Settlements & Verdicts
Injury/Death Cases
December 2012 .................................................................................... Sally Smith V. John Doe

Wrongful death claim for 15 year old girl killed in ATV/pickup collision. Insurance limits recovered.

December 2012 ................................................................................... Jane Smith V. Acme Co.

Woman suffered serious injury operating machinery. Significant confidential settlement.

August 2012 ........................................................................................... Salazar v. Beet Farmer

Farm laborer sustained a serious leg injury from malfunctioning auger. Substantial confidential settlement.

January 2012 ............................................................................................. Kobetsky V. Allstate

Woman received facial injuries after being thrown from a horse. Claim against horse owner. Settled for $76,000.

October 2011 ...................................................................................... John Doe vs. Mary Smith

35 year old male suffered lumbar injuries in motor vehicle collision. $115,000 settlement.

August 2011 ................................................................ Minor Child v. Farmers Union Insurance

Maximum insurance limits of $250,000 recovered in a case of child suffering moderate brain injury in automobile collision.

Febuary 2011 ........................................................................ Estate of T.K. v. Hotel Corporation

Confidential settlement reached with hotel corporation and college fraternity for wrongful death of pedestrian by intoxicated driver. Previous settlements obtained from driver's liability insurer for insurance limits.

November 2010 ................................................................................. Stebbins v. Nursing Home

Elderly nursing home resident suffered fractured leg when her attended wheelchair went out of control and tipped. The fracture was a contributing cause to her death several months later. $215,000 settlement.

June 2010 ................................................................................................. Alison v. Smith Farms

Laborer suffered fractures to ribs and vertebra, and significant hip injury in collision involving employer's vehicle. $150,000 settlement.

January 2010 ................................................................................................ Hjeldness v. Jones

Young man in auto suffered severe disc herniation and chronic pain with significant loss of income. $180,000 mediated settlement.

November 2009 ..................................................................................... Jane Doe v. John Smith

ATV injury to leg of 14 year old girl under grandparent supervision. Liability contested. Mediated settlement for $100,000.

January 2009 ....................................................................................... Jane Doe v. Mary Smith

10 year old girl attacked by neighbor dog, resulting in significant arm lacerations and mouth injury. $72,000 settlement.

May 2008 ............................................................................................... Jane Doe v. Beet truck

Minor girl injured in collision with beet truck, loss of kidney. Total recovery $140,000.

March 2008 ....................................................................................................... Beaver v. Lamb

Injury settlement for motor vehicle accident. Plaintiff suffered fractured hip. Recovery of policy limits of $100,000.

December 2007 ................................................................ Estate of Mary Smith v. Ag. Mfr. Co.

Wrongful death settlement. Woman killed when pulled into farm equipment. Terms of settlement confidential.

July 2007 ........................................................................................................ John Doe v. BNSF

Injury settlement. Eight year old boy lost leg below knee attempting to ride on railroad car. Terms of settlement confidential.

August 2006 .................................................................................................. Estate of Jane Doe

$1,950,000 awarded through settlement with various defendants. Additional claims are pending. 40 year old wife and mother killed in collision with truck which went through stop sign.

January 2006 ........................................................................................ John Doe v. John Smith

Paint ball eye injury to juvenile boy. Claim based on lack of supervision by adult host.
Settlement $130,000

March 2005 ........................................................................................ Magenau v. Transystems

Jury verdict, Pembina County , 17 year old driver rolled vehicle at beet dump site. Defendant's trucks had brought snow and slush onto highway. Compression fractures of back and continuing pain.
Verdict of $343,000 with interest of $55,000. Final Judgment reduced by 32% attributing fault to plaintiff and State.

September 2004 ........................................................................................... Estate of Jane Doe

Wrongful death settlement. Wife and mother was killed with a child in head on collision.
Settlement: confidential terms. Substantial award of insurance limits. Money placed into structured settlements so that all survivors will receive payments into future years nearly doubling the original settlement.

February 2004 ..................................................................................... Jane Doe v. Smith Farms

Injury settlement. 44 year old female re-injured back when struck in her vehicle by truck carrying combine on narrow bridge.
Settlement $175,000.

November 2003 ............................................................................................ Estate of John Doe

Wrongful death settlement. 81 year old retired farmer killed by trucker when making left turn off highway.
Settlement $156,000.

October 2002 ........................................................................................... Villegas v. Anderson

Female rear ended on highway by man who had fallen asleep at wheel. Soft tissue back injury.
Settlement $97,500.

May 1999 .............................................................................................. Jane Doe v. John Smith

Teenage girl suffered injuries and moderate brain damage in head on collision with car attempting to pass in traffic.
Settlement $250,000, insurance limits.

May 1996 ....................................................................................... Lowe v. Clinic and Hospital

Medical malpractice settlement. Retired physician had brain injury resulting from surgery and after care.
Settlement $150,000.

December 1996 ..................................................................................... Jane Doe v. John Smith

Woman suffered facial fractures and moderate brain injury in collision with stalled truck in her lane at night.
Settlement $375,000 with guaranteed payments for life.

Business Litigation
September 2011 ................................................................... Bornsen V. Progotrade, LLC, et al.

Supreme Court petition for expanded interpretation of North Dakota product liability statutes. Petition defeated by 3 to 2 decision. 2011 ND 183

May 2008 ...................................................................................................... Cameron v. Reilly

Pembina County trial regarding farm lease dispute. Verdict for lessee. Legal holiday is not calculated in determining lateness of payment.

May 2008 ....................................................................................................... Riemers v. Mahar

Client submitted letter to editor criticizing initiated measures regarding North Dakota family law issues. Plaintiff sued client for defamation. Court determined protected speech and no defamation. See appeal to North Dakota Supreme Court 2008 ND 95

July 2006 ................................................................................................. Hunt v. Banner Health

Summary Judgment by Trial Court reversed. Resident care attendant at nursing home may proceed with action for wrongful termination.
See appeal to North Dakota Supreme Court at 720 NW2d 49

March 2004 ......................................................................................................... Ziegler v. Dahl

Summary Judgment, Ramsey County . Plaintiffs sued Defendants over alleged partnership termination seeking substantial damages. Defendants granted Summary Judgment.
See appeal to North Dakota Supreme Court at 691 NW2d 271.

January 2000 ............................................................................................ Hills, Inc. v. Schwarz

Jury verdict, Mercer County . Verdict for Plaintiff implement dealer against farmer in dispute over warranty on potato harvester.
Verdict $71,000 with interest.

February 1998 ............................................................... Dundee Insurance v. Marifjeren Farms

Summary Judgment, Walsh County . Insurance company refused to pay claim for lost potatoes in storage thru frost after blizzard Hannah knocked out electricity.
Summary Judgment $110,464.
See appeal to North Dakota Supreme Court at 587 NW2d 191.

January 1992 ............................................................................................ Thompson v. Danner

Court trial. Grand Forks County farmers in alleged partnership or joint venture sued each other and bank over crop proceeds. Court found bank security interest prevailed.
Court awarded $408,300.
See appeal to North Dakota Supreme Court at 507 NW2d 550.