Case Results
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$23 MillionTrucking Accident VerdictShamberg, Johnson & Bergman won what is thought to be the largest personal injury verdict in Kansas in a trucking case against Swift Transportation. The $23.5 million verdicts followed a lengthy jury trial in U.S. District Court in Wichita.
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$11.5 MillionMassive Bad Faith Judgment
In 2018, the District Court of Riley County, Kansas, issued a ruling enforcing an $11,588,548 judgment against insurance carrier USAIG for its negligence and bad faith in handling a claim against its insured pilot following a fatal airplane crash. In 2021, the Kansas Court of Appeals upheld the ruling. The court also ordered the trial court to award interest against the insurer, saying, “For an insurance carrier, one of the perils of failing to defend its insured is the possibility that it must pay interest on a judgment against the insured.” In addition, the court ordered the trial court to determine and award attorneys fees.
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$10.25 MillionInsurance Bad FaithAn insurance company's failure to timely offer its $100,000 liability policy after a motor vehicle accident resulted in the company's payment of a $10.25 million settlement of a Kansas "bad faith" action handled by Vic Bergman.
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$5.2 MillionDrilling Truck AccidentA head-on highway collision caused by an oil and gas driller resulted in a $4 million settlement from the drilling company after a week and a half of trial in southwest Kansas.
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$4.72 MillionPreventable Birth InjuryThe negligence of an obstetrician and of labor and delivery nurses at Salina Regional Health Center resulted in a $4.72 million settlement. The case, which was handled by Vic Bergman and Matt Birch, exhausted the defendants’ available insurance coverage and included $20,000 of the physician’s personal assets.
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$4.3 MillionPreventable Birth InjuryA hospital’s failure to have policies in place to prevent devastating brain injuries to infants led to a $4.3 million Kansas settlement. Vic Bergman represented the family.
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$4 MillionImproper Elective Birth Induction Leads to Cerebral PalsyAn unfortunate newborn suffered cerebral palsy as the result of negligent labor and delivery at a rural southwest Kansa hospital, resulting in a $4 million settlement.
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$2.88 millionSJB Wrongful Death Verdict AffirmedToday, the Kansas Court of Appeals affirmed in its entirety the $2.88 million verdicts obtained in April 2014 in Johnson County, Kan., by SJB attorneys Scott Nutter, John Parisi and Daniel Singer on behalf of Vernon and Gail Burnette against Dr. Kimber Eubanks and his clinic, PainCARE P.A., for the wrongful death of their son, Joel Burnette.
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$2.88 Million$2.88 Million Verdict in Johnson Co, KS Medical malpractice CaseThe case was initially filed on behalf of Joel Burnette who underwent lumbar epidural steroid injections (LESI) for low back pain in January of 2009 while under the care of Dr. Kimber L. Eubanks of Pain CARE, P.A.
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$2.2 Million$2.2 Million Verdict for 85-year-old in Motor Vehicle AccidentShamberg, Johnson & Bergman, Chtd., won a $2.2 million jury verdict in rural Franklin County, Mo., for 85-year-old Katherine Shea, who was severely injured in a motor vehicle accident.
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$2.2 Million$2.2 Million Verdict for 85-Year-Old Woman Severely Injured in a Motor Vehicle AccidentShamberg, Johnson & Bergman, Chtd., won a $2.2 million verdict in rural Franklin County, Mo., for an 85-year-old woman severely injured in a motor vehicle accident.
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$1.875 Million$1.875 Settlement in Bad Faith Automobile Accident Costs Insurance Co. 36 Times Policy LimitsIn the latest of several insurance “bad faith” cases, Shamberg, Johnson & Bergman successfully pursued an insurance company for its failure to defend a permissive driver in an automobile collision case.
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$1.5 Million$1.5M Verdict in Warehouse InjuryA key legal victory transformed a Kansas warehouse injury into a case tried in Jackson County, Mo., under Missouri substantive law, free from Kansas’ caps on non-economic damages. Scott Nutter tried the week-long case to a $1.5 million verdict.
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$1 Million$1 Million Policy Limits Settlement by Kansas Interventional Radiologist in Death of 60-year-old Husband and Father
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$1 Million25 $1,000,000 + Verdicts
Dear Fellow Kansas Attorney:
Some say it’s difficult if not impossible to win a substantial jury verdict in a personal injury or wrongful death case in Kansas. Our trial lawyers have proven otherwise.
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$1 MillionGymnastics Injury Settles for Policy Limits Despite WaiverA gymnastics facility's failure to appropriately design and maintain a foam pit leads to a catastrophic cervical spinal cord injury and partial paralysis.
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$340,000$340,000 Verdict for Medical Negligence Victim in Botched Pacemaker Implantation SurgeryCole County, Mo., jury returned a $340,000.00 verdict for a medical negligence victim who suffered an injured collar bone during a botched pacemaker implantation surgery. The venue is widely considered to be very difficult for plaintiffs, particularly in medical negligence cases.
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Cases ResolvedCases Resolved for Three Lawsuits Against The Kansas City Chiefs For A Deadly Wreck
Shamberg, Johnson & Bergman recently handled and resolved three lawsuits against the Kansas City Chiefs for a deadly wreck caused by a Chiefs employee while on his way to work security at Arrowhead Stadium for a Sunday Night Football game.
In October 2018, an off-duty Kansas City Police Department Officer was driving on Interstate 435 to report for his part-time security job with the Chiefs. As he approached a highway exit, he slammed into our clients’ vehicle, which had been stopped in a line of traffic waiting to enter the Truman Sports Complex for the game. The wreck resulted in the death of a 17-year-old high school senior and serious injuries to the boy’s father and sister.
Normally, Missouri law holds that an employer is not responsible for its employees’ negligent acts, such as speeding or inattentive driving, while employees are on their way to work or going home from work. Narrow exceptions exist to the rule, known as “the coming and going rule.” Much of the discovery in the three cases focused on whether the off-duty police officer fit into one of the narrow exceptions. We alleged that at the time of the collision, the officer was transporting equipment to Arrowhead that was necessary for the Chief’s football operations, placing him in an exception to the coming and going rule.
More than a year after filing suit, the cases resolved.
Shamberg, Johnson & Bergman specializes in handling cases involving complex legal issues, such as narrow exceptions that hold employers such as the Chiefs responsible for their employees’ negligence while the employees are not on the job.
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Confidential SettlementFamily Settles Suit with Walmart for Gun Used in Jewish Community Center MurdersSJB has helped the family of William Corporon and his grandson Reat Underwood, who was shot and killed outside the Jewish Community Center in Overland Park, reach a confidential settlement with Walmart, which sold a gun used in the incident.
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Confidential SettlementSisters Represented by SJB Reach Verruckt SettlementTwo sisters, Hannah Barnes and Matraca Baetz, reached a settlement with the owners of Schlitterbahn water park. The sisters were injured on the Verrückt water slide the day an Olathe boy, Caleb Schwab, was killed.
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Confidential SettlementTragic Cycling Accident of Bob Fredrick, Former University of Kansas Athletic Director SettledThe tragic death of Bob Frederick, the beloved longtime athletic director at the University of Kansas and a respected national figure in college athletics, resulted from negligent construction work.
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Confidential SettlementTragic Multiple Death Case Due to Underinflated Tires Settled Favorably Against Ford, Wal-Mart, U-Haul & Bridgestone/FirestoneVehicle rollovers result in accidents that are often buried in mountains of damaged physical evidence and piles of documents. Through thorough discovery, attorneys can determine the negligence that triggered the series of events leading to a rollover.