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Progressive Insurance called out for defending insured’s killer

Posted on August 15th, 2012 No Comments

Comedian Matt Fisher recently called out Progressive Insurance on their seemingly unethical practices when faced with a substantial claim regarding his sister’s death.

Katie Fisher was tragically killed in a car accident in June 2010.  Katie’s estate immediately settled the claim with the at-fault driver, but Progressive refused to pay the estate any underinsured coverage without a judgment of liability against the driver.  This forced Fisher’s family to reluctantly file suit against the driver.  This is when the unexpected event occurred.  Not only did Progressive refuse to pay the underinsured coverage but they actually defended the driver who killed Katie.  Liability was eventually found on behalf of the driver and Progressive has been ordered to pay an unknown amount.

As outrageous as it sounds, this is often common practice for insurance companies who are in the business solely to protect their bottom line.  Insurance companies have one objective and that is to limit their loss exposure.  If that means defending the killer of one of their insureds, Progressive has shown they are not afraid of that fire storm.  Matt Fisher’s post has caused many people to question Progressive’s actions to which Progressive provided a robotic twitter response of “This is a tragic case, and our sympathies go out to Mr. Fisher and his family for the pain they’ve had to endure. We fully investigated this claim and relevant background, and feel we properly handled the claim within our contractual obligations. Again, this is a tragic situation, and we’re sorry for everything Mr. Fisher and his family have gone through.”

This situation is precisely why one should always higher a lawyer before discussing any facts or settlements with an insurance company.  This instance with Fisher’s estate is common place in personal injury litigation and requires a highly skilled lawyer to be on your side.

To read the entire article in its entirety click on the link below.

http://gawker.com/5934436/comedian-calls-out-progressive-for-defending-his-sisters-killer-progressive-responds-in-heartless-robot-fashion#13449796501405

If you or a loved has been injured and are in need of assistance taking on an insurance company acting in bad faith, please contact the experienced Springfield, MO personal injury law firm of Strong-Garner-Bauer, P.C. at 417-887-4300.

Lawsuits filed in fatal St. Louis tent collapse

Posted on May 14th, 2012 No Comments

The St. Louis Post Dispatch is reporting that two of the nearly 100 people injured in the April 28 storm accident at Kilroy’s Sports Bar filed lawsuits today against the pub and the company that leased and installed a tent that collapsed.

These are the first of several expected lawsuits to be filed against Kilroy’s and the company that leased and installed the tent.

If you or someone you love was injured when the tent collapsed on April 28, please contact the experienced Springfield, Missouri product liability attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Read more: http://www.stltoday.com/news/local/crime-and-courts/lawsuits-filed-in-fatal-tent-collapse-at-kilroy-s/article_d590b270-9df5-11e1-8bf6-001a4bcf6878.html#ixzz1ut2eZTPn

Missouri residents infected with salmonella from recalled Diamond Pet Food

Posted on May 14th, 2012 No Comments

The total has now risen to 16 individuals that have become infected with Salmonella from at least 11 brands of dry dog food manufactured at a Gaston, S.C., plant operated by Diamond Pet Foods of Meta, Mo. They include the store brand pet food sold by Costco, Kirkland Signature and Kirkland Signature Domain.

Lab tests have confirmed that those sick were infected with a rare strain of salmonella Infantis, which was detected only after a routine test of dry dog food revealed contamination, a report from the Centers for Disease Control and Prevention said.

Although three individuals are from Missouri, people have been infected in eight other states including North Carolina, Pennsylvania, Alabama, Connecticut, Michigan, New Jersey, and Virginia.

People can become sick by handling the tainted pet food or through contact with an animal that has eaten the contaminated food.

If you have purchased one of the 11 recalled brands of Diamond Pet Food, you should immediately discard of it. If you believe you may have contracted salmonella from the tainted dog food or any other contaminated product, please contact the experienced Springfield salmonella attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Personal injury and social networking

Posted on May 7th, 2012 No Comments

Social networking has become common-place among a large percentage of the American people. From the looks of things, it appears that social networking is here to stay and is progressing at a steady rate. Whether it be Facebook, Myspace, Twitter or another, people are willing to share or post even the most sensitive information with family and friends. Sometimes clients will unknowingly post incriminating pictures or comments that may contradict their own sworn testimony. The thought being that this “private” information is only viewable by friends and that outsiders will not have access to it. As outlined below, recent court decisions have allowed insurance companies complete access to social media where public information contradicts their own testimony.

In the Pennsylvania case of Zimmerman v. Weis Markets Inc., the judge ordered the plaintiff to provide the court with the login information for his social media account. The court reasoned that since the public portions of his Facebook and MySpace accounts showed evidence of his injury, a discovery of the remaining private postings were likely to contain similar information. The court made this decision because the man had profile pictures of himself on Facebook and MySpace. In one of the pictures, he is shown wearing shorts that happened to expose a scar from his accident.

In the New York case of Romano v. Steelcase Inc., a judge entitled defense attorneys access to the private MySpace and Facebook pages of a plaintiff who claimed to be confined to her home because of her injuries. The profile picture on one of her social media accounts depicted her standing outdoors. The court decided that because the public portions of her social networking accounts contained evidence that was contradictory to her claims, the private portions of her accounts would likely yield additional contradictory evidence. The profile picture could have been months or years before the accident. The defense pushed the idea that the woman maintained an active lifestyle, and she was not seriously injured.

Social media is now one of the first sources insurance companies check for information after a suit is filed. Insurance companies have access to Google, Yahoo!, Bing, and other search engines in an attempt to access any and all information they may be able to use against you. Anything on the web is fair game to the insurance company including posts or pictures regarding the facts or causation of the accident and the effects it has had upon the injured party.

The attorneys at Strong-Garner-Bauer, P.C. strongly encourage clients to either take down their account or deactivate it indefinitely. If deactivation is not an option, then other steps may be taken to insure complete privacy.

- Immediately make your profile “private,” and set all privacy settings to the highest level.

- Do not discuss your accident, injuries or treatment, including any prescribed medication, on these sites.

- Do not discuss activities you’ve engaged in, physical exertion, abilities and limitations, or any other information that may bear on what you can and cannot do because of your injuries—even in a way unrelated to the lawsuit.

- Remove all photographs and videos of you taken since your injury, and refrain from posting until your claim has been resolved.

- Be sure you know everybody who is your “friend.” Do not accept friend requests from people you do not personally know.

- Review your friend list and block anyone you are not 100 percent confident you know and trust. The Defendant could pose as a friend to access your personal page or to place or obtain incriminating evidence that can negatively affect your lawsuit.

If you or a loved on have been seriously injured, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Source: http://www.pbn.com/Social-Networking-Impacts-Personal-Injury-Cases,65265

60,000 pounds of tuna recalled after salmonella outbreak

Posted on April 18th, 2012 No Comments

After a salmonella outbreak affecting over 100 people in 16 states, the California based company Moon Marine USA is recalling over 60,000 pounds of frozen tuna used in sushi.

Around a dozen people have been hospitalized with symptoms of fever, diarrhea, and cramps, including three people from Greene County, Missouri.

If you have fallen ill with salmonella, please contact the experienced Springfield salmonella lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.

MoDot launches new tractor trailer safety campaign

Posted on April 16th, 2012 No Comments

MoDot will be conducting a public campaign from April 16 to May 6, which reminds motorists to drive safely around tractor trailers.

The attorneys at Strong-Garner-Bauer, P.C. frequently see individuals severely injured in tractor trailer accidents. Research shows in the majority of cases, drivers of passenger cars–especially young people–endanger themselves due to inattention and reckless driving around big rigs. Learning to drive safely near big rigs will help Missouri’s drivers reduce their risk of serious injury or death.

Some reminders from MoDOT to help keep you safe this travel season are:

Don’t cut off large trucks or buses. Make sure you can see the top of the truck or bus in your rearview mirror before moving back into your original lane.

Stay out of a truck’s blind spots or “No Zone”. Big rigs have large blind spots on either side and up to 200 feet behind a vehicle. Pass only on the left side.

Watch your following distance. Keep a safety cushion around trucks. Can you see the truck’s side mirrors? If not, the driver cannot see you.
Seat belts reduce the risk of fatal injury by 45 percent. Drivers are required by state law to wear their seat belt. Failure to do so can result in a citation. Interstate commercial drivers risk both the driver and company’s safety score if operating without a seat belt.

For additional information regarding roadway safety, or other transportation-related topics, contact the MoDOT toll free, at 1-888-ASK-MoDOT. For more information on the Big Trucks Campaign, visit www.savemolives.com.

If you or someone you love have been injured in a tractor trailer accident, please contact the experienced tractor trailer accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Salmonella cases a concern for Greene county residents

Posted on April 16th, 2012 No Comments

Three confirmed cases of salmonella in Greene county, Missouri have prompted the county to issue a warning regarding handling live chickens. The three cases are likely the result of local vendors selling live chickens.

Symptoms of salmonella may include diarrhea, vomiting, fever, and/or abdominal cramps. Severe infections can lead to hospitalization. Infants, elderly persons, and those with weakened immune systems are more likely than others to develop severe illness. Young children are especially at risk for illness because their immune systems are still developing and because they are more likely to put their fingers or other items into their mouths.

The warning provides the following tips for avoiding salmonella:

You can reduce the risk of salmonella infection from live poultry by doing the following:

Do not let children younger than 5 years of age handle or touch chicks, ducklings, or other live poultry without supervision.
Wash your hands thoroughly with soap and water immediately after touching live poultry or anything in the area where they live and roam. Avoid touching your mouth before washing your hands. Use hand sanitizer if soap and water are not readily available.
Adults should supervise hand washing for young children.
Wash hands after removing soiled clothes and shoes.
Do not eat or drink in the area where the birds live or roam.
Do not let live poultry inside the house or in areas where food or drink is prepared, served, or stored, such as kitchens, pantries, or outdoor patios.
If you have free-roaming live poultry, assume that where they live and roam is contaminated.
Clean equipment and materials associated with raising or caring for live poultry, such as cages, feed containers, and water containers, outside the house, not inside.

If you or someone you love have become ill with salmonella, please contact the experienced Springfield Salmonella attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Missouri salmonella cases linked to yellowfin tuna

Posted on April 14th, 2012 No Comments

In a recent press release, the FDA has announced that an outbreak of salmonella cases in Missouri and Arkansas are linked to Moon Marine USA Corporation’s frozen raw yellowfin tuna product. Moon Marine USA Corporation has recalled nearly 60,000 frozen raw yellowfin tuna as a result of the salmonella outbreak.

The FDA report provided the following “fast facts” about the outbreak:

Moon Marine USA Corporation (also known as MMI) of Cupertino, Calif. is voluntarily recalling 58,828 lbs of a frozen raw yellowfin tuna product, labeled as Nakaochi Scrape AA or AAA. Nakaochi Scrape is tuna backmeat, which is specifically scraped off from the bones, and looks like a ground product.

The product is not available for sale to individual consumers, but may have been used to make sushi, sashimi, ceviche and similar dishes available in restaurants and grocery stores.

The company name and Nakaochi Scrape AA or AAA were printed on boxes of the product when it was initially sold to distributors. However, the boxes may have been broken into smaller lots for further sale and may not be available to the end retailer or consumer. Therefore, the tuna may not be readily identifiable by retail outlets or by consumers as being from the implicated lots.

The Nakaochi Scrape AA and AAA from MMI was sold through distributors to restaurants and grocery stores that make sushi, and has been linked to an outbreak of Salmonella Bareilly, which has caused 116 illnesses in 20 states and the District of Columbia to date. Of the reported illnesses, there have been 12 hospitalizations, and no deaths.

Many of the people who became ill reported eating raw tuna in sushi as “spicy tuna.”

If you purchase “spicy tuna” or other sushi, sashimi, ceviche, or similar dishes that might contain Nakaochi Scrape from a restaurant or grocery store, check with the establishment to make sure that it does not contain raw recalled product from Moon Marine USA Corporation, also known as MMI. When in doubt, don’t eat it.

Consumers who think they might have become ill from eating possibly contaminated raw Nakaochi Scrape should consult their health care providers.

If you believe you may have consumed tainted yellowfin tuna, please contact the experienced Springfield salmonella attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

To read the entire FDA report, visit: http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm300397.htm

One person critically injured in motorcycle accident

Posted on April 14th, 2012 No Comments

Three people were transported to the hospital after a multi-car collision involving a motorcycle at Shawnee Mission Parkway and Antioch near Kansas City. No other details were currently available.

As the warm weather approaches, more and more motorcycles will be traversing the roadways. The attorneys at Strong-Garner-Bauer, P.C. urge motorists to keep an especially careful lookout for motorcycles. Additionally, motorcycle drivers should drive defensively and make sure and give other motorists room for error.

If you have been involved in a motorcycle accident, please contact the experienced Springfield motorcycle accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Car accidents increase on tax day

Posted on April 11th, 2012 No Comments

Deaths from traffic accidents rise 6 percent on tax day, that mid-April paroxysm of collective financial agony, according to a study published in Wednesday’s edition of the Journal of the American Medical Association. This year, since the traditional IRS tax filing deadline of April 15 falls on Sunday, the deadline will be Tuesday, April 17.

A pair of Canadian researchers tallied up U.S. tax day traffic fatalities for each year between 1980 and 2009, then compared the figures to those from two “control” days, exactly one week before and one week after. On average, they found, there were 226 deaths on tax day — 13 more than on nontax days.

The rise in e-filing — which would presumably keep procrastinators from speeding recklessly to the nearest post office — doesn’t appear to have put a dent in the trend, said Dr. Donald Redelmeier of the University of Toronto’s Institute of Health Policy, Management and Evaluation, who led the study.

Perhaps that’s because the heightened danger involves more than a deadline dash to a mailbox. Stress is a likely culprit, Redelmeier said: In general, most accidents are the result of human error, not mechanical failure, and stress has been shown to significantly worsen performance behind the wheel.

About 20 percent to 25 percent of American taxpayers file their returns within the last two weeks before the deadline, according to the Internal Revenue Service.

But even for those who don’t procrastinate, the arrival of tax day can prompt enough distraction to spell trouble, said William Helton, a psychologist at the University of Canterbury in Christchurch, New Zealand, who was not involved in the study.

“It might not even be that you’re anxious,” Helton said, but “you’re thinking about the nitty-gritty: ‘Line 27, did I put the right number in?’ ”

And then there are all those other edgy drivers to worry about, Redelmeier said, pointing out that his study used data from the National Highway Traffic Safety Administration but did not determine the circumstances behind those deadly accidents or ascertain who was at fault.

“Just because you’ve filed early doesn’t mean this is not going to affect you,” he said. “If you’re on the road for 20 to 25 minutes, it brings you into contact with 100 other drivers, any one of which could change your life forever.”

More research is needed to untangle the link between tax day and traffic deaths, said Dr. Ricardo Martinez, who headed the traffic safety administration in the 1990s. Among the outstanding questions: Does the increased risk come from a small number of really stressed-out drivers — last-minute filers, perhaps — or a large number of slightly edgy ones?

Either way, the researchers emphasized that stress is the issue in question here, not Uncle Sam. “We are not advocating an abolition of taxes,” Redelmeier said. “That does not make the problem go away.”

Read more: http://www.stltoday.com/lifestyles/health-med-fit/fitness/fatal-traffic-accidents-are-more-common-on-tax-day-study/article_23c5d859-3260-58cd-9564-1a403f887c98.html#ixzz1rnFpFxWG

If you have been injured in a car accident, please contact the experienced Springfield, Missouri car accident lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.

Consumer Reports: Most medical implants have never been tested for safety

Posted on March 29th, 2012 No Comments

You may think, if a doctor prescribes a medical treatment, it’s been thoroughly tested. For one type of treatment, however, you would be dead wrong. A Consumer Reports’ investigation found medical devices — like defibrillators, joint replacements, and even surgical mesh used to treat hundreds of thousands of women — may not be clinically tested at all.

Dr. Stephen Tower is an orthopedic surgeon. When the arthritis in his hip became too hard to bear, he opted for a metal-on-metal hip. The new hip, however, caused him so much pain, exhaustion, and depression that he had it removed.

The tissues around the hip had been destroyed, and metal debris was spreading down his thigh. Tower says normal friction in the artificial joint caused cobalt, a toxic metal, to be released into his body, leading to serious tissue, heart, brain, and thyroid problems.

Consumer Reports says this particular type of hip, called the ASR XL, was made of chrome cobalt metal, but it was never clinically tested before the Food and Drug Administration cleared it to be sold. Because of high failure rates and complications like Tower experienced, it’s now off the market.

Read more: http://www.ky3.com/news/ky3-consumer-reports-most-medical-implants-have-never-been-tested-for-safety–20120329,0,5914319.story

While metal-on-metal hips have been widely criticized, a Consumer Reports’ investigation found there are other dangerous devices that are being implanted.

Hundreds of thousands of women have had mesh slings inserted to support internal organs as they age, such as the uterus and bladder. Again, those products were never clinically tested before being marketed for that use.

The FDA’s own database shows thousands of complaints about the mesh, including debilitating infections. Yet it’s still on the market and not even classified as high-risk.

Consumer Reports believes the FDA should require rigorous testing for implantable devices, just as it does for prescription drugs.

Consumer Reports also urges creating a national registry to keep track of implanted medical devices and to be able to alert patients if there is a problem. Currently there is no such tracking in the U.S., and it’s estimated only a fraction of device problems actually do get reported

If you or someone you love has been negatively impacted by an implanted medical device, please contact the experienced Springfield medical device attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

CA court orders insurance company to pay homeowner $8 million

Posted on March 20th, 2012 No Comments

When you take out an insurance policy for property, health, or life insurance benefits, you have a right to receive benefits promptly when you file a legitimate claim. The insurance industry has expended a great deal of money and lobbying efforts to ensure that there is no single federal agency that oversees their policy and benefits practices. The result has been that Missouri is required to oversee bad faith insurance practices, which gives the insurance industry lobbyists more personal and direct access and influence. The following case out of California illustrates the risk an insurance company faces in denying your claim:

An elderly Hollywood Hills resident whose home was nearly destroyed when a dump truck crashed into it, rupturing a gas line and causing an explosion, was awarded more than $8 million after jurors found that his insurance company of more than 50 years failed to honor its contract.

The Los Angeles County Superior Court jury last week found that Residence Mutual Insurance Co. not only acted with malice and fraud in failing to fulfill its $220,000 policy with Robert Christopher, who was 86 at the time of the 2008 accident, but noted that its conduct was directed at a senior citizen, who is considered under California law more vulnerable than other members of the population.

“The insurance company did everything possible to try and torpedo this World War II veteran’s case,” said attorney Mark Geragos. “You wouldn’t treat your worst enemy the way this insurance company treated this policyholder of more than 50 years. This should be a message to insurance companies that you never put your interests before the interests of the insured.”

Attorneys for Residence Mutual Insurance, headquartered in Irvine, could not be reached for comment.

Christopher, a longtime Hollywood character actor, and his partner, Patricia Freiling, were inside their Alcyona Drive home in January 2008 when a dump truck hauling dirt away from a nearby construction site failed to negotiate a sharp turn. The truck was turning right at a nearly 90-degree angle from steep Primrose Avenue.

The 33-foot-long truck, which held 15 tons of dirt, toppled over on its side and slammed into their residence. The impact severed a gas line, setting off an explosion. Flames and smoke quickly enveloped the house.

The pair were trapped inside for nearly 20 minutes until they were able to dislodge a sliding door, according to court records. Christopher, a Marine Corps veteran, hurt his back trying to flee, and Freiling chipped a tooth and reinjured a previously broken wrist.

Despite the trauma of the incident, co-counsel Brian S. Kabateck said Christopher believed he could rebuild his home by getting the trucking company to compensate him through its insurance while also collecting on his homeowner’s policy, which he had purchased during the Eisenhower administration.

Residence Mutual not only held back payment, Geragos said, but charged Christopher for work done by an engineering firm as well as another company that charged him $20,000 to pack up his belongings for storage.

Geragos and Kabateck also successfully argued that the insurance company interfered in Christopher’s lawsuit against the construction company and the city.

On Friday, after a day of deliberation and a week of trial arguments, the jury awarded Christopher a combined $8,062,850 in economic, noneconomic and punitive damages.

In addition, Christopher recovered another $450,000 from the city, which settled with him in a lawsuit over the condition of the roadway.

Read More: http://www.ky3.com/mobile/movies/la-me-0318-fire-settlement-20120318,0,6598465.story

If you or a loved one have fallen victim to a denied or partially paid insurance claim, please contact the experienced Springfield bad faith insurance attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Kansas City head-on crash claims one life, injures three others

Posted on March 19th, 2012 No Comments

Kansas City police have identified a 19-year-old man who died in a head-on collision earlier today in the Northland as Cameron M. Heath.

The two-vehicle accident occurred about 6:45 a.m. at Northeast 46th Terrace and North Brighton Avenue.

According to police, a southbound silver Pontiac collided head-on with a northbound Tahoe.

Heath, a Kansas City resident, was driving the Pontiac. Three people in the Tahoe were taken to a hospital with what were believed to be non-life-threatening injuries.

Read more here: http://www.kansascity.com/2012/03/15/3492227/emergency-crews-working-crash.html#storylink=cpy

If you or someone you love has been injured in a car wreck, please contact the experienced Springfield car accident attorney’s of Strong-Garner-Bauer, P.C. at 417-887-4300.

NHTSA expanding probe into stuck Ford throttles.

Posted on March 14th, 2012 No Comments

The AP (3/13, Krisher) reports the National Highway Traffic Safety Administration is “investigating sticky accelerators in as many as 1.9 million Ford Taurus and Mercury Sable sedans.” The probe, which began last week has expanded “to include cars from the 2001 through 2006 model years.” In the 14 complaints of Taurus sedans accelerating on their own, the agency hasn’t heard “of crashes or injuries because of the problem.” The agency suggested that “a faulty cruise control cable” that “can detach and hold the throttle open” could be the problem.

The Detroit News (3/13, Shepardson) reports NHTSA spokeswoman Lynda Tran said the agency “is carefully evaluating all available data and will share any findings upon conclusion of its investigation.” Adding that the “request ‘is inquiring about a broader population in order to obtain a basis for comparison,’” she also said that “it isn’t uncommon to look at similar vehicles as part of a preliminary investigation.”

Car manufacturers such as Ford have a legal responsibility to ensure that their product is safe for use by consumers and end-users. Despite laws and regulations governing the safe manufacture of products, thousands of people continue to suffer serious injuries every year because of inadequate design or faulty manufacturing.

If you or someone you know suspect that you may have been injured as a result of a defective product, please contact the experienced Springfield products liability attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Plaintiff With Troubled Past Wins Greene County Trial

Posted on March 12th, 2012 No Comments

Missouri Lawyers Weekly recently published an article recounting the Greene County trial of Lewis v. Busco Inc. The plaintiff, Daniel Lewis was represented by Springfield Lawyer of the Year Steve Garner. The article reads as follows:

A Greene County jury awarded nearly $1 million to a Republic man whose car was hit by a charter tour bus headed to Branson in a 2007 accident.

That Nov. 18, Daniel Lewis, then 37, was driving his 1990 Honda Accord on Route N in southwest Missouri. A charter bus heading the opposite direction on the rural road turned in front of Lewis’ car and struck the driver’s side, according to the plaintiff’s attorneys’ written case description. James P. Mailen of Lawrence, Kan., was driving the bus.

Lewis, a concrete finisher, suffered back and spine injuries that have left him unable to work, said attorney Steve Garner, who took over the case in November, a month before the trial, after Lewis’ first lawyers stepped aside. Neither Mailen nor the bus passengers were injured. The bus driver had made a wrong turn and was trying to get back onto Interstate 44, Garner said.

Lewis sued the bus driver and Busco Inc., which owned the bus, in November 2009. The Norfolk, Neb., company does business as Arrow Stage Lines.

A four-day jury trial began on Dec. 19. In his opening arguments, Garner told the jury of his client’s history of methamphetamine abuse and “petty crimes that go along with people who have substance abuse problems.” Lewis’ rap sheet includes previous convictions for burglary, drug possession and drunken driving, court records show. He was also on probation at the time of the trial.

Lewis’ drug addiction prevented him from being treated with prescription painkillers, Garner said.

“He has chronic pain and can’t take painkillers other than over-the-counter medicine,” he said. “The jury was good to their promises not to consider [his drug abuse]. I think lawyers give it a lot more credence than jurors do.”

Lewis agreed to dismiss Mailen, the bus driver, from the case two weeks before trial.

“I didn’t see any need to drag that guy to court,” Garner said. “Ultimately, insurance is responsible. I didn’t want the jury to feel sorry for this driver.”

On cross-examination, defense attorney Dana Mark Harris elicited testimony from Lewis’ doctor that the accident victim’s injuries could have been “psychologically perpetuated.” The physician also said Lewis was “doctor shopping” in an attempt to obtain prescription narcotics.

“It appeared to me that the complaints went beyond the normal healing course,” Harris said. “His treating doctor agreed with me.”

During jury deliberations, Garner and Harris reached a high-low agreement, calling for a minimum payment to Lewis of $175,000 and a maximum of $1 million. On the trial’s fourth day, the jury returned a plaintiff’s verdict of $941,000.

Harris said he was disappointed in the verdict but didn’t plan to appeal.

Read more: http://molawyersmedia.com/blog/2012/03/12/drug-addicted-plaintiff-wins-southwest-mo-trial/

If you or a loved one have been injured in a car accident, please contact the experienced Springfield car accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.