$220,000 Settlement for Defective Valve Mechanism in Irrigation System

A client, who was working on an irrigation system that was under pressure, sustained serious injuries to his eye and arm, when a valve mechanism and safety cap on the irrigation system exploded and struck him in the arm and face. Engineers, hired by the attorneys at Nash & Franciskato, concluded that the safety cap was defective because it lacked safety chains and had inadequate warnings. Shortly after the accident, the manufacturer redesigned the safety cap to include a warning label and restraining chains.


Confidential Settlement for Defective Pain Pump Utilized Post Surgery

Our client suffered from painful bunions on both feet. She experienced severe complications after a bi-lateral bunionectomy, requiring her to undergo three additional surgeries. Our medical review and investigation revealed the manufacturer of the pain pump, utilized in the post operative recovery, misrepresented information regarding the proper use and placement of the pain pump. The case settled for a confidential amount after filing a lawsuit.


Over $50 Million In Collective Settlements involving Defective Hip & Knee Replacements

Our trial attorneys have represented clients throughout the United States involving defective joint replacement devices. We have dealt with cases involving knee and hip implants that failed because the plastic prematurely failed due to the sterilization process as well as metal-on-metal device failures. In some cases, the clients were required to have a revision surgery, resulting in additional medical expenses and pain and suffering.


$750,000 Wrongful Death Settlement Against Paving Contractor

A 19-year old woman died when the car she was riding in lost control after encountering an unmarked, dangerous pavement edge drop-off on Interstate 70. The paving contractor failed to put up any warnings about the pavement edge drop-off or make any attempt to alert drivers to the dangerous condition. A pavement edge drop-off of just two inches can cause a driver to lose control.


$1.5 Million Settlement Against Contractor for Edge Drop Off

A client suffered severe permanent lung injuries after losing control of his vehicle upon encountering a four inch pavement edge drop-off. There was no warning of the edge drop-off and no markings on the highway to alert drivers to the dangerous condition.


$3 Million Award Against Highway Department and Contractors For Defective Construction Zone

In what appeared to be a routine traffic accident, our client failed to stop at a stop sign and was struck and killed by an oncoming motorist. After extensive investigation, Nash & Franciskato were able to prove that the intersection was dangerous due to changes made during ongoing construction. The contractors on the project had built large dirt mounds at the intersection that had blocked visibility of the intersecting highway. Additionally, the Highway Department had removed a flashing red light that had been at the intersection for 30 years, and failed to compensate for the removal with any advance warning signs. It was also discovered the Highway Department had received several complaints about the intersection prior to the accident. The contractors settled the case prior to trial for $505,000. The remaining claims were tried against the Highway Department before a panel of three arbitrators, who awarded $2.5 million.

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$3.1 Million Award Against Highway Department for Defective Highway

A husband and wife were riding a motorcycle on a highway outside of downtown Kansas City, Missouri when they encountered an unmarked “S” curve on an elevated portion of the highway causing the husband to lose control of the motorcycle. The husband and wife were ejected from the motorcycle and fell between a gap in the median instantly causing the death of the wife and serious injuries to the husband. Investigation revealed there were no warning signs informing the driver of the existence of a sudden sharp right curve and there was inadequate lighting at night. An arbitration panel awarded a combined sum of $3.1 million dollars for the wife’s death and the husband’s serious personal injuries.


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