Significant Cases

C.W. and Z.M. vs. Foodliner, Inc. and Driver

C.W. was a 34 year old female on her way home from vacation with her husband and son, Z.M. They were traveling in southern Illinois in a motor home returning from a trip to Arkansas when the motor home broke down in the middle of the night. A call to the state police was made. Before the police arrived, the Foodliner semi ran into the rear of the motor home. C.W. and Z.M. were lying down in a bed in the back of the motor home when it was struck by the semi.

C.W. received catastrophic injuries, including significant internal injuries, seven fractured vertebrae, and a severe crushing injury to the left foot, which eventually resulted in the amputation of the left leg at the knee. C.W. was hospitalized for over four months and incurred medical expenses in excess of $1.4 million.

Z.M. was more critically injured than his mother and is believed to have been run over by the tires of the semi. He received very severe crushing injuries to his low back and legs, which resulted in the loss of significant skin and muscle tissue, as well as nerve damage in the low back that resulted in near total paraplegia to the lower body. Z.M. was hospitalized for over six months and incurred medical expenses in excess of $1.6 million.

The driver logs submitted by the Foodliner driver to the police showed the driver as being current and within regulations. A thorough investigation by Mike Stephenson included subpoenaing the data from the GPS system utilized by the trucking company to track the location of the semi. This information was subpoenaed for the six months prior to the date of the loss. The information proved that the driver had repeatedly violated Federal Motor Carrier Regulations limiting the hours of service.

The specific location of the truck for the four day trip prior to the accident was placed on a map showing its route and every location the truck stopped. With the use of a computer, we were able to draw the route of the truck and compare the locations directly to the log book entries made by the driver for this period of time. The evidence was overwhelming to show the number of hours the truck was moving while the log book entries from the driver indicated the driver was asleep in the cab.

The experts retained by Mike Stephenson included not only numerous medical experts to demonstrate the significant injuries of both plaintiffs, but also the individual who is credited with drafting part of the motor carrier safety regulations concerning the hours a driver is allowed to drive. Confidential settlements were reached in favor of both C.W. and Z.M.

W.W. vs. Clark Manufacturing

W.W. was a 55 year old factory worker working at a Ford manufacturing facility in Indianapolis. He was standing in front of a small trailer that needed to be attached to a Clark tug so the trailer could be moved to a different location in the plant. The Clark tug is commonly seen at airports to move baggage carts around. As W.W. was standing behind the tug to assist the operator of the tug in hooking the trailer, the tug accelerated as it was in reverse and ran over his mid section, crushing his hips. The tug operator was adamant that the accelerator stuck, and that he had to turn the key off to stop the vehicle.

A thorough and detailed examination of the vehicle shortly after the accident showed that there was a design defect in the acceleration system of the tug. There was a cotter pin that held the accelerator linkage to the bottom of the accelerator pedal. This cotter pin was located in such a fashion that it was able to become wedged at the edge of the accelerator when the accelerator was pushed downward and to one side, allowing the accelerator to stick in the down position.

Clark denied liability and claimed that the problems were due to the failure of Ford to maintain its equipment. A thorough examination of the equipment and the manuals provided by Clark, as well as locating Clark certified maintenance technicians, established that this was not an area that Clark had identified needed maintenance.

Prior to trial, Clark settled for a confidential amount.

J.P. (4 year old child) vs. John Doe, M.D., ENT Specialist

J.P. was a four year old boy who went in for a tonsillectomy/adenoidectomy. He went in the same day as his brother for the same surgery, and was released the following day. Three days after the surgery, J.P. was throwing up blood late in the afternoon. His mother took him back to the hospital where he was examined by the original surgeon. The child was taken back into surgery, and it was found that he did have a bleeding area coming from the surgery site. He was kept overnight at the hospital.

The medical records show that the morning following this surgery to repair the bleed, the child was "borderline needing transfusion." The ENT doctor who performed the surgery told the mother to take him home and just monitor him. At approximately midnight that night, the child woke his mother up and had blood on the front of his shirt. The mother immediately called the hospital and was connected to the surgeon. The surgeon again advised the mother just to monitor the child and to bring the child to his office the following day.

The mother took the child to the doctor's office at noon on the following day. A very minimal exam was done by the surgeon. No additional tests were requested. The doctor again advised the mother to take the child home and monitor him. Approximately four hours later, the child collapsed and started spitting up blood. An ambulance was called, and the child was taken to the hospital. The child had such a small volume of blood in his system that starting an IV was virtually impossible. The child died from loss of blood.

A medical malpractice claim was filed against the ENT doctor. The doctor denied any liability claiming the child's condition upon physical examination on each occasion was fine, and there was no justification for any additional hospitalization or further treatment. Amazingly, the medical review panel determined that there was a question of fact as to the child's condition at noon and did not render an opinion on the issue liability. Within 30 days of trial, the case was settled for a confidential sum.

R.V. vs. S.J., D.C.

R.V. was a 44 year old man who was referred to a chiropractor for low back strain that he had experienced while working as a plumber. During a typical chiropractic visit, the chiropractor manipulated R.V.'s cervical spine and neck. This specific type of manipulation is known to potentially cause the dissection or splitting of a vertebral artery at the base of the skull, which results in a major blood clot forming that travels into the base of the brain resulting in a significant stroke.

Stephenson took over the prosecution of the case against the chiropractor when R.V.'s initial attorneys failed to properly pursue the claim, and the court set a hearing on a motion to dismiss the matter. Stephenson was able to become involved in the case and, after taking the deposition of the chiropractor and performing an initial investigation, was able to obtain a confidential settlement.

J.C. vs. Grove, et al.

J.C. was a 34 year old man working as a pipe fitter in a factory as an independent contractor. While working on a Grove lift, J.C. bent over the control panel for the lift. The screws holding the guard in place had fallen out. When J.C.'s body bent over the top of the lift, a toggle switched was pushed, and the lift jumped up pinning him between the top of the lift and the ceiling. He was crushed and kept in this position for several minutes until he was found by a co-worker. He suffered significant brain damage due to lack of oxygen to the brain.

A thorough investigation identified that the lift had been sold to and maintained by the company that J.C. was moving pipes for and not J.C.'s employer. The company failed to perform any maintenance on the lift and failed to identify the guard on the operation panel. The original design of the operation panel provided the guard to be held in place with standard screws that did not have a lock nut or any locking mechanism on them to ensure a failsafe system. The design of the lift was challenged due to the poor safety design.

Several of the defendants settled prior to trial for undisclosed sums.

D.W. v. UDF

D.W. was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.'s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries.

Before trial, the defendant's company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case. The defendant was correct; the verdict was twice that amount.

Estate of J.M. v. Dunlop

A large chain tire retailer sold an "almost new" eight year old tire to an unsuspecting buyer in Nevada. As the young man was driving his Ford Bronco along a two-lane state road, the tire failed causing him to lose control and go left of center striking a motorcycle killing J.M. and his wife.

Stephenson was hired and went to Nevada to examine the wreck and the tire. The family had been advised initially that the age of the tire would prevent the successful prosecution of a wrongful death action against the manufacturer. Thorough research and the employment of national experts led to the conclusion that the original assessment was incorrect. A thorough expert analysis of the tire, along with a trip to the tire manufacturing facility and obtaining the factory specifications for the tire, allowed Stephenson to produce objective evidence that the tire had been improperly manufactured by the manufacturer's own standards. Stephenson, with the assistance of highly specialized computer animation, put together a state-of-the-art visual presentation that showed objectively how the tire failed to meet the manufacturer's own standards. This technology demonstrated clearly the magnitude of defects in the tire and how easy it would be to show a jury the reason for the tire failure.

The case settled after the presentation of the computer animation.

M.R. vs. Swift Transportation

M.R. was a very bright, hard-working, and out-going young man who had the unique ability to visualize items and then build them and put them to use. At his young age, he had already created more than one tool that was used by his employer.

M.R.'s life was changed forever when he was driving home and a semi owned by Swift Transportation failed to stop at an intersection and slammed into M.R.'s pick-up truck causing closed head injuries to M.R. M.R. was a very strong and vibrant young man and had virtually no visible injuries from the accident. However, his head was thrown into the frame of the vehicle as he was struck by the semi resulting in his being placed in a coma and receiving a significant traumatic brain injury.

A year after the accident, if you looked at M.R., you would have no way of knowing he had ever been in an accident. However, use of state-of-the-art technology, medical and psychological evaluations, and assessment techniques allowed Stephenson to demonstrate that the crushing injury from the impact by the semi had forever changed M.R. M.R. had lost his happy, out-going, pleasant personality and he was now mean, hard to get along with, and short-tempered. His creative mind no longer functioned. He was extremely frustrated by the fact that he was well aware that he cannot do today, nor will he ever be able to again do, the jobs and tasks that he was able to perform prior to the accident. With a thorough investigation and the utilization of state-of-the-art technology, Stephenson was able to demonstrate the catastrophic effect that the accident had on M.R.

The matter settled for an undisclosed sum shortly before the beginning of trial.

B.K. v. ABC Restaurant

B.K. was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C. D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.'s blood alcohol level was more than twice the legal limit.

By Stephenson's early involvement in the case, he was able to do a thorough investigation and obtain the names of witnesses that were not identified on the police report. These witnesses were able to identify the reckless driving of D.C. long before he ever hit B.K. In addition, other witnesses were able to identify the amount of alcohol that D.C. was served by ABC Restaurant.

As a result of the terrible accident, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.'s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol. Stephenson pursued dram shop claims against those responsible that resulted in a settlement for a non-disclosed amount shortly after suit was filed.

When a dispute arose between the developers of the French Lick Casino, a three man arbitration panel was agreed upon. The panel consisted of Mr. McNeely, Judge William Webster (former 4^th Circuit Court of Appeals Judge, Director of the FBI and Director of the CIA) and Kenneth Feinberg (the mediator who supervised the distribution of proceeds to the families of the victims of 9/11)

Civil Litigation - Dram Shop

When an individual was sued for providing alcoholic beverages to a minor, which resulted in an automobile accident and the death of three passengers in an oncoming vehicle, the question of the reach of the Dram Shop Act in Indiana was an issue. This landmark case has influenced Dram Shop litigation in Indiana for over 30 years.

Civil Litigation - Tire Failure - Double Fatality

When a tire failure resulted in the death of a West Coast couple, their two children were left parentless. Despite an initial assessment that the age of the tire prevented the prosecution f a successful wrongful death action against the manufacturer, six months of relentless investigation and research led Mr. McNeely to the conclusion that the original assessment was incorrect.

After assembling his team of experts, visiting the site of the tire manufacturing facility, and analyzing boxes of documents and records, a case was assembled supporting the recovery of a multi-million dollar settlement. Key to the settlement was an animated presentation, which incorporated state of the art visuals recently developed at Georgia Tech University. This technology clearly demonstrated the range of defects in the tires, and coordinated those with documents from the manufacturer, in such a fashion that the jury would easily understand the causal relationship between the defective manufacturing process and the tire blow-out. This technology has since been incorporated by other attorneys throughout the nation, with similar results

Civil Litigation - Pedestrian - Wrongful Death

When a nationwide company's parcel delivery semi-tractor trailer was traveling along the Interstate highway and wandered over the fog line and struck a pedestrian, whose vehicle was disabled on the shoulder, the pedestrian was immediately killed, leaving a dependent wife, to whom he had been married for 38 years, and adult children surviving. Initially, the trucking company denied all liability, claiming that the pedestrian had been in the roadway. After a thorough investigation and consultation with numerous experts outside the state of Indiana, Mr. Harrold was able to convince the trucking company that their driver was incorrect, and that the trucking company was fully liable. This was only possible after extensive investigation and analysis of the semi-tractor's "black box."

After numerous attempts at negotiations and mediation, the case was settled for more than seven figures, structuring settlement funds and establishing an account for the widow in order to care for her for the rest of her life, thus replacing the income of the self-employed husband. This widow had never worked outside the home. One fo the keys to settlement was a video presentation of testimonials by friends and family concerning the value of the decedent to them. Numerous other audio and visual aids were employed at the mediations in order to convince the trucking company representatives and counsel of the value of this wrongful death case.

Civil Litigation - Automobile Passenger - Severe Injuries

A 63-year-old employee of a cell phone testing company was riding in the rear of a company vehicle testing cell phone reception on computerized equipment while being driven throughout the state by a temporary employment service employee. The driver suddenly dozed off, left the road, and the vehicle flipped several times. The man in the rear suffered multiple injuries. Those injuries included cervical fractures, bilateral torn rotator cuffs, fractured elbow and loss of memory. Initially, the temporary employment service who supplied the driver denied all liability and claimed that the case was only a matter for workers' compensation proceedings. To further complicate the case, the injured man lived out of state and, during the investigative stage of the case, was diagnosed with cancer and given only a few weeks to live.

Due to his impending death, a lawsuit was immediately filed, and counsel flew to Baltimore, Maryland to preserve his testimony by video deposition. The man was unable to sit up, but the deposition proceeded as he laid in his bed. The next day, the man died from the cancer and complication not related to the injuries suffered in the accident.

After extensive legal motions and argument, the case was settled for approximately one-half million dollars, structured to provide for the benefit of his widow.