Cousineau Malone, P.A.

$15

Medical Negligence / Personal Injury

Defended American Indian Community Development Corporation from a medical negligence claim asserting that it was negligent in its detoxification care when the Plaintiff eloped from a detoxification facility while under a court commitment order - seven day after eloping he sustained severe personal injuries. After an eight-day trial involving both liability and damages, as well as six expert witnesses, Plaintiff asked the jury to award in excess of $15 million in damages. The jury found AICDC to have NO FAULT with regards to the care provided to Plaintiff.

$2

Personal Injury / Workplace Safety

Defended Muska Plumbing from claims that it was negligent with regards to the safety of its employee, Plaintiff Kane Knutson, while working at Hawkins Chemical. After testimony from many fact witnesses and two expert witnesses, the judge ruled that Muska was not negligent as a matter of law because Hawkins Chemical had the sole ability to control the worksite and warn of any potential hazards. The jury proceeded to find liability against Hawkins Chemical and awarded over $2.2 million for Kane Knutson’s personal injuries.

$2

Insurance Coverage / Commercial Trucking

Obtained complete dismissal of claims asserted against her client, a commercial trucking insurer. The case arose from an accident in which a truck driver suffered multiple fractures when an 1,800-pound hay bale fell off a trailer which was being loaded. The driver asserted a counterclaim and sought damages in excess of $1.6 million based on allegations the insurer wrongfully denied no-fault and medical benefits, breached its implied duty of good faith, and violated the consumer fraud act. The federal judge rejected the driver’s arguments and ruled in favor of Attorney Novotny’s client when deciding cross-motions for summary judgment.

$50,000

Personal Injury / Commercial Trucking

Achieved a defense verdict for their client after a four day jury trial in Hennepin County, MN. The personal injury trial centered on a semi-tractor and pedestrian accident, including defense of the claimed liability, which involved testimony from an accident reconstructionist and toxicologist. The trial also involved a claimed traumatic brain injury, and significant orthopedic leg injury requiring multiple surgeries. The parties stipulated to past medical expense damages of $145,000. Plaintiff asked the jury to award between 3.5 and 4.5 million dollars for Plaintiff’s claimed permanent injuries and lifestyle changes. The jury awarded both a complete defense verdict on liability and, for damages, awarded no future damages and only $50,000 in past pain and suffering.

Insurance Coverage / Subrogation

The Minnesota Court of Appeals held that Minnesota Statutes Section 60A.41 prohibiting insurance companies from subrogating against their own insured prohibits insurance companies from subrogating against a third-party renter that is defined as an “insured” by the terms of the policy, even if the renter is not a “named insured” on the policy.

Construction Dispute

Successfully obtained a defense verdict for their client following a seven day trial in Hennepin County. Their client was a subcontractor involved in a construction dispute with a general contractor involving two building projects. The general contractor sought damages for repairs and delays it claimed resulted from the subcontractor’s workmanship on the projects. The subcontractor also prevailed in its counterclaim for damages against the general contractor.