The Montee Law Firm

$12.3M

Premise Liability / Wrongful Death / Building Explosion

Darren Handke, et al. v. Triumph Foods et al., Case No. 05BU-CV05478. James Montee of the Montee Law Firm, P.C., and other attorneys representing twenty workers injured in an explosion at the Triumph Foods plant obtained the largest personal injury settlement in the history of Buchanan County. The $12,250,000.00 settlement resolved all personal injury lawsuits related to the explosion on October 12, 2005, during the construction of the Triumph Foods plant in St. Joseph, Missouri. The explosion occurred when a worker lit a torch after a gas valve was left uncapped, allowing unscented gas to escape into the building. Plaintiff Fisher was killed in the accident; Plaintiff Jeurissen suffered back injuries and a crushed pelvis; Plaintiff Younger sustained a traumatic brain injury; and the remaining plaintiffs’ injuries ranged from a fractured leg to burns. After extensive discovery, four defendants, Epstein and Sons, a Chicago-based construction company, IHP Industrial, a St. Joseph-based plumbing company, Missouri Gas Energy, and Triumph Foods agreed at mediation to pay a combined $12,250,000.00 to settle all plaintiff’s personal injury claims.

$7.6M

Truck Accident / Wrongful Death

The Montee Law Firm obtained a $7,600,000.00 settlement for the estate of Mary Smith and for client Jane Doe from Defendant ABC Trucking, for the death of Mary Smith and the injuries by Ms. Doe in an automobile accident with ABC Trucking. On August 26, 2002, Smith and Doe were traveling eastbound on Highway 36 in Linn County, Missouri. The semi-truck owned by ABC was also traveling eastbound on Highway 36. The vehicle operated by Doe was stopped in a construction zone, at the direction of the construction site flagman. The semi owned and operated by ABC struck the rear of the Doe vehicle at approximately 50 miles per hour. As a result of the accident Ms. Smith was killed immediately. Ms. Doe suffered a severed spinal cord and a fractured right arm and was hospitalized for four months. While hospitalized, Ms. Doe underwent two spinal fusion surgeries. She also developed a decubitus ulcer which required 24 hour wound care. She will require medical care and living assistance for the rest of her life. At mediation, a settlement was reached under which ABC’s insurance carrier agreed to pay the $1,100,000.00 policy limit to settle Smith’s wrongful death claim and $6.5 million was paid to settle Ms. Doe’s personal injury claim.

$5M

Personal Injury / Vehicular Accident

Brian Gatson v. Dohrn Transfer Company, et al., Case No. 07DK-CV00046. The Montee Law Firm obtained a $5,050,000.00 settlement for a man injured in a motor vehicle accident in DeKalb County, Missouri. Brian Gatson, a 35-year-old construction worker and father, was driving a 1989 International dump truck westbound on U.S. Highway 36 in DeKalb County at 7:00 a.m. on January 3, 2007 when he struck a trailer. Just minutes before the collision, the driver of the tractor-trailer, belonging to Dohrn Transfer Company, drifted off the right shoulder, over-corrected, jackknifed his tractor, and detached the trailer in the roadway. The tractor proceeded into the median between the eastbound and westbound lanes and the trailer sat on its side across the roadway without lights. The first westbound motorist evaded the abandoned trailer, striking only minor debris without serious consequence. Mr. Gatson’s dump truck, however, hit into the trailer. Mr. Gatson’s dump truck then traveled off the left side of the roadway and struck and embankment, spun 180 degrees, struck the embankment again, then spun 90 degrees. Mr. Gatson was ejected through the windshield. Mr. Gatson suffered life-threatening injuries, including crush injury, fractured left acetabulum, fractured left ischium, scapular fracture, rib fractures, thoracic spine fractures, mid-lumbar vertebrae fractures, pelvic and SI joint fractures, and liver trauma. Mr. Gatson was continuously hospitalized for ten months after his accident, undergoing more than twenty surgeries and procedures. Mr. Gatson’s recovery was delayed by numerous complications resulting from his injuries.

$3M

Wrongful Death / Motor Vehicle Accident

Federal Judge Awards Kansas City Mother Nearly $3M After Her Son Was Hit, Killed By Mail Van

$3M

Personal Injury / Motorcycle Accident

James Montee and the Montee Law Firm reached a $3 million confidential settlement with a national food chain for the Montee Law Firm’s client, who was injured when his motorcycle was struck by a vehicle driven by the food chain’s 19-year-old delivery driver. The accident occurred on Frederick Avenue in St. Joseph, as the delivery driver suddenly switched lanes and struck the motorcycle with the passenger side of the delivery vehicle. The plaintiff was thrown over the top of his motorcycle. He was taken by ambulance to Heartland Hospital in St. Joseph, and then transferred to the University of Kansas Medical Center. As a result of the accident, the plaintiff had multiple fractures to his left leg. External fixation was employed to set the fractures, and a Foley catheter was inserted. The catheter removal resulted in severe complications. Plaintiff underwent eleven surgeries to repair his left leg, left knee, and penis; including two surgeries to reconstruct his penis. The case was settled prior to trial, through mediation.

$2.8M

Personal Injury / Complex Regional Pain Syndrome

The Montee Law Firm obtained a settlement of $2,750,000 for a client injured in a single-vehicle accident, which resulted in the complex regional pain syndrome. The Firm also represented her husband. As a result of the accident, Plaintiff suffered a severe left ankle fracture. She underwent multiple surgeries on her ankle including open reduction external fixation, irrigation and debridement with the placement of a wound vac, and removal of the implanted hardware. Eight months after the accident, Plaintiff complained of hypersensitive pain in her left foot and underwent a neurectomy of her personal nerve in the left calf. In November 2011, Plaintiff underwent left ankle fusion. In December 2010 Plaintiff began pain management treatment and underwent multiple invasive procedures for her left ankle pain, sciatic nerve injury, and back pain. Plaintiff’s treatment included lumbar facet injections, left ankle sensory nerve blocks, lumbar medial nerve branch blocks, and SI joint injections. As a result of chronic neuropathic pain, Plaintiff underwent surgery in October 2012 for permanent placement of a spinal cord stimulator. Plaintiff also claimed that as a result of the accident she developed depression and cognitive impairments. Discovery in the lawsuit examined whether these issues were a result of post-concussion syndrome, chronic pain, or entirely inorganic in nature. An IME by Defendant’s neurologist in December 2012 diagnosed the plaintiff with complex regional pain syndrome type II. The plaintiffs’ case then focused on this diagnosis as an explanation for Plaintiff’s severe complaints of chronic pain, emotional disturbance, and cognitive problems. Subsequent to the accident, Plaintiff continued her employment as a teacher’s aide. However, Plaintiff claimed that as a result of complex regional pain syndrome she would not be able to continue employment in the future and would be totally disabled as a result of the progressive nature of complex regional pain syndrome. Plaintiffs’ past paid medical bills nearly totaled $300,000. In addition, experts on both sides agreed that the future cost to maintain the spinal cord stimulator, pain management, and prescriptions over the plaintiff’s lifetime would exceed $100,000. The plaintiffs’ economist claimed a loss of household services of $300,000. After mediation, the Plaintiffs agreed to a confidential settlement of $2,750,000 and confidentiality as to all parties and defense representation.