition known as radial nerve palsy affecting the strength and stability of the extremity. We were abo to obtain a favorable result in excess of $165,000 in benefits. We included protective language in the settlement agreement that limited the offset social security disability that could attribute to an SSDI claim. The injured worker is now able to also seek SSDI and Medicare benefits over and above his lump-sum portion of the settlement.

Represented an injured worker who sustained an injury to his shoulder and thoracic injury. The directed care physician provided a rating of 16% whole person which would equate to approximately $76,000 in future benefits. We were able to achieve a result of approximately 45% in a lump sum settlement equating to $200,000. We entered into an agreement providing protective social security offset language allowing the injured worker to pursue SSDI and Medicare benefits with a minimal offset against his SSDI claim.

Represented an injured worker who was employed as a teacher. The injured worker sustained a severe aggravation of a pre-existing injury that caused her debilitating pain. She was forced to leave her job due to her back pain. We were able to obtain a lump sum settlement in the amount of $185,000 and included protective language in the agreement that limited her offset for the purpose of SSDI and Medicare. The client has since been approved for SSDI and benefits from the protections included as part of the settlement.


MEDICAL MALPRACTICE

Represented KY, who was diagnosed with a protruding disc and underwent surgery to repair it. The patient's symptoms worsened post-surgery until he lost the use of his arms and legs. KY was then discovered to have a tumor on his spine that was the real cause of the back pain. The tumor was present on the original MRI, but both the radiologist and surgeon failed to diagnose the ailment. KY recovered from the use of his arms and legs but continued to suffer significant pain and discomfort from both the misdiagnosis and unnecessary back surgery. We were able to obtain a settlement in the amount of
$950,000.

BEDBUGS

Represented a victim of a bed bit infestation in a Super 8 in western Iowa. The victims (husband and wife) sustained multiple bites over a few days. While most of the bite marks healed, the couple had some lasting scars from the incident. The couple received a settlement in the amount of $65,000.

Represented an individual who was subject to a bed bug infestation at a water park hotel in Iowa. During the course of the proceedings, the water park was sold. The hotel’s insurance contract excluded bed bugs from their insuring agreement forcing the hotel to cover both the loss and their attorney fees out-of-pocket. The parties reached a settlement agreement whereby the prior owner would pay 2 installments of $20,000 for a total settlement of $40,000.

Represented a family that was subject to a beg bug infestation at a hotel in Alaska. The venue selection clause required that we pursue the claim in Seattle, Washington. Our clients live on the east coast. We settled the case after mediation in Seattle for $45,000. Our clients were able to remain on the east coast during the course of the litigation the case was resolved without the necessity and expense of travel.

Class action case settled against Royal View apartment complex owned and operated by the City of Des Moines for $900,000 IN April of 2019. This case involved a building-wide infestation on the north side of downtown. This case was litigated over 5 years and required the class to defend the certification at the Iowa Court of Appeals and before the Iowa Supreme Court on an Application for Further Review by the Defendants. This settlement is subject to court approval by the Iowa District Court in Polk County.

Class action case involving a building-wide bed bug infestation that we prevailed on a class action certification proceeding in federal court in the Northern District of Illinois (Chicago) on a claim against the Waukegan Housing Authority in April of 2019. This is the first known bed bug class action certified in a federal district court. The federal court ruling was not only based on traditional state law claims but also a civil rights theory for State-Created Danger, which is a federal cause of action.

Class action bed bug case involving building-wide infestation of bed bugs in 2 high rise super-structures in downtown Des Moines. The case was certified in the Polk County District Court and affirmed by the Iowa Supreme Court. The class settlement of $2,450,000 was distributed to class members who lived in Elsie Mason Manor and Liguti Towers over the affected class period. As part of the settlement, aggressive protocols were established to prevent another flare-up of bed bugs.

Multi-tenant bed bug case involving a single resident occupancy (SRO) building in San Diego involving a comprehensive bed bug infestation. A major issue in the case was whether the structure should be deemed an apartment complex, thereby implicating habitability laws or a hotel. The case was resolved for $350,000. The plaintiffs offered to resolve the case as a class action, which was rejected as was a suggestion that more aggressive protocols be established. The settlement left open the potential that a second lawsuit could be filed, including once requesting class-action status if the bed bug problem were to persist.

Multi-tenant bed bug case involving infestation in an apartment complex in San Diego. We obtained a settlement in the amount of $250,000 divided equally among the Plaintiffs. The filing of the lawsuit prompted the apartment complex to take aggressive steps to remediate the bed bug infestation.

Multi-tenant bed bug case involving a HUD property in the Los Angeles area.    We obtained a settlement of $350,000 divided equally among the Plaintiffs. After filing the lawsuit, the property owners who initially refused to follow the advice of their pest management professional hired a reputable exterminator who performed building-wide remediation of 100% of the units in this high-rise superstructure.

The homeless shelter bed bug case involved both an open dorm and a series of HUD apartment units that were infested with bed bugs. The case was filed and certified as a class action by the District Court in Polk County, Iowa. The parties have agreed to terms for a $200,000 settlement.

 

GENERAL

Ski area negligence case filed against Vail Resorts, who operate Keystone Ski area in federal court in Colorado. BB was an Iowa skier traveling downhill and was struck by a ski patrol worker traveling uphill on a snowmobile. BB suffered a patella fracture and 2 meniscal tears that were surgically repaired. We filed suit in federal court to avoid having to litigate the matter in Summit County, Colorado, whose economy is dependent on the ski industry. We obtained a confidential settlement after a settlement conference held by the federal Magistrate judge in Denver.

Prisoner rights case filed on behalf of PR in federal court alleging deliberate indifference to an inmate's health and safety after she was sexually assaulted by a male guard at the Iowa Correctional Institution for Women. The jury awarded $45,000 against the Warden and Security Director for failing to take action after knowing that the perpetrator was at risk of having sexual contact with inmates, and the court awarded an additional $60,000 against the officer. The court also awarded PR's attorney fees in connection with the case. This result came on the heels of other cases filed against the institution involving a $100,000 verdict in Polk County where we sued the prison on behalf of a female officer who was fired after exposing sexual assaults by an officer on another inmate and a settlement of $102,000 on behalf of the inmate.

Shareholder derivative case where we represented MM, a minority shareholder, against a local closely held corporation. The dispute was over the value of MM's shares and whether the company illegally issued new shares, thereby diluting MM's interest without first offering those shares to the existing shareholders that included MM in violation of the parties' Buy-Sell Agreement. The lawsuit involved complex accounting principles requiring extensive use of financial experts and Certified Public Accountants. The parties reached a settlement agreement on all issues 2 days before the trial.

HABITABILITY

Represented several tenants of Central Park Towers in Kansas City, Kansas on a habitability claim involving substandard conditions stemming from a bed bug infestation, mold infestation, and generally poor conditions. We obtained a gross settlement in the amount of $2,560,000 against multiple property owners during the subject period. Additionally, we were able to obtain an agreement from the new ownership group to rehab the entire building and relocate tenants during the process. The tenants maintained an assignment of a bad faith action against one of the insurance companies for failure to participate in the settlement forcing one of the actual defendants to pay a portion of the settlement personally. Our co-counsel included Bryce Bell, Zachery Poole, and Gina Chiala in Kansas City, Missouri. Our firm works with the Bell Law Firm in Kansas City on multiple mass torts and class action cases in Missouri, Kansas, and Northern California.

CARBON MONOXIDE

Represented a surviving child in a wrongful death case involving carbon monoxide poisoning. There was a dispute on the value of loss of estate and consortium due to the age of the surviving youth and the limited contact he shared with his deceased father who lived out of state. We obtained a settlement in the amount of $250,000 which we placed in a structured settlement for use when the child grows up and becomes an adult whereby the funds are invested and protected in a secured annuity. We used the services of Summit Structured Settlements in Waukee, Iowa for the structured settlement.