What follows is a small sampling of cases handled by the attorneys of Tatlow, Gump, Faiella & Wheelan, LLC. Click on the below links to scroll down to the individual case histories.

Auto Accidents

Auto Accident Resulting in Brain Injury - 7 Figure Settlement
Auto Accident Resulting in Serious Injury - 6 Figure Settlement
Auto Accident Resulting in Wrongful Deaths
Auto Accident Resulting in Wrongful Deaths and Serious Injuries - 6 Figure Settlement
Auto Accident Resulting in Wrongful Death, Brain Injury - 6 Figure Settlement
Auto Accident Resulting in Severe Injury - 7 Figure Settlement
Auto Accident Resulting in Brain and Back Injury - 7 Figure Settlement
Auto Accident Resulting in Brain Injury - 6 Figure Settlement
Auto Accident Resulting in Foot and Back Injuries - 6 Figure Settlement

Truck Accidents

Truck Accident Resulting in a Paraplegic Injury
Truck Accident Resulting in Wrongful Death - 7 Figure Settlement
Truck Accident Resulting in Wrongful Death and Serious Injuries - 6 Figure Settlement
Truck Accident Resulting in Wrongful Death - 7 Figure Settlement
Truck Accident Resulting in Brain Injury - 4 Million Dollar Verdict
Truck Accident Resulting in Brain Injury and Wrongful Death - 7 Figure Settlement

Insurance Bad Faith

Insurance Bad Faith, Auto Accident - 6 Figure Settlement
Insurance Bad Faith and Wrongful Death Injury - 7 Figure Settlement
Insurance Bad Faith - 6 Figure Settlement
Improper Insurance Coverage - $1,280,000.00 Recovery

Dangerous Product

Dangerous Product Resulting in Brain Injury
Dangerous Product Resulting in Wrongful Death - 7 Figure Settlement
Dangerous Product Resulting in Injury - $175,000 Verdict
Auto Accident and Dangerous Product Resulting in Wrongful Death: Staplement vs. Mazda - 7 Figure Settlement
Auto Accident and Dangerous Product Resulting in Wrongful Death: Hardwick vs. Silverado Muffler and Tire and Chrysler Corporation - $820,000 Verdict

Nursing Home Neglect

Nursing Home Neglect Resulting in Wrongful Death: Decubitus Ulcers
Nursing Home Abuse Resulting in Wrongful Death: Bowel Infection - 6 Figure Settlement
Nursing Home Neglect Resulting in Wrongful Death: Medication Errors
Nursing Home Neglect Resulting in Wrongful Death: Failure to Monitor - 6 Figure Settlement
Nursing Home Neglect Resulting in Multiple Fractures - 6 Figure Settlement
Nursing Home Neglect Resulting in Wrongful Death: Fall
Will Contest - 6 Figure Settlement

Explosions

Explosion Resulting in Wrongful Death
Explosion Resulting in Severe Burns - 7 Figure Settlement

Wrongful Death

Wrongful Death Involving Electrocution - 6 Figure Settlement

Commercial Litigation

Commercial Litigation - 7 Figure Settlement

Auto Accident Resulting in Brain Injury

FED EX’S Pleadings stricken, case settles days before trial

Craig Hutchings, of Moberly, Missouri, was turning into a car sales lot when his vehicle was struck in the rear by a Fed Ex truck being operated by Stephanie Stark. The car was completely demolished. Mr. Hutchings was diagnosed with a broken collar bone, broken ribs and soft tissue injuries to the neck and back. He was also diagnosed with a traumatic brain injury.

Mr. Hutchings’ employer, who owned the Moberly printing company, stated that prior to his injury, he had been a “dream” employee; that he was diligent; that he was committed to his job and paid attention to detail. He encouraged team work and was an otherwise ideal employee.

After the accident, the employer said that Mr. Hutchings’ performance was almost completely the opposite. He said that Mr. Hutchings tried to do the job, but simply could not handle it. He was then demoted to an $8.00 an hour production line job.

Several evaluations from neurologists and neurospsychologists confirmed the traumatic brain injury and concurred with the neuropsychological testing that was done indicating traumatic brain injury. Their findings also confirmed that Mr. Hutchings could juggle a myriad of details at one time and coordinate individual work orders and processes and employee work schedules under the pressure of time deadlines before the collision, but he was totally unable afterward.

An economist did a report which placed the economic loss at $2,000,000.00, based on reduced earnings capacity, loss of household work services and future medical care.

The matter was set for trial in the Circuit Court of Boone County. Shortly before trial, Tatlow, Gump, Faiella, Wheelan, attorneys for plaintiff, filed a Motion to Compel defendants to answer second interrogatories and motions to produce. The court ordered the defendant to comply and when they did not, struck the pleadings of Fed Ex. Fed Ex then changed defense firms and asked for a continuance. They further asked that they be permitted to file an amended answer and that the order striking the pleadings be rescinded. The motions were all set for hearing on the Friday before the trial was scheduled to begin. Two days before the motion was to be argued, the matter was settled subject to a confidentiality agreement.

Plaintiffs were represented by Gary Tatlow and Chris Faiella of the firm of Tatlow, Gump, Faiella & Wheelan, LLC, Moberly, Missouri

Auto Accident Resulting in Serious Injury

Oney v. Baker and Coble- Case Number: 982-01085

Collision with an Ambulance

The 26-year-old plaintiff was a passenger in a car that collided with an ambulance at midnight in April 1995. The car driver, defendant Baker, was also seriously injured, and a passenger in the ambulance was killed.

The plaintiff claimed that the ambulance ran a red light without its siren or flashing lights activated.

The ambulance driver admitted entering the intersection against a red light, but claimed that his siren and lights were on and the Baker pulled out in front of him at the last minute.

Eyewitness testimony differed as to whether the siren and lights were on.

The plaintiff was ejected from the vehicle and suffered injuries to her head, arm and leg. She recovered well and was able to return to her job as a nurse, but still had some impairment of leg and arm function.

The plaintiff settled with Baker for $47,000, and with Coble for $165,000 plus the structured settlement with estimated future value of $534,276.60.

Auto Accident Resulting in Wrongful Deaths

Winkler, et al v Creed, court-appointed defendant ad litem for the estate of Raymond Morey - Case Number: CV397-62CC

Defendant drifts into the man's lane and hits him head-on

The plaintiffs were the relatives of a man who was killed in a head-on collision. They sued the estate of the other driver, who was also killed. The defendant’s estate was not represented by counsel.

The man was driving his own car while engaged in business for a car wash company in which he was president and a shareholder.

The two were traveling towards one another on Highway 63 in Boone County. The defendant drifted into the man’s lane and hit him head-on.

Auto Accident Resulting in Wrongful Deaths and Serious Injuries

Johnston and Twenter, et al v State Farm Insurance Co, et al. - Case Number: 96CC069872

Drunk driver kills two and injuries two

The plaintiffs were the relatives of two adults who were killed in an accident with a drunk driver. Two of the plaintiffs were also injured in the accident. They sued the defendant driver, the owner of the bar who served him alcohol, and their own insurance company under the uninsured motorist coverage in their policies.

The cars collided head-on on I-55 near Springfield, Illinois. The defendant was driving under the influence of alcohol.

The driver had insurance coverage in Illinois, but his coverage was not sufficient to meet the minimum required for drivers in Missouri. The defendant insurance company initially claimed that it had no obligation to pay on the uninsured motorist coverage because the driver was insured in Illinois. The plaintiffs argued that because the driver’s coverage did not meet the Missouri minimum, he was uninsured for the purposes of their policies.

The $464,000 settlement included $40,000 from the defendant driver, $100,000 from the bar owners, and $324,000 from the insurance company.

Auto Accident Resulting in Wrongful Death, Brain Injury

McFarland v Nissen- Case Number: 97CC070785

The plaintiffs were the wife and daughter of a man who was killed in a car accident.

The accident occurred on Highway 61 in Pike County. The defendant drifted across the centerline and stuck the plaintiffs’ care head-on, killing Mr. McFarland and leaving his wife with multiple fractures and his daughter with serve head trauma and multiple fractures.

The daughter claimed that as a result she suffers from cognitive disabilities and must walk with a cane. She claimed not to be currently employable.

Because the defendant was not a Missouri resident, the plaintiffs chose venue in Boone County.

The parties settled for the policy limits, $500,000.

Auto Accident Resulting in Severe Injury

Carl Brockman v. Central Missouri Paving Company. Plaintiffs brought suit after Carl Brockman was severely injured when his vehicle was westbound on Highway U.S. 24. His Toyota pickup dropped the right wheel off of the right shoulder while it was under construction. The paving company that had been hired to do the project had halted construction for the winter and left a severe drop off at the edge of the traveled portion of the roadway with only occasional signage on metal posts warning of low shoulder and no shoulder. Plaintiffs’ investigation showed that the signage was improper, as well as there was no guarding or barriers to protect the traveling public from the hazard caused by the drop off. Defendant’s raised the issue that Mr. Brockman had consumed alcohol, however, Plaintiffs’ maintained that this had nothing to do with the actual cause of the accident as Brockman was not driving recklessly and the wreck was caused by the drop off. When Brockman’s wheel touched the inside of the drop off his vehicle lost control resulting in injuries.

A confidential seven figure settlement was obtained.

Auto Accident Resulting in Brain and Back Injury

Doe v. Lockton Companies. Doe was injured in an automobile collision which caused his vehicle to leave the highway and resulted in his ejection from the vehicle. Doe was a highly active and productive man who was engaged in sales. As a result of the collision, he sustained serious and debilitating injuries including a closed head injury, T-12 burst fracture of his back, right side rib fractures of the first and second ribs, commuted fractures of the fifth, sixth, seventh and eight ribs with displacement near the chest cavity and fractures of the ninth and tenth ribs. He also had a dislocated acromioclavicular joint fracture as well as transverse process fractures of L1, L2 and L3. Plaintiff made a fairly good recovery from most of his traumatic injuries except had residual problems from his T12 burst fracture and the closed head injury.

The defense admitted liability, but claimed that the plaintiff’s traumatic brain injury was mild, and had resolved. That he had other numerous pre-existing injuries including life treating injuries which would limit his life expectancy to less than 10 years.

Plaintiffs used extensive experts to demonstrate the nature and extent of plaintiff’s injuries and effect on his life. The case was resolved prior to trial for $4.5 million.

Auto Accident Resulting in Brain Injury

McDade v. Jordan Disposal Services, LLC. Plaintiff sustained an injury in August 2003 when she was a passenger in a vehicle in Jasper County, Missouri. An employee of Jordan Disposal Services made a left turn failing to yield and struck the vehicle in which McDade was a passenger. As a result of the collision McDade suffered a traumatic closed injury and traumatic brain injury with loss of consciousness, as well as a fracture to her femur and petosis of her right eyelid.

The case was settled for a confidential six figure sum.

Auto Accident Resulting in Foot and Back Injuries

Perry v. Curtis Bruce Willis, United States District Court, Eastern District of Missouri, Eastern Division, Case No. 4:00-CV-1004. Plaintiff Zachary Perry was injured in an auto collision which occurred in Webb City, Missouri, when the Defendant who was driving a rental car lost control of his vehicle and cross the centerline colliding with the vehicle operated by Perry. Plaintiff’s investigation indicated that Defendant had been at a bar earlier in the evening and had consumed alcohol and had also been taking prescription medication. Plaintiff’s experts determined that the combination of the drugs and alcohol caused Defendant to be impaired.

As a result of the injuries Perry suffered fractures to both feet including broken metatarsals, migraine headaches and a T6 compression fracture without complication. As a result of the foot fractures Plaintiff alleged he was unable to find gainful employment.

The case settled prior to trial in the amount of $660,000.00.

Truck Accident Resulting in a Paraplegic Injury

Preston v. A Trucking Company. In 1984 the Plaintiff was injured while driving late at night on Highway 24 in Moberly, Missouri. A tractor trailer unit pulled from the parking lot of a motel and into the path of plaintiff’s vehicle. Plaintiff’s vehicle went in and under the trailer resulting in serious injuries which rendered the plaintiff a paraplegic.

It was plaintiff’s graduation night and plaintiff had consumed alcohol which was an issue in the case. Plaintiff’s attorneys claimed that the defendant truck failed to yield and/or was inadequately illuminated on both rear and side which resulted in plaintiff’s failure to see the tractor trailer unit in time to have avoided it as it pulled into plaintiff’s right of way.

Truck Accident Resulting in Wrongful Death

Longbine v. A Trucking Company. Decedent was a 63 year old truck driver who was operating his tractor trailer rig just south of Chicago, Illinois, when he experienced mechanical difficulty and pulled to the shoulder and stopped. He had exited his vehicle and had completed setting out orange warning signs and was returning to his vehicle when another semi tractor trailer rig, swerved onto the shoulder and struck the truck driver while he was walking resulting in the truck driver’s death. Our investigation discovered evidence that the defendant driver was fatigued.

The truck driver’s widow and adult children made a claim for his wrongful death which resulted in a settlement of $1.2 Million.

Plaintiff’s alcohol consumption was a major issue in the case, but the case resolved in a high six figure amount.

Truck Accident Resulting in Wrongful Death and Serious Injuries

Guilford v. American Family Mutual Insurance Company- Case Number: 034-1985

Tractor trailer attempted to pass but overtook and strikes the vehicle

Seventy-two year old Leota Guilford was operating a 1988 Mercury Sable accompanied by her Seventy-seven year old husband Francis, as a front seat passenger, in a westerly direction on U.S. 24 just east of Salisbury, Missouri, in Chariton County on July 26, 2002. Mrs. Guilford slowed her car to make a left turn into a private field entrance.

An employee of Corbin Steel of Carrollton, Missouri, was operating a 1994 Freightliner tractor-trailer unit also westbound and behind the Guilford vehicle. The tractor trailer attempted to pass the Guilford vehicle but overtook and struck the vehicle as it attempted its left turn into the private field entrance.

Francis Guilford was life-flighted to University of Missouri Hospital and Clinics and died from his injuries three days later.

Leota Guilford sustained a left clavicular fracture, multiple left rib fractures and spent twelve days in the Rusk Rehabilitation Center at the University of Missouri Hospital and Clinics. She also suffered depression over the loss of her husband.

The Guilfords filed suit in the City of St. Louis and venue was contested by the defendant.

The case settled for $750,000.00, with $600,000.00 apportioned to the wrongful death of Francis Guilford and $150,000.00 apportioned to the personal injury of Leota Guilford.

American Family’s original stated limits of liability was $100,000.00 per person and $300,000.00 per accident, but after the death of Francis Guilford and injury to Leota Guilford, American Family reformed the amount of coverage from $100,000.00/$300,000.00 to $750,000.00 single limit to conform with Federal and State laws that pertain to insurance of a motor carrier.

Plaintiff Leota Guilford reserved the right to file a declaratory judgment action against the insurer American Family Mutual Insurance Company in the Circuit Court of the City of St. Louis, Missouri, to have said court judicially determine the possibility of additional insurance coverage available to Corbin Steel Products, being either the $750,000.00 paid by American Family Mutual Insurance Company or an additional $250,000.00 by the insurer. There was no dispute that the “value” of Leota Guilford’s claim would equal or exceed $400,000.00.

Truck Accident Resulting in Wrongful Death

Dean, et al v. Complete Transportation Logistics LLC, et al- Case Number: 992-00207

Tractor trailer skidded and slammed into pickup

Forty year old Edward Joel Dean was self-employed in an environmental cleanup business he started in 1998. He died in September 1998 in a collision with a tractor-trailer truck.

Dean was driving his pickup and pulling an empty utility trailer westbound on U.S. Route 24 near Moberly.

The tractor-trailer was eastbound when it came over a crest in the road and came upon three cares stopped to make a left turn. The truck skidded and slammed into Dean’s pickup, which became engulfed in flames. The plaintiffs in the wrongful death suit were Dean’s mother and four children.

Settlement: 1.3 million

Truck Accident Resulting in Brain Injury

Carolyn Gibbs v. Daylight Corporation, et al, in the Circuit Court of Boone County, Missouri, Case No. 01CV164376. Plaintiff Elaine Gibbs suffered severe physical injuries and a traumatic brain injury when her vehicle was struck by a tractor trailer driven by an employee of Daylight Corporation. Suit was filed against the company and the driver alleging carelessness and recklessness on the part of the driver in failing to obey the rules of the road, and failing to keep his tractor trailer under proper control and failing to keep a careful lookout. As a result of injuries, Ms. Gibbs was hospitalized and ultimately was unable to return to work and required continuing care.

The Plaintiff obtained a verdict of $4,000,000.00 plus court costs.

Truck Accident Resulting in Brain Injury and Wrongful Death

In Re: Dump Truck Company Case. Plaintiffs brought claims arising out of a collision between a passenger vehicle and a garbage truck which occurred at an intersection. The dump truck was driven by an employee of the garbage company, and crashed into the passenger vehicle which had violated a red light and turned in front of the garbage truck. Plaintiffs’ investigation into the accident indicated that at the time of the collision the brakes of the garbage truck were faulty as a result of failure to do proper maintenance by the garbage truck company. Reconstruction of the accident site along with testing indicated that had the brakes been working properly the driver could have slowed the vehicle such that the accident would not have occurred. Plaintiffs’ brought suit for the injuries to the driver and two passengers. The driver and one passenger suffered multi-system trauma and brain injuries and one passenger was killed. All the passengers were seniors in high school who had just graduated and were coming from post graduation celebrations.

The case was settled just prior to trial for a total settlement of all parties of $3.2 million.

Disclaimer: Past results afford no guarantee of future results and every case is different and must be judged on its own merits.