Editor’s NoteSpringfield Business Journal is pleased to present the second annual installment of Cornerstone Casework, designed to shed light on the work of local attorneys. We invited area law firms to outline significant cases or transactions undertaken within the last year.
We rely on participation of local law firms to put together this feature, and we’re planning the next installment in spring 2013. E-mail Features Editor Maria Hoover,
mhoover@sbj.net, to ensure your firm’s contact information is included in our files for future Cornerstone Casework editions.
Douglas, Haun & Heidemann PC
Heidemann
Duncan
Case: Civil rights settlement
Keith Daniels settled his civil rights claims in April against the city of Nevada, Mo. and Police officer Timothy Wallace for $55,000. Daniels’ excessive force claims arose out of an incident that occurred on Dec. 13, 2010, in which Wallace attacked Daniels. Daniels claimed that the excessive force used by Wallace included repeated strikes to Daniels’ head, placing his knee on Daniels’ head, continuing to strike Daniels after he had already been subdued, and causing Daniels’ head to strike the ground. Wallace contended that Daniels was resisting arrest; however, video evidence and witness statements refuted these claims. Also, there was no evidence that Wallace had probable cause to arrest Daniels, who successfully alleged that Wallace’s conduct violated his right to be free from unlawful seizures and other rights protected by the U.S. Constitution.
Daniels was represented by attorneys Craig R. Heidemann and Nathan A. Duncan of Bolivar-based Douglas, Haun & Heidemann PC, while the city of Nevada was represented by David Baker of the law firm of Fisher, Patterson, Sayler & Smith of Overland Park, Kan. The parties reached the settlement before suit was filed.
Husch Blackwell LLP
Agee
Transaction: American Airlines engine selection for 130 Airbus aircraft
American Airlines selected engines for its new fleet of Airbus A320 Family Aircraft. Husch Blackwell performed major roles in both the aircraft transaction and engine selection process. The engine selection and related support agreements were announced Nov. 21, 2011, and covered agreements between CFM International and International Aero Engines regarding the airline’s previous order of 130 new Airbus A320 Family Aircraft.
Husch Blackwell was the sole law firm advising American Airlines with respect to the engine selection and related agreements.
Springfield partner David Agee led a team of Husch professionals and attorneys. Primary support came from six attorneys – Springfield associate Amanda Tummons; Kansas City partner Brennan Tucker and associate Kate Haynes; St. Louis associate Nicholas Hendon; and Chattanooga partner Ralph “Buddy” Killebrew and associate Rebecca Taylor.
The firm also was involved in earlier negotiations to order up to 925 aircraft between 2013 and 2022 from Airbus and Boeing in a July 2011 deal that has been called the largest aircraft order in history with a price tag of $38.5 billion.
Malkmus Law Firm LLC
Malkmus
Gullett
Case: Arkansas Supreme Court affirmation of summary judgment in Theresa Enuart Paulino v. QHG of Springdale Inc., dba Northwest Medical Center and Northwest Arkansas Hospitals LLC dba Northwest Medical Center
This case was on appeal with the Arkansas Supreme Court. Plaintiffs sued for medical malpractice after Theresa Paulino was paralyzed after neck surgery. Plaintiffs settled with the surgeon and a monitoring technician but alleged that the hospital failed to properly investigate the competency of the surgeon and technician, who were not employees. A summary judgment motion was filed to dismiss the case before trial, arguing that the plaintiffs’ claims of relief for negligent credentialing are not recognized by Arkansas law.
The defense, including local attorneys Brian Malkmus, Debra Gullett and Daniel S. Lohse of Malkmus Law Firm LLC, also argued that the Arkansas Peer Review Statute and the federal Health Care Quality Improvement Act effectively bar such claims, and that no such duty exists for hospitals granting privileges to independent contractors. The trial court granted the motion, dismissing the case with prejudice. On Feb. 9, the Arkansas Supreme Court affirmed the summary judgment grant, holding that negligent credentialing would not be recognized in Arkansas, unlike most states, including Missouri.
Ransin Injury Law
Ransin
Case: Out-of-court settlement after a wrongful death claim
On Oct. 10, 2010, Leigh and Matt Nye were coming back from the lake to their homes in Springfield when a black sport utility vehicle driving toward them tried to pass several cars on the two-lane road.
Leigh Nye swerved in time to miss the head-on collision, but the car spun and was hit broadside by a third car, killing them instantly.
The Missouri Highway Patrol worked for nearly a year to find the SUV driver who left the scene but was unable to do so.
Attorney David Ransin of Ransin Injury Law, representing the Nyes’ parents, Kim and Jeff Nye, then began a lengthy unraveling of the liability, uninsured and underinsured insurance policy provisions on the family’s four cars. The Nyes learned that the full coverage limits they bought were significantly reduced by anti-stacking and family reduction provisions.
After months of negotiations, the Nyes recovered the maximum allowed under all the policies, which was more than four times the insurance company’s initial offer, in a December 2011 court-approved settlement, Nye vs. 21st Century Centennial Insurance Co.[[In-content Ad]]
