Car accidents are caused by many things: poor driving behavior and habits, defective parts, improperly loaded large commercial trucks, alcohol impairment, night driving and the list goes on. The road you’re driving on could also be the reason. Dangerous road conditions contribute to thousands of car accidents every year.
Summer and early fall are some of the best times of the year to rev up your motorcycle and hit the open road. The warm weather, open roads, and long days create an ideal environment for motorcycle enthusiasts. But with that comes an increase in road congestion and a higher risk of accidents—not just for cars but for motorcycles as well.
In 2015, Gary Kline took Zimmer to court over its Durom Cup metal-on-metal hip implant. The jury found Zimmer liable for his health issues; however, the damages awarded were overturned on appeal. The trial court, in a decision upheld on appeal in 2018, ordered a new trial leading to a damages-only retrial.
The jury, asked to rule strictly on damages, unanimously awarded $7.68 million to Kline: $80,460.19 in past economic losses; $3.6M in past non-economic losses; and $4M in future non-economic losses.
Distracted driving is one of the leading causes of teen crashes; cell phone use another major contributor. However, a third distracted driving behavior leading to teen car accidents is the passenger interaction among teen passengers. Studies show that a teen’s chances of getting into an accident increase with each additional teenage passenger in the car.
The US Food and Drug Administration approved new warnings about an increased risk of blood clots and of death with the 10 mg twice daily dose of tofacitinib (Xeljanz, Xeljanz XR), which is used in patients with ulcerative colitis.
This new warning, issued July 26, 2019, comes just a few months after the first warning issued February 25, 2019.
Lawsuits against Johnson & Johnson for its failed Pinnacle hip device began in 2010. Since then, J&J has faced several federal jury trials over its Pinnacle hip device. While the company won the first trial in 2014; it lost three others afterward awarding plaintiffs more than $1.7 billion.
Motor vehicle crashes are a leading cause of death for children. In 2021, 711 child passengers ages 12 and younger were killed in motor vehicle crashes in the United States, and in 2020 more than 63,000 were injured. Ensuring children are properly buckled can make a lifesaving difference. Here are some safety tips for keeping children safe around cars. (Source: CDC)
Although there is no universal legal definition for a catastrophic injury, most agree that it is an extremely severe physical injury or illness that affects your quality of life on a long-term or permanent basis, affecting you and your loved ones for the rest of your lives. Oftentimes, these types of injuries result in a person being unable to resume the lifestyle he or she led prior to the injury.
Presented by Brian Franciskato, Partner, Nash & Franciskato. Delivered June 30, 2025. Part of the Kansas City Metropolitan Bar Association’s CLE by the Hour Program.
As part of the KCMBA’s ongoing commitment to professional development, this CLE course, “Fact Witness Depositions: The Backbone of Your Product Liability Case,” offered insight into leveraging fact witnesses.
A deposition is a formal procedure where a witness provides sworn testimony outside of the courtroom, typically during the discovery phase of a lawsuit. Attorneys conduct a detailed questioning process to uncover and clarify relevant facts, circumstances, and events about the case.
Fact witnesses are individuals with direct, firsthand knowledge of relevant events. They provide testimony based on their personal observations or experiences, which are crucial in:
We use our fact witnesses to help the jury understand the facts. The more you can build your case on objective fact witness testimony, the more powerful it will be.
Potential fact witnesses may include:
Within these categories, you will find a list of potential defendant fact witnesses to depose. The key is to identify individuals who bring clarity, reliability, and persuasive power.
Preparing for the deposition is essential for both the witness and the attorney. An effective preparation plan is built upon repeated meetings and should address:
Defense teams may attempt to disrupt your fact witnesses. Depositions of the defendant’s witnesses often cover:
These witnesses can be especially valuable for establishing key aspects of liability:
Fact witness depositions are a vital part of the legal process, providing essential testimony that can influence the outcome of a case.
Brian Franciskato
A partner at Nash & Franciskato, Brian represents plaintiffs in serious personal injury and wrongful death cases, as well as mass torts involving defective medical devices.
Nash & Franciskato Law Firm
A firm dedicated to nationwide representation of clients affected by automobile and trucking accidents, wrongful death, product liability, defective drugs, medical devices, and more. The firm is dedicated to helping people who are seriously injured by others.
The Kansas City Metropolitan Bar Association (KCMBA) is the largest and oldest bar association in the Kansas City area. Founded in 1884, KCMBA utilizes its rich tradition as a platform to provide current, innovative, and relevant service to its 5,000 members in its nine-county service territory in Missouri and Kansas.
The mission of KCMBA is to serve its members and its community by promoting justice, professional excellence, and respect for the law.
June 14, 2019. The Kansas Supreme Court ruled 4-2 that capping jury awards for non-economic damages an injured person is able to recover in a lawsuit violates the right to trial by jury as set out in the Kansas Constitution’s Bill of Rights.
