Les Gelhar obtained a favorable verdict for a restaurant client in this motor vehicle negligence and dram shop case. Plaintiff Pecora was a passenger in Mr. Silva’s vehicle which overturned while driving at speeds exceeding 100 mph. Ms. Pecora was ejected from the vehicle and suffered multiple fractures and a degloving injury to her arm. Mr. Silva had a .249 BAC less than an hour after leaving our client’s restaurant. He consumed 2 tall draft IPAs each measuring about 19 ounces at the restaurant and had been drinking before arrival. The jury apportioned 15% fault to the restaurant, 65% to Mr. Silva and 20% to Ms. Pecora. The net award against the restaurant was a fraction of Plaintiff’s medical special damages.
Les Gelhar obtained a defense verdict for the Union Pacific Railroad in this FELA negligence claim. Kevin Hamilton, a railroad conductor, claimed he suffered a career ending knee injury when he stepped in a hole located along an industry siding in Des Moines. The jury found no negligence on the part of the railroad, or the involved industry, and placed sole fault on Mr. Hamilton. The trial court also significantly restricted the opinions of plaintiff’s track safety expert, Alan Blackwell in a series of motions in limine, including any opinion by Mr. Blackwell that federal regulations were violated.
Charles Hvass and David Donna were part of a team that obtained a Judgment on the Pleadings for the Union Pacific and other defendants in a multi-billion dollar claim for property damage arising out of the 2008 flooding of Cedar Rapids, Iowa. Plaintiffs claimed that multiple bridges spanning the Cedar River, two of which were owned by the Union Pacific, led to the 500 year flood. The District Court held the claims for property damage by over 6,000 landowners were pre-empted under Federal law, and dismissed the claims, awarding costs against the plaintiffs. The case involved multiple issues interpreting the scope of the Interstate Commerce Commission Termination Act (“ICCTA”), the powers of the Surface Transportation Board, and pre-emption of state law attempts to regulate the operation of rail activities.
Dan Mitchell obtained a defense verdict on behalf of Blazin Wings, Inc. following a jury trial in New Jersey. Plaintiff claimed that, while attempting to punch a test of strength boxing game at a Buffalo Wild Wings Grill & Bar, his follow-through struck an adjacent video game. Allegations were: the video game was negligently placed too closely to the boxing game, there were no warnings on the game, and there were no protective barriers placed upon the game. Plaintiff sustained severe fractures to his hand and wrist that required multiple surgeries resulting in disability. Plaintiff’s medical bills were approximately $62,000. The jury determined that Blazin Wings was not negligent.
Les Gelhar got a defense verdict in this case. An 80-year-old plaintiff suffered a proximal femur fracture in a fall, requiring operative repair and internal fixation. She claimed that she fell when her foot became entangled in a decorative sink curtain in the ladies room. The curtain was unfortunately disposed of the day following her fall, leading the Court to give a spoliation instruction. The jury returned a defense verdict after a three-day trial. They were not convinced plaintiff fell in the manner she described. She tested positive for cardiac enzymes in the hospital following the fall, and on cross examination, her orthopedic surgeon acknowledge the possibility that dizziness recorded in the emergency room chart may have been a symptom of an impending heart attack, not a consequence of the trauma.
Les Gelhar and Dan Mitchell obtained a directed verdict on behalf of the W Hotel and The Living Room bar, which was operated by Parasole Restaurant Group, in this negligent security case. Plaintiff was stabbed by Michael Riehm, while both were attending an annual New Year’s Eve party, with a steak knife taken from The Living Room’s service area. After six days of trial, the court agreed the assault was not reasonably foreseeable and the W Hotel and Lobby Bar provided adequate security for the event.