Our Results:

Personal Injury – Autos – Trucking

$2,500,000

2016 – Minnesota

Type of Action – Trucking Accident

Injury – Post Traumatic Brain Injury to passenger in utero

Description – A speeding semi-tractor, pulling a double tanker trailer broad-sided a vehicle that had slowed and was attempting an illegal u-turn.  The wreck resulted in the wrongful death of the driver of the vehicle.  Additionally, there were severe injuries to the pregnant passenger including the infliction of post traumatic cerebral palsy to the passenger’s son, who was in utero during the accident.

 

$2,200,000

2006 – Minnesota

Type of Action – Product Liability Automotive

Injury – Paraplegic

Description – A defectively designed motor vehicle was cited as the cause of an on-road SUV rollover in which plaintiff, due to a roof crush, sustained catastrophic injuries rendering him a paraplegic.

 

$2,250,000

2010 – Wyoming

Type of Action – Trucking Accident

Injury – Wrongful death; traumatic brain injury, facial and scalp lacerations, pelvic fracture, anemia due to blood loss

Description – On the snowy afternoon of the collision, the Plaintiff’s four of four was parked in the emergency lane due to an accumulation of snow of their windshield and poor road conditions.  The Defendant was driving at an excessive speed for the circumstance and lost control of his tractor-trailer.  The semi jackknifed and hit the left rear portion of the Plaintiff’s vehicle.  The Plaintiff husband, the driver, succumbed to his injuries the evening of the crash and passed away. His two daughters and wife were also severely injured in the accident.  The trucking company had $2,000,000 insurance limits which were tendered.  Plaintiff’s then attempted an action against the shipper for negligent selection of an independent contractor (trucker) a case of first impression in Wyoming.  The case settled for a confidential amount after Motions for Summary Judgment were argued.

 

$1,650,000

2013 – Kentucky

Type of Action – Trucking Accident

Injury – Brain injury, crushed bones, muscle injuries

Description – A hard-working father of five was struck on the passenger’s side of his vehicle by a semi tractor-trailer who failed to yield the right of way and ran a red light.   The driver was ejected from the vehicle hundreds of feet away from his crushed vehicle onto the pavement after the passenger door opened during the collision.  The driver sustained extensive injuries including a traumatic brain injury, bleeding in the brain, spinal and skull fractures, numerous crushed and broken bones, and muscle tears.  Plaintiff’s had to overcome a seatbelt defense.

 

$1,250,000

2004 – Minnesota

Type of Action – Motor Vehicle Accident

Injury – Traumatic Brain Injury

Description – A 16-year-old passenger received a traumatic brain injury after the vehicle the teenager was in hit another vehicle.

 

$1,600,000

2014 – Wisconsin

Type of Action – Trucking Accident

Injury – Brain injury resulting in a persistent vegetative state

Description – Defendant drove an overweight tractor-trailer off the road, where it came to rest laying perpendicular to the road.  The tractor-trailer was in such poor repair that the state transportation department found at least 6 regulatory violations, any one of which made the tractor trailer illegal to be operating on the road. And, at the time of the collision, Through discovery Plaintiff’s developed facts that suggested Defendant-driver has been driving continuously for 14 hours and was driving too fast for the conditions.  There were eye witnesses that testified that due to the rain and icy conditions it was difficult it see the stopped tractor-trailer that was blocking traffic. In fact, both witnesses said they were within a few hundred feet before they saw the massive truck.  The Plaintiff was not as fortunate as the witnesses. Her vehicle skidded beneath the tractor-trailer, shearing the top of car.  She was struck in the head and has been in a vegetative state ever since.  The trucking company only had $1,000,000.00 in coverage, so Plaintiff’s sued the broker for negligent selection of an independent contractor and successfully recovered for the Plaintiff.

 

$1,400,000

2016 – Minnesota

Type of Action – Product Liability

Injury – Severe brain injury that required surgery

Description – Plaintiff was working on his farmland when the family pick-up truck got stuck in the mud.  The Plaintiff went home to fetch equipment to dislodge the truck, and found that his son was home from college.  The father and son took a pull rope and two clevises, which were purchased under the advice of the local farm equipment store, to the field.  While attempting to pull the truck from the mud, one of the clevises failed, flew through the windshield of the tractor, and struck the Plaintiff violently in the head.  The manufacturer of the clevises had special knowledge of the risks associated with their use, and failed to warn their customers of these risks.  If it were not for this negligent practice, the plaintiff would not have had to endure a massive skull fracture, traumatic brain injury, and left-side paralysis.  The plaintiff can no longer run his family farm or manage his person care.  Although the plaintiffs disposed of the defective product and were sanctioned for spoliation, counsel for Plaintiff’s were able to make a significant recovery in very tough products case.

 

$910,000

2015 North Carolina

Type of Action – Trucking Accident

Injury – Permanent spinal and neck injuries

Description – A tractor-trailer crashed in a motor vehicle after merging into the vehicle’s lane of travel causing a side-swipe collision that forced the driver of the vehicle into a median barrier at a high speed.  As a result of the accident, the driver received alarming and permanent spinal and neck injuries which gave rise to severely limiting work restrictions.  Plaintiff underwent a spinal fusion.  After Defendant’s admitted liability, the case resolved at mediation.

 

$910,000

2014 – Minnesota

Type of Action – Trucking Accident

Injury – Lower back pain resulting in surgery

Description – Wife and Mother of two was working for her state’s department of transportation at the time of the collision.  On the day in question, she was sitting in an early warning vehicle to give vehicles notice of the upcoming road sweeping truck.  This is when the Semi-Driver Defendant failed to move over for traffic control signal and stuck the truck the Plaintiff was in.  Semi Driver had numerous moving and safety violations.  The Plaintiff received a severe lower-back injury that finally resulted in surgery after months of physical therapy.

 

$890,000

2012 – Iowa

Type of Action – Trucking Accident

Injury – Wrongful death

Description – Distracted driving and needlessly speeding were major contributing factors to the careless Defendant fatally injuring the Plaintiff by striking him with his tractor-trailer.  The husband, father, and grandfather was thrown some 40 feet into a ditch from his backhoe where he had been working diligently just prior to the accident.  The driver of the tractor-trailer had a checkered driving and safety history, and never should have been allowed to operate a commercial vehicle.

 

$700,000

2016 – Minnesota

Type of Action – Trucking Accident

Injury – Closed head trauma, severe knee, foot, and shoulder injuries

Description – Plaintiff was traveling North when Defendant who was traveling East on a perpendicular roadway, failed to stop at a stop sign and hit Plaintiff.  Witnesses confirmed that the Defendant failed to stop and marks on the scene did not show any sign he tried to stop. Plaintiff suffered numerous injuries including, closed head trauma (subdural hematoma and facial fractures), shoulder dislocation and injury, severe joint sprain, fracture of right foot, lower back discomfort and left ACL injury requiring a knee replacement.

 

$600,000

2014- Illinois

Type of Action- Trucking/Pedestrain

Injury- Fractured tib/fib fracture with surgery.

Description- Plaintiff was crossing in a crosswalk when a tractor-trailer made a turn in knocked pedestrian down.  Witnesses indicated that Plaintiff walked into the trailer.

 

$535,000

2012- Minnesota

Injury- Shoulder Surgery/Low back surgery

Description- Plaintiff trucker was hit head-on by another trucker that was swinging wide to make a turn.  The accident occurred at low speeds.  Plaintiff had injuries resulting in shoulder surgery and back surgery.

 

$500,000

2012 – Minnesota

Type of Action – Bicycle Injury

Injury – Skull fractures, balance issues, broken arm, rub, and shoulder blade, shoulder injury, loss of consortium

Description – Plaintiff was riding his bicycle across the intersection of an overpass when he was struck broadside by the Defendant.  Facts developed suggested Defendant went through a red light.  Plaintiff disputed these facts  The Defendant failed in his duty to operate his vehicle in a careful manner and did not allow the Plaintiff sufficient time to clear the intersection with his bicycle.

 

$320,000

2015 – Indiana

Type of Action – Trucking Accident

Injury – Torn rotator cuffs and whiplash

Description – A negligent tractor-trailer driver jackknifed his truck during icy road conditions, causing a chain reaction collision of four tractor-trailers.  The Plaintiff was struck in the back of his vehicle and then thrust forward into a fourth vehicle. The dual impacts caused the driver to take a hard jolt to his shoulders and snapped his head backwards and then forwards.  Resulting injuries included pain in the neck and back, and muscle torn rotator cuffs in both shoulders requiring multiple surgeries.

 

$265,000

2014 – South Carolina

Type of Action – Trucking Accident

Injury – Brain injury resulting in major neurological deficits

Description – A once vital business owner sustained a closed head injury resulting in deficits.  On the evening in question, a tractor-trailer backed into his driveway, blocking the lane of traffic. The tractor had faulty taillights, making it difficult to see in the evening.  As a driver came toward the truck, the driver failed to warn of his presence or evade the crash in any way.  A vehicle struck the right, passenger side of the tractor. Because of this crash, the driver of the vehicle suffered a severe brain injury, loss of vision in one eye, difficulty walking and lasting neurological deficits, including word finding and multitasking.  Plaintiff was forced to litigate a dec action and the tort action simultaneously.  Plaintiff prevailed in the dec action and the case settled.

 

 $260,000

2014 – Minnesota

Type of Action – Trucking Accident

Injury – Spinal and neck injuries

Description – A tractor-trailer rig moved into the right lane, striking the left rear of driver’s vehicle with the front of his tractor, causing the driver’s vehicle to spin out into traffic where it struck another vehicle.  The driver suffered significant injuries due to the impact.  Encompassed in these injuries were headaches, numbness in the extremities, and neck pain that resulted in multiple spinal surgeries.

 

$240,000

2013 – Minnesota

Type of Action – Trucking Accident

Injury – Wrongful death

Description – On a foggy morning, which the Highway Patrol described as having zero visibility, a young, female driver was attempting to cross the highway when she was t-boned by a tractor-trailer.  The driver of the car sadly died at the scene of the accident. The negligent Defendant, who left the accident uninjured, breached his duty to drive with extreme caution in hazardous weather conditions.

 

$1,125,000

2002 – Minnesota

Type of Action – Product Liability Automotive

Injury – Paraplegic

Description – A Ford Explorer swerved to avoid a deer, causing the vehicle to roll over. The passenger sustained a spinal injury, rendering him paraplegic. This is the first lawsuit in Minnesota involving the alleged tendency of Ford Explorers to roll over. See in news article 1 and article 2

 

Burn Injuries-Propane Explosions

Peer v. SD Propane Distributor ( North Dakota) (2015)

Fact: The clients sustained serious burns when propane gas leaked from a corroded gas line located in the basement. The propane company, failed to conduct mandatory testing and inspection of the propane system.

Settlement: A trial of this case was scheduled for trial in 2015, and settlement was reached shortly before trial.

Nelson v. Southeast Propane (North Dakota) (2015)

Fact: Mr. Nelson sustained serious burns when propane gas leaked from a corroded gas line located in his basement. The propane company, Southeast Propane, failed to conduct mandatory testing and inspection of the propane system, in which the propane gas system contained an out-of-date regulator which was required to be removed and replaced with a new one.

Settlement: A trial of this case was scheduled for April 2015, and settlement was reached shortly before that to compensate Mr. Nelson for his injuries.

Anderson v. Gas Co. et al. (2012)

Fact: A father and daughter were severely burned in Minnesota in the propane gas explosion that occurred in a resort cabin. An exterior propane gas line corroded in leaked gas into the building. The Beattie Law Firm established that the retailer was negligent in failing to warn about the dangers of propane and to discover and change the leaking propane gas line.

Settlement: A settlement was reached with the various parties in the amount of $3 million.

Campfield vs Gottula Propane Service, Inc., et al. (Nebraska 2010)

Facts: A propane explosion occurred at the home of our client, resulting in rendering our client disabled and completely unemployable as a result of his injuries. In the explosion he suffered severe burns, full and partial thickness to the head, face and upper body – covering 35-45% of his total body surface area. The case was based on the negligent failure to warn concerning the dangers of propane.

Settlement: Obtained a substantial settlement for the Client prior to trial.

Williams vs. Gas Co. (2008)

Fact: A 14-year-old boy was seriously burned in a propane explosion. The retailer failed to adequately warn about the dangers of propane gas and the need to utilize gas detectors.

Settlement: After a week trial in Iowa, the insurance company for the propane retailer paid a very substantial settlement to the boy.

Client v. Gappa Oil, et. al. (Minnesota 2008)

Facts: A Minnesota resident received substantial burn injuries in a propane gas explosion at her house. An uncapped line leaked propane gas into the home. The home did not have propane gas detectors to warn the homeowner of the fugitive gas. The case is still pending in Minnesota against other liable parties upon theories of negligent failure to adequately warn, negligent testing, negligent inspection, and gas detectors

Settlement: A $1,000,000.00 settlement was reached against an electrical company that contributed to the cause of the explosion.

Blasel v. Propane Retailer, et. al.(Wisconsin 2007)

Facts: Mr. Blasel suffered burns in a propane gas explosion. A brass fitting corroded and propane gas leaked into the home. Soil is known to scrub or take out the odorant and the leaked gas contained no warning agent. The claim was resolved prior to filing a lawsuit.

Settlement: $1,000,000.00

Vega v. Propane Retailer, et. al. (Mississippi 2006)

Facts: Three young children were badly burned when a cat with a litter somehow caused a fuel shutoff valve improperly placed in a wall was opened allowing gas to leak into the home. The children came home from school and the oldest start to cook an afternoon snack. When she lit the stove the leaked gas exploded. The case was defended by the retailer on the basis that it was not a propane gas explosion.

Settlement: The case was settled resulting in a $6,000,000+.

Goehring v. Flying J, et. al. (Idaho Federal Court 2005 Trial)

Facts: Client purchased a 100 pound propane cylinder to provide heat to his house following a storm that knocked the power out to his residence. He took the cylinder home, placed it on the floor and left for two hours. When he returned, he smelled gas and attempted to carry the cylinder out of the house. When he picked up the cylinder, the home exploded.

Settlement: The McEwen Law Firm obtained confidential settlements on behalf of its client.

Booker v. Propane Retailer, et. al. (Michigan 2005 Arbitration)

Facts: Mr. Booker sustained serious burns in a propane gas explosion caused by leaking propane gas. The case was based on negligent failure to warn, including the failure to warn about gas detectors. The case was defended by the retailer by blaming the client for the leak.

Arbitration: The case was tried in state ordered binding arbitration resulting in a $1,500,000 arbitration award.

Swanton v. Defendants (Kansas 2005)

Facts: Three children received serious burns in a propane gas explosion in Kansas. The case was based on negligent failure to warn, negligent testing of the property, and negligent inspection of the property.

Settlement: The McEwen Law Firm obtained a substantial confidential settlement for the children. The settlement amount, however, was limited due to Kansas caps on lawsuits.

Krueger v. Propane Retailer, et. al. (Minnesota 2005)

Facts: Mr. Krueger received serious burns in a propane gas explosion in Minnesota. The case was based on negligent failure to warn, including the need for gas detectors and negligent inspections of the propane gas system.

Settlement: The McEwen Law Firm obtained a $1,800,000 settlement for Mr. Krueger.

Freeland v. Ferrellgas (Michigan 2003 Arbitration)

Facts: A retired couple was burned in a propane gas explosion in Michigan. The husband died as a result of the burns received in the explosion. The wife survived, but she sustained critical burns. The case was based on negligent failure to warn about the defects of odorized propane as well as the retailer’s failure to respond to numerous calls by the Freelands regarding gas leaks.

Arbitration: The case was tried in state ordered binding arbitration resulting in a $8,300,000 arbitration award.

Countryman, et. al. v. Iowa Double Circle, et. al. (Iowa 2002 Trial)

Facts: Seven people were killed, and many others were seriously injured during a family gathering in Richland, Iowa. The home that was the gathering place for the family and friends exploded due to the accumulation of propane gas. The case was based on the negligent failure to warn concerning the dangers of propane and the reasonable measures to take to ameliorate those dangers.

Settlement: Settlement was reached against the propane retailer for the policy limits of $5,000,000 and with the homeowner for $1,300,000. The wholesalers and pipeline settled for a significant confidential amount prior to the start of trial. Trial began against Lennox, the appliance manufacturer, before the case was settled for a substantial confidential amount during voir dire. The press reported total settlements of approximately $20,000,000.

In addition the District Court dismissed during the case a wholesaler based upon the limited liability statute. This was appealed to the Iowa Supreme Court which resulted in a reversal finding that a managing partner to a limited liability corporation can be personally liable.

Bach v. Sapp Bros, et. al. (Iowa 2001 Trial)

Facts: Client purchased a 100 pound propane cylinder to provide heat to his house he was building. The cylinder leaked in the unfinished basement.

Settlement: The McEwen Law Firm obtained a confidential settlement on behalf of its client with main defendants before trial.

Client v. Propane Retailer, et. al. (North Dakota 2001)

Facts: Client purchased a 100 pound propane cylinder to provide heat to his house following a storm that knocked the power out to his residence. He took the cylinder home, placed it on the floor and left for two hours. When he returned, he smelled gas and attempted to carry the cylinder out of the house. When he picked up the cylinder, the home exploded.

Settlement: The McEwen Law Firm obtained a confidential settlement on behalf of its client.

Wickenkamp v. Gas Company (2000)

Fact: A gas explosion occurred near Oskaloosa when the father of a minor boy was attempting to transfer propane from a larger cylinder to a smaller cylinder. Suit was filed based upon failure of the propane gas retailer to adequately warn regarding the dangers of transferring propane from one cylinder to another.

Settlement: After a week’s trial in Polk County District Court a substantial confidential settlement was reached.

Nehrig v. Thermogas et al. (Iowa 2000)

Facts: Two volunteer fire fighters were killed and seven other people were injured when a blazing 18,000 gallon propane tank exploded in Albert City, Iowa. The propane tank lacked adequate collision protection, and the entire propane system design was flawed.

Settlement: The McEwen Law Firm obtained confidential settlements on behalf of their clients.

Lawson v. Coop, et. al. (Minn 1998)

Facts: Mrs. Lawson was killed in her sleep from a propane gas explosion. The case against the retailer was brought based on negligent failure to warn concerning the dangers of odorized propane. The warning odor will not warn a sleeping person.

Settlement: The McEwen Law Firm obtained a significant confidential settlement for Mr. Lawson.

Mahr v. Coop, et. al. (Minn 1997)

Facts: Mr. Mahr was critically burned in a propane gas explosion in a winter cabin in Wisconsin. The case against the retailer was brought based on negligent failure to warn concerning the dangers of odorized propane.

Settlement: The McEwen Law Firm obtained a significant confidential settlement for Mr. Mahr.

Amberson v. Red Lake Coop, et. al. (Minnesota 1997)

Facts: Mr and Mrs. Amberson, both Native Americans, received burns in a propane gas explosion in Minnesota. The case was brought against based on negligent failure to warn concerning the dangers of odorized propane. There were no lost wages, and there was little by wage of medical treatment. There were also significant issues of comparative fault.

Settlement: Settlement was reached for approximately $800,000.

“There is no doubt that Peter Kestner, along with the Attorney’s and Staff at McEwen & Kestner, PLLC are specialists in Auto Injury accidents! In 2010 I was involved in an auto accident, and required treatments in many different states. While I personally took care of many of the negations with the insurance company, I was completely uncomfortable with settling my case. None of the treatments could determine the cause of the semi-permanent damage to my shoulder due to the accident. There were no diagnoses, and nowhere to turn when it came time to settle. That’s when I began the search for a lawyer, and found McEwen and Kestner!
Their expertise made the experience hassle-free, hopeful and honest. They genuinely understood my pain and suffering. After giving them the name of the insurance company, the names of each doctor, and a little background information Peter took over! With a simple monthly check-in from me, a demand letter went out for a settlement in a matter of months.
I was blown away by the results! Within just 2 weeks of negotiation, Peter landed a settlement rate with the insurance company, while keeping me involved via quick 5-10 minute phone calls! The settlement amount was 90% more than I anticipated; I felt relieved, and adequately compensated.
Less than a month later, my check settlement check has processed through their office and is on its way to me! ”
★★★★★ 5/5 Stars -Kay

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