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Construction/Highway Accidents


Slope Failure Damages Three Homes
Three homes in suburban Kansas City were severely damaged when a substantial slope failure occurred on the property. A lawsuit was filed on behalf of the three homeowners against the contractor and various subcontractors who had participated in the construction of the homes. Leading geotechnical engineers were hired by the Plaintiffs to present evidence of the cause and origin of the slope failure and the negligent construction which caused the failure. Overcoming complex legal issues, a settlement was obtained by all three homeowners including compensation from contractors and subcontractors, and a sale of each home.

Defective Highway Design Leads to Flooding
Three property owners in rural Ray County, Missouri retained our law firm to bring suit against the Missouri Highways and Transportation Commission following multiple floods. An investigation revealed that the floods were caused by a defective highway design without adequate drainage structures. Following a trial of this lawsuit a jury found in favor of each Plaintiff and awarded damages in excess of $560,000 plus prejudgment interest.

Houses Were Flooded by MHTC
The Missouri Highways and Transportation Commission changed a road grade height in rural Missouri, leading to flooding of adjacent landowners. The landowners hired our firm to file suit against MHTC alleging that a local stream was known to occasionally flood. Despite this knowledge, MHTC did not provide adequate drainage for the surface water runoff. The result was numerous floods in three homes. The homeowners obtained a settlement from MHTC to cover their damages. This claim for inverse condemnation required extensive legal work including an appeal to the Missouri Court of Appeals, Western District before the state agreed to settle this matter.

Fifteen Plaintiffs Prevail in Inverse Condemnation Case Against the State
Our law firm was hired by a group of 15 different commercial and residential property owners in rural Missouri who experienced flooding of their property for several years following new highway construction by the Missouri Highways and Transportation Commission. Plaintiffs' expert engineers convinced the jury that a bridge constructed over an area creek was inadequate to handle overflows from the creek. Trial resulted in a $1,600,000 jury verdict.

Farmers and Other Property Owners Flooded by Highway Construction Win Appeal
Several property owners, including farmers brought suit against the Missouri Highways and Transportation Commission for flooding caused by inadequate draining from the construction of a new highway in their area. The Plaintiffs prevailed at trial, but the Judge took the verdict away, requiring an appeal. The Missouri Supreme Court reversed the trial court. The Plaintiffs settled for $975,000 after the appeal.

Young Wife and Mother Killed in Collision Due to Excess Sand on State Highway
A young wife and mother was driving home from work and while attempting to negotiate a curve in the State Highway, lost control and struck another vehicle head-on. The loss of control was due to the fact that the Highway Department had recently placed excess sand on the roadway for maintenance purposes and failed to remove the excess sand. The Missouri Highways and Transportation Commission settled the case before trial for the maximum limit under Missouri law against a public entity.

Driver Falls Asleep and Flips Car on Turndown Guardrail, Resulting in Death
A husband and father of two small children driving home from work on an interstate highway falls asleep with his automobile leaving the roadway and striking a turndown guardrail (Texas Twister), causing the vehicle to turn over and killing the driver. Suit was brought against the Missouri Highways and Transportation Commission because of the inherent danger of such turndown guardrails and the placement of such a guardrail in a location that did not require guardrails. A binding arbitration resulted in a verdict against the Missouri Highways and Transportation Commission for the maximum limit provided under the law against a public entity.

Concrete Finisher Run Over by Cement Truck at Jobsite
A young construction worker was finishing concrete for roadway curbing at a construction site when the driver of the cement truck who did not see the concrete worked pulled forward and ran over the worker's leg and hip, resulting in hip and leg fractures with a severed urethra. The case was settled during trial for $750,000.

Driver Struck Head-On by Vehicle in Opposite Lane That is Catapulted by Turndown Guardrail
A real estate agent traveling west on an interstate highway is truck head-on when the driver of a pickup truck falls asleep, leaves the roadway and comes in contact with a turndown guardrail. The effect of such contact causes the pickup truck to be catapulted airborne into the real estate agent's vehicle. The agent sustained several broken bones, requiring multiple surgeries. This case against the Missouri Highways and Transportation Commission is pending.

Two Young Men Electrocuted While Doing Roofing Work
Two young men working on roofing a residential home when their equipment comes in contact with an overhead power line, resulting in electrocution and burns to both men. Suit is brought against the local power company and the case is settled for a confidential amount before trial.

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TESTIMONIALS

"Right after I suffered a head injury in a fall at one of the local casinos, I hired a lawyer that a friend referred me to because I thought one lawyer was as good as another. Soon I learned otherwise. It wasn't until the neuropsychologist I was seeing referred me to Ed Dougherty that I learned the importance of years of experience and expertise in a lawyer handling this kind of case. Since the settlement of my case by Mr. Dougherty, I have referred and continue to refer all other accident victims that I can to Ed Dougherty because I know he will handle their case with experience and expertise, and will treat them right, just as he did for me."

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