Brian S. Franciskato – Attorney Profile

Brain S. Franciskato
online at
Super Lawyers
Brian S. Franciskato is a lifelong resident of the Kansas City, Missouri area. Prior to becoming a partner with the Nash & Franciskato Law Firm, Brian practiced in Springfield and Kansas City, Missouri in the areas of serious personal injury, wrongful death, product liability, employment litigation and commercial litigation. He is licensed to practice in Missouri and Kansas, the United States District Court for the Western District of Missouri and the United States District Court for Kansas. However, he has tried numerous cases throughout the United States, representing individual plaintiffs and large corporations in Missouri, Kansas, Illinois, Iowa, Nebraska, Oklahoma, Tennessee, New York, California, New Jersey, Georgia, Florida, Texas, Arizona, Indiana, Wisconsin, Minnesota, Kentucky and Louisiana.

Brian attended William Jewel College, graduating summa cum laude in 1990. He graduated law school in 1993 from the University of Missouri-Columbia School of Law. While in law school, Brian served on the Board of Advocates, the National Environmental Law Moot Court Team, and the Missouri Environmental Law and Policy Review. He has received numerous honors for his trial skills, including receiving the Order of the Barristers award given to the top students in trial advocacy and the Fred L. Howard Award for Excellence in Advocacy.

Most recently, Brian has distinguished himself through his work representing individual plaintiffs in serious personal injury, wrongful death, trucking and medical device litigation cases. In 2005, Brian was selected to the Board of Governors for the Missouri Association of Trial Attorneys. Additionally, he is a member of the American Association of Justice (serving in the products liability and medical device litigation sections), the Orthopedic Device Litigation Group (Member), the Missouri Bar Association (serving on the Civil Practice and Tort Law Committees), the Kansas Bar, and the Kansas City Metropolitan Bar Association (a sustaining member serving on the Solo and Small Firm Practice and Tort Law Committees).

Brian’s accomplishments include being listed by Missouri Lawyers Weekly for obtaining the 12th highest verdict in 1997 for a wrongful death claim resulting in a $3.125 million judgment. He is routinely called upon to give presentations for other attorneys for Continuing Legal Education, speaking frequently on the practice of civil litigation and evidentiary issues. Brian is the author of the Missouri Bar Evidence Deskbook: Chapter 20: Scientific Evidence (Mo. Bar Publications 2006); Plaintiff’s Personal Injury: Statutes That Effect Liability, (NBI, Inc. 2006); and A Practical Guide to Federal Court Rules and Procedures in Kansas, (NBI, Inc. 2003).

Brian is a resident of Lee’s Summit, Missouri with his wife Stacey Mortimer and four children, Emily, Caroline, Claire and Scott. Stacey is also an attorney, formerly with the Jackson County Prosecuting Attorneys Office and currently serves Of Counsel with the Nash and Franciskato Law Firm. Brian and Stacey are active members in the Lee’s Summit United Methodist Church, serving on the Children’s Ministry Board and assisting the Church in various legal matters.

Areas of Practice:

  • Serious Personal Injury
  • Wrongful Death
  • Semi-Trucking Litigation
  • Defective Medical Device Litigation
  • Orthopedic Device Failures
  • Construction Accidents

Litigation Percentage:

  • 100% of Practice Devoted to Litigation

Bar Admissions:

  • Missouri, 1993
  • Kansas
  • U.S. District Court Western District of Missouri
  • U.S. District Court District of Kansas

Education:

  • University of Missouri Columbia School of Law, Columbia, Missouri, 1993
  • J.D.
    • Honors: Order of Barristers;  Fred L. Howard Award for Excellence in Advocacy;  American Jurisprudence Award in Pre-Trial Litigation and Practice
  • William Jewell College, 1990
  • B.A.
    • Honors: Summa Cum Laude; Deans List, Mortar Board; Eons (Senior Honorary)

Published Works and Lectures:

  • Missouri Bar Evidence Deskbook: “Chapter 20: Scientific Evidence”, Mo. Bar Publications, 2006, Supplement (2010)
  • “Working with Expert Witnesses:  The Plaintiff’s Attorney’s Perspective”, Humantec Engineering Group, 2009
  • “Litigation Strategies in Personal Injury Cases Against Manufacturers of Defective Knee and Hip Implants”, American Association of Justice, 2009
  • “Obtaining the Best Settlement for Personal Injury Clients: Work Effectively with Subrogations, Reimbursements, Liens, and Privileges”, NBI, Inc., 2008
  • “Consider Key Issues That Arise During the Settlement Process”, NBI, Inc., 2008
  • “Plaintiff’s Personal Injury: Statutes That Effect Liability”, NBI, Inc., 2006, 2009, 2010
  • “A Practical Guide to Federal Court Rules and Procedures in Kansas”, NBI, Inc., 2003

Honors and Awards:

  • Lifetime Member Multi-Million Dollar Advocates
  • Member Super Lawyers (2008, 2009, 2010)
  • Fred L. Howard Award for Excellence in Advocacy

Professional Associations and Memberships:

  • Missouri Association of Trial Attorneys
    • Board of Governors
  • American Association for Justice, Products Liability and Medical Device Litigation Sections
    • Member
  • The Missouri Bar Association
    • Civil Practice and Tort Law Committees
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association
    • Sustaining Member
    • Solo and Small Firm and Tort Law Committees
  • Orthopedic Device Litigation Group
  • Missouri Trial Lawyers Care (Mo-TLC)
  • Lawyers Encouraging Academic Performance (LEAP)