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Notable Cases, Proven Results

Meshbesher & Spence was founded on a tradition of success. Today, our Minnesota attorneys are proud of the life-changing, history-making verdicts and settlements they've earned for their clients.

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82 Year Old Woman Dies in Grocery Store Entryway Due to Negligent Display Practices
Mark Streed represented the family of their 82 year old mother and grandmother who was caused to trip, fall and land on her head in the vestibule of a large grocery store. Investigation and depositions revealed the elderly woman had just entered the store’s foyer and was getting her bearings as her eyes adjusted from the bright sunshine to the indoor light. As she took her first step toward the line of shopping carts she tripped over a large rug that had been left bunched up and partially rolled up (in front of the carts) by a vendor whose employee was hastily creating a soft drink display in the store’s foyer. The vendor’s employee quickly left the store while EMTs were working on the customer. Fortunately, video surveillance cameras and an eye-witness were able to explain how the hazard created by the bunched up rug caused to the senior citizen to fall and sustain her fatal head trauma. The vendor and his employer were ultimately held responsible and accountable to pay significant money damages for this very sad and very preventable wrongful death.

Boating Accident & Wrongful Death Case
A South Dakota college student, age 22, was killed in a boating accident on a southern Minnesota lake. The accident involved a jet skier jumping the boat's wake. The young women's family brought a wrongful death case in federal court in St. Paul, MN. The case resolved with a federal magistrate before trial. The settlement provided a significant recovery for her parents and siblings. A structured annuity which was a part of the settlement assures a college education for the decedent’s younger sister.

Jury Returns Verdict in Family's Favor when Horse Collides with Mother's Car and Kills Her
A woman of two adult children and one grandchild was killed when a horse escaped from a parked horse trailer and ran onto a highway, at night, and collided with decedent's car. The horse jumped through an open 31 in. x 25 in. drop-down feed door that did not have safety guards (bars) to contain the horse when the feed door was left down for ventilation. The horse trailer manufacturer improperly made the safety guards, which would have blocked the opening, optional equipment instead of standard equipment. This trailer did not have the safety feature. A Scott County Jury found the horse trailer manufacturer to be responsible for decedents death. The Jury found the trailers design to be defective and unreasonably dangerous.
Wrongful Death Verdict: $829,000.00

Farm Family Compensated for Wrongful Death of Father
In western Minnesota, Meshbesher & Spence attorney Mark Streed represented a Sibley County farm wife and mother of two children whose husband/father had been killed in a collision involving a semi-tractor trailer. The resulting wrongful death verdict against the semi driver and his insurance company was the largest verdict in that county's history and made a significant difference in the family's ability to continue to farm.

College Student Killed Because of Impaired Semi-truck Driver
A college student on the way to volunteer at a local nursing home was killed when struck by a semi-truck with an impaired driver. The wrongful death claim from the family of the young woman achieved a high six figure settlement.

Young Mother Killed in Collision with Semi-truck Driving the Wrong Way
A young mother of two was killed when her vehicle collided with a commercial semi-truck that was traveling the wrong way on a major highway. The settlement in excess of $1,000,000 from the commercial trucking company helped the woman's husband and young children deal with the financial hardships encountered along with the loss of their wife and mother.

3-year-old Girl Accidentally Shot by Neighbor
A 3-year-old child was shot and killed by a neighbor in rural Brainerd, MN, who was firing a gun at her dog. The civil settlement awarded to the family was the full insurance policy limit. The defendant also agreed to move from the neighborhood and surrender all firearms.

75 year Old Man Dies After Slip at Major Fast-Food Restaurant Franchise
A 75-year-old man slipped on a hidden and dangerous condition outside of a major fast-food franchise and fell on his head and neck, sustaining traumatic brain and spine damage that caused his death. The man’s family retained Mr. Streed to pursue the nationally known restaurant chain for their negligence. The restaurant denied any responsibility for the incident. Through helpful eyewitnesses and expert witness testimony concerning proper maintenance procedures (and the defendant restaurant's own internal procedures) Mr. Streed developed the evidence to support the negligence claim and, as a result, the prominent fast food chain ultimately agreed to pay a significant settlement to man's wife and adult sons to settle the wrongful death claim.
Settlement: Confidential (at the request of the defendant)

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National Retail Store Learns its Lesson: Hang your display frames securely

When a 45 year old nurse was shopping at a major retail clothier with her teenaged daughter, she was suddenly, with no warning, knocked in the head by a hard blow that snapped her neck back. The blow was delivered by a 27 pound wooden frame that had tipped over and fallen from a display shelf. As surprising as that was, the woman was even more surprised when her lawyer, Mark Streed, explained that the frame was, in fact, unsecured to the wall and was never meant to be attached in any way. The client went on to undergo TWO surgeries to her cervical spine and missed months of work time. Through discovery requests and depositions the store admitted that its own intricately planned floor displays had intentionally included specific directives that the large frames be leaned back, with the base positioned 3" from the wall, and not attached to the wall. It was also learned that the store had misrepresented how the frame was displayed on the day of the incident, a misrepresentation that was exposed through one of their own employees. After exposing the store's corporate negligence and failure to provide for customer safety, Streed was able to successfully negotiate a significant, but confidential (at the request of the store), settlement for his client.

Stellmach v. Ryder School Bus Co. - School Bus Strikes Pedestrian in Downtown Saint Paul
A 54-year-old woman was struck by a school bus as she walked across a downtown Saint Paul intersection in the designated crosswalk. The pedestrian’s foot was trapped beneath the tire of the bus until bystanders alerted the driver. She sustained severe foot and leg injuries. After several surgeries, the pedestrian’s leg was eventually amputated below the knee. The victim still feels pain her phantom limb. It is the largest Minnesota personal injury verdict for amputation and largest personal injury verdict in Ramsey county.
Verdict: $5.9 million

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Schoolteacher Struck by Inattentive Driver: Lumbar Burst Fracture/Fusion Surgery

A Twin-Cities area schoolteacher was driving home from school, headed to her daughter’s soccer game, when an inattentive driver, traveling at 50 mph, crashed into a third vehicle causing that vehicle to be propelled directly into the teacher’s lane of travel. The subsequent head-on collision crushed the teacher’s car to the point emergency personnel required the “jaws of life” to extricate her from the vehicle. The tremendous force of the crash also caused lumbar vertebrae “burst fractures”, necessitating two back surgeries and months of intense rehabilitation. The injured teacher demonstrated great strength and dedicated fortitude as she fought to recover as much functional use of her back as she possibly could. 4 months after the crash the courageous teacher returned to her classroom and students. Streed pursued claims for the teacher against the inattentive driver (who was found 100% responsible) and his insurer (he was well insured). The inattentive driver’s insurer paid their FULL and significant policy limits to compensate the teacher for her life-changing injuries and losses.

Central Minnesota Woman Injured While Attending College in Wisconsin

Being admitted to practice law in both Minnesota and Wisconsin helps Mark Streed represent client's like this college student (and her parents) who found herself struggling with many injuries and issues after being hit by a car while she was crossing a street in an icy pedestrian crosswalk in Madison, WI. Streed was able to help the young lady get her bills paid, wage loss reimbursed and achieve a favorable final settlement, compensating her for the ways she had been harmed, by utilizing the more favorable aspects of WI and MN law and minimizing the the potentially unfavorable aspects of the two state's laws.

Woman Suffers From Post Traumatic Stress Disorder (PTSD) After Seeing Her 4-year-old Hit By Car
A mother experienced the terror of seeing a speeding, out of control car careening directly at her while she waited for her 4-year-old son to walk to her. She was momentarily relieved when the vehicle suddenly swerved away, but then witnessed what no parent should ever see: the vehicle hit her young son and sent him flying through the air and into a ditch. When she came to his bloodied body she believed he was dead. While her son did survive, the mother was diagnosed with severe post-traumatic stress disorder. The insurance company would not compensate her for her emotional injuries because "she had not been hit by the vehicle.” Mr. Streed took this case to the Minnesota Supreme Court (twice). Ultimately the Court recognized the legal rights of this mother, who witnessed the gruesome, graphically traumatic event of her child being severely injured, to make a claim for emotional damages caused by the negligent person who caused the incident to happen. This is a landmark case in Minnesota tort damages law. | MN Supreme Court CITATION: 706 N.W2.d 764

Notable Appellate Decisions Closner v. Illinois Farmers
This case involved an appeal of a district court's ruling regarding coverage in an automobile accident lawsuit. The District Court ruled that a woman's insurance policy did not provide coverage because, at the time of the accident, she was delivering newspapers and was excluded from coverage under the business pursuits portion of her policy. The ruling of the district Court was appealed and the Court of Appeals ruled in favor of Mr. Davick's client finding the coverage exclusion was ambiguous as written and thus unenforceable. As a result of this ruling, Illinois Farmers changed the applicable language in their policies of insurance and Mr. Davick's client recovered a significant award in the case.

Auto Accident Victim Rewarded Settlement Six Years After Injuries
A young woman who was in an auto accident sustained injuries that necessitated a multi-level cervical fusion surgery six years after the accident. The insurer claimed that neither the surgery nor the related injuries had been caused by the accident.

Who's Telling the Truth?
Another lawyer had previously turned down our client, who suffered painful back and knee injuries from the accident. Each driver claimed a green light, and there were witnesses that supported each person's version. The insurance company had said they would not pay. Attorney John Clifford listened to the client’s story, analyzed all the facts, and assessed that the other driver’s version didn’t quite add up. This proved to be true. During depositions, the other driver ended up acknowledging that he “could have” run the light. The case settled for six figures.

College Student Fights Denied Medical Claims (Lapse in Treatment)
A full time college student who also worked more than 20 hours per week was in a car accident and sustained injuries. Even though she received medical treatment for a few months following a car accident, she learned to deal with her injuries on her own. After a lapse of formal treatment for one year and four days, she returned to her doctor when her symptoms became unbearable. The auto insurer refused to pay for her medical expenses because of the year lapse in treatment. Her attorney, Mark Streed, argued that she had been dealing with an "ongoing disability" during the one year lapse and that her insurance company was required to pay for her treatment under Minnesota law. The Minnesota Supreme Court agreed and ruled in her favor in a landmark decision on No Fault law. | MN Supreme Court CITATION: 562 N.W2.d 289

Bus Stop Bystander Accident
A car and a commercial van collided at an intersection, causing the van to veer off and drive over a woman who was sitting on a bench waiting for the bus. The woman suffered horrendous injuries. The driver of the car admitted to picking up a dropped cigarette while driving, which resulted in his running the red light. Unfortunately, his insurance coverage was only $30K. Meshbesher attorney John Clifford proved in court that the other driver was partially responsible as well. Even with a green light, the law requires that a driver must still look for moving vehicles while passing through the intersection. Reconstructing the scene, attorney John Clifford was able to prove that the driver of the van had not looked for oncoming traffic while approaching the intersection, contrary to his statements.
Verdict: $1.5 million

Hit and Run Accident Leaves Young Man with Serious Hip Injuries
A 22-year-old passenger in an insured vehicle that was violently hit by a hit and run driver suffered a shattered hip. His injuries required surgery to piece the hip joint back together, causing him to miss 6 months of work. After other lawyers unsuccessfully tried to identify the hit and run driver and find insurance coverage, they dropped his case. Mr. Streed agreed to take the case and due to some aggressive investigation combined with some good luck he was able to find the "at fault" driver and uncover the lies and deceptions that had allowed him to go undetected for over 2 years. Insurance coverage was also found to cover the man's negligence. Ultimately a Hennepin County jury returned a verdict for our client that fairly compensated him for his injuries, lost income and medical bills. | MN Supreme Court CITATION: 549 N.W2.d 89
Verdict: $225,000

8-year-old Boy Struck by Vehicle
Meshbesher & Spence attorney Mark Streed helped the mother of an eight year old boy, who was killed while crossing a busy street, overcome an insurance company's opinion that the boy had "darted out" and was completely at fault. The Ramsey County jury concluded the driver of the car, not the little boy, was primarily at fault and awarded Mr. Streed's client damages in excess of the insurance company's policy limits.

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Foust v. Holland - Minivan Hit by Semi-truck at Broken Stoplight
This collision between a semi-truck and a minivan occurred at the intersection of Highway 12 and County Road 6 in Orono. Earlier in the day, a storm had passed through the intersection, causing the traffic lights to malfunction. As a result, drivers were treating the intersection as a four-way stop. When the minivan driver took his turn through the intersection, the driver of a semi-truck drove through the intersection at highway speeds, causing a devastating accident that resulted in a permanent brain injury to the driver of the minivan. The verdict against the semi-truck driver's company is the largest in Minnesota history involving a commercial vehicle truck and a single victim.
Verdict: $9.8 million

MN Man Paralyzed in Semi-truck Collision, Settlement Makes Long-term Care Possible
A Minnesota man sustained an incomplete quadriplegia injury that caused paralysis when a commercial semi-trailer crashed into his car outside of Las Vegas, Nevada. After the accident, the man spent considerable time hospitalized and in a nursing home away from his family until a substantial settlement from the trucking company made it possible for his family to bring him home. They were able to use the settlement to set themselves up to care for the victim long-term in their home, surrounded by loved ones.

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Columbia Heights Woman Paralyzed by Drunk Driver
A 35-year-old Columbia Heights woman sustained a neck fracture that left her paralyzed when a drunk driver struck her car at a high speed. The drunk driver was uninsured but a lawsuit was brought against the bar that provided the alcohol and failed to police its sale. The case settled before trial for a confidential sum. The settlement funds will help her pay for the costs of on-going personal attendant care and other medical procedures in an established life care plan.

Cass County Drunk Driver Accident
An 18-year old man was struck by a drunk driver in Cass County, resulting in severe orthopedic injuries and a traumatic brain injury. The defendants maintained that his pre-existing ADHD and depression were the source of his post-accident behavioral and emotional problems, which Meshbesher & Spence proved to be untrue-he and his family received a significant settlement on the eve of the trial.
Settlement: $7.1 million

Uninsured Drunk Driver Injures Mother of Four
A wife and mother of four was heading home on a Twin Cities four lane highway after work when she was struck by a drunk driver. She suffered life threatening injuries including multiple broken ribs, multiple fractures in her legs, arm fractures, and internal injuries. The drunk driver was killed. His insurance company claimed he had not paid his premium and was therefore not insured. After months of litigation which included painstaking review of security camera video from the bar, depositions of bar employees, and a separate lawsuit involving the driver's insurance company, the case was settled six figures.
Settlement: $715,000

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Illegal Sales By Bars Leads to Dram Shop Recovery
Streed’s client was out drinking with friends at two rural MN bars. The bars kept serving alcohol to the men as one of them had identified himself as the “sober driver”. The bars proceeded to over serve their customers to the point where they were obviously intoxicated, a violation of a bar’s legal duty. The bar employees were not too concerned with this violation of MN’s liquor liability law because they assumed the sober driver would be driving the men all night long. They assumed wrong; eventually the sober driver went home and one of the drunken men drove and caused a rollover crash that resulted in serious injuries to his passenger, Streed’s client. A lawsuit resulted in a settlement with both bars (and the driver of the vehicle). This was a tragic case and serves as a reminder to all liquor vendors as to the importance of following the liquor liability laws and also to individuals to always avoid driving while intoxicated and/or riding with a driver who is intoxicated and impaired.

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Defective Design of a Parking Ramp: Lack of Posted Overhead Height Restrictions
Streed represented the family of their beloved and still vibrant 100-year-old mother and grandmother, who suffered traumatic injuries when the roof of the van she was in crashed into the overhead beam of a parking ramp. The ramp’s overhead cement beam was only 6’ 11” high (and the van was 7’ 6” in height). The crash threw the 100-year-old woman forward, causing an aortic rupture that ultimately caused her death the next day. While the driver of the medical van exercised poor judgment, the bigger culprit was the owner and designer of the parking ramp. The ramp entrance had been created just two years earlier. Unfortunately, the entrance did not have any height restriction warnings alerting drivers of the dangerously low overhead clearance heights inside the ramp. Ultimately Streed was able to prove a negligence claim against both the medical van operator and the owner/designer of the parking ramp entrance. The family Streed represented was extremely gratified that the parking ramp did, ultimately, incorporate state-of-the-art overhead height restriction warnings so as to prevent a similar occurrence from happening.

11-year-old Sustains Brain Injury Due to Drowning in Commercial Pool
Lifeguards on duty at a commercial swimming pool failed to notice an 11-year-old boy floundering in the deep end until it was too late. The boy sustained a dramatic and severe brain injury and remains in a coma. However, a substantial settlement financed the boy's lifetime care at a professional facility and enabled his family to add wheelchair access to their home so he can spend overnights at home frequently and spend time with his family.

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Truck Driver Injured by Negligent Crane Operator
An independent owner operator truck driver was permanently injured when a crane operator lost control of a fabricated concrete beam and negligently swung the beam at the truck driver. Since then the truck driver has undergone four surgeries and has been unable to return to work. Meshbesher & Spence attorneys, John Sheehy & Pamela Spaulding represented the truck driver. At trial, the jury awarded the truck driver compensation to cover past and future health care expenses, lost wages, future earning capacity and compensation for pain and suffering.
Verdict: $7.87 million

Owatonna Construction Accident
A 53-year-old farmer from Steele County was helping a neighbor pour a concrete floor in their barn when a 3,000 pound bi-fold door collapsed because of faulty installation. The accident took the man's life and Meshbesher & Spence was able to recover damages for his family from the company that installed the door.
Verdict: $3.5 million

Man Injured by Employee of Construction Company
In this case, the "at fault" company (an employee of this company caused a worker’s injuries on a bridge construction project) claimed that under Minnesota law they were not responsible for paying any compensation because they were working as a "common enterprise" with the injured party’s employer. They therefore claimed that the injured worker was limited only to worker's compensation benefits. Mark Streed and other lawyers at Meshbesher & Spence took the case to the Minnesota Supreme Court, which ruled in favor of the injured worker, allowing him to pursue his claims against the "at fault" party. | MN Supreme Court CITATION: 406 N.W2.d 311

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Western Minnesota Motorcycle Accident
Motorcycle Accident—Counsel in seven figure settlement for 50 year old man injured in motorcycle accident in Western MN. Client was injured when a delivery van pulled out from an intersection forcing the client to put down his motorcycle resulting in significant urologic injuries.

Olson v. Christian Builders - Motorcyclist Killed By Non-secured Debris
A 22-year-old man was headed to his second job in Rogers, MN on his motorcycle, when a wooden pallet that had not been properly secured to the flatbed truck, flew off the bed and struck the man, killing him. The trial team showed that this man's death was caused by the negligence of the commercial trailer driver and company, and the family was awarded a significant verdict because of the unfortunate and preventable circumstances of his death.
Verdict: $3 million

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Hockey Player Sustains Neck Fracture in Charter Bus Accident

A 24-year-old Brooklyn Center hockey player sustained a neck fracture in a charter bus accident in Massachusetts. He had been drafted by a National Hockey League team while in college and played for an American Hockey League affiliate at the time of his injury. The accident derailed his pro hockey career. The federal court case in Massachusetts settled with a magistrate before trial for a confidential sum.

66-year-old Woman Killed in St. Paul School Bus Crash

A 66-year-old retired Vietnamese woman who emigrated to Minnesota to live with her daughter and provide day care to her disabled grandson was killed when a school bus crashed into her minivan at highway speeds in St. Paul, MN. She was also survived by siblings in in Vietnam. The case settled before trial at a mediation for a significant confidential sum.

Pedestrian Hit by School Bus Needs Leg Amputation

A 67-year-old's leg was amputated after being hit by a school bus. Aggressive, early investigation and effective use of the bus company’s own business records as key evidence, helped Mark Streed’s client achieve an award well in excess of $1M from the bus company for its negligent training/supervision and for the negligence of its bus driver.

Middle School Student Struck by School Bus

A middle school child sustained significant pelvic fractures and horrific scarring when she was struck by a school bus in a crosswalk in front of her school. Her parents sued the bus company on behalf of their daughter and the case was settled before trial. A structured annuity will fund her future education and provide her with significant assistance into her adult life.

Church Youth Group Bus Accident
A Minnesota church youth group chartered a bus for a mission trip to Colorado. The bus driver lost control at night on a mountain road and the bus left the highway, rolling over on its side in the ditch. Several young people were thrown from the bus and many were injured. Meshbesher & Spence attorney Kate Flom's young client suffered facial cuts and a shoulder injury requiring surgery and extensive rehab. The case settled for over six figures.
Settlement: $200,000 and $50,000 in medical bills

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AC Serviceman Attacked By Homeowner’s Pit Bulls

Mr. Streed’s client was responding to a family’s request that he service/fix their AC unit during a heat wave. The service technician responded quickly as he knew the family has several young children and some elderly family members, all of whom were suffering from the stifling temperatures. The homeowner did not communicate to other family members that the technician was to arrive within the hour. The tech, who was familiar with the home, but who had no idea the family had pit bulls, was savagely attacked as he stepped outside to finish working on the AC unit. Mr. Streed and his client brought suit against the homeowner and the dog owner and recovered over $225,000 for the physical and emotional trauma experienced by the client.

Retired Man Attacked by Vicious Dogs
A retired gentleman was taking his morning walk on a western Minnesota country road when three dogs owned by a neighbor got loose and attacked him, actually dragging him into a ditch and biting him numerous times. A passing motorist was able to scare the dogs away and called for the sheriff's deputies, who had to shoot one of the dogs so the ambulance personnel could tend to the wounded man. The case settled for the policy limit from the dogs' owner.
Settlement: $500,000

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West MN Natural Gas Explosion
Natural Gas Explosion—Counsel in seven figure settlement involving explosion of a natural gas heating unit in western MN. As a result of the explosion, client suffered a fractured neck and traumatic brain injury.

Young Child Badly Burned In Home Explosion
A young boy was burned badly by a chemical explosion that occurred by a pond near his home as a result of his neighbors negligent conduct. His injuries were both physically and emotionally painful, leaving him with permanent scarring and a long, difficult recovery. Meshbesher & Spence worked hard to make sure the boy received a fair settlement.
Settlement: $280,000

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Carpet-Layer Sustained Brain Injury On the Job
A carpet-layer was delivering carpet rolls to a Twin Cities suburban construction site, when a piece of plywood blew off the roof and fell three stories, striking him on the head. Although he was wearing a hard hat, the carpet layer was struck unconscious and rushed to a trauma center. He was diagnosed with a concussion and neck and back injuries, suffered seizures, severe headaches, and episodes of forgetfulness. One year later, he was able to return to work, but regularly takes anti-seizure medication. Meshbesher & Spence sued the general contractor and numerous subcontractors because no one knew for sure whose plywood blew off the roof and hit the carpet layer-the case settled generously.
Settlement: $477,500

Semi-Truck Accident Leaves 26 Year Old Man with Traumatic Brain Injury (TBI)
Mr. Streed represented a 26-year-old rural Minnesota man whose vehicle was demolished by an out-of-control semi-truck. The man suffered a traumatic brain injury that left him comatose for over a week. The man's tremendous physical and mental strength and great work ethic enabled him to regain most of his pre-trauma capabilities after working hard with his excellent doctors and therapists for over a year.
Settlement: $800,000+

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OB-GYN Fails to Diagnose Pre-Eclampsia, Mother Dies
A young 16-year-old Native American woman from St. Paul died in the late stages of her pregnancy when an OB-GYN failed to diagnose and treat her pre-eclampsia at a clinic visit. She presented to the hospital soon after and experienced eclamptic seizures that caused a brain injury and death. Her child survived his mother’s death. She was also survived by a close family that brought a wrongful death claim on the child’s behalf. The case settled in a mediation for a confidential sum that provided for the child’s future needs.

Koehler v. Abbott Northwestern Hospital - Suicidal Woman Left Unattended in Locked Psychiatric Ward
In this medical malpractice case, Snyder and Sheehy represented an Anoka woman who was diagnosed with a severe psychiatric disorder that resulted in uncontrollable depression and suicidal feelings in its acute stages. After being admitted to a locked psychiatric unit of a Minneapolis hospital, she was left alone in her room by hospital staff despite her stated intention to commit suicide. Her resulting suicide attempt caused severe and permanent brain damage. She was awarded what was, at the time, the largest medical malpractice settlement in Minnesota history.
Verdict: $15.9 million

Kuttner v. Hutchinson - 3-year-old Dies During Routine Tonsillectomy
A three-year-old boy went to the hospital to have his tonsils removed in January 2001. The doctor performed an adenotonsillectomy—however, instead of removing all the tissue that was cut, two large chunks of tissue were not removed from the boy's throat and partially blocked his airway. Then, in violation of the most basic rules of anesthesia, the nurse anesthetist pulled out the tube that was delivering his oxygen. The lack of oxygen caused the young boy's heart to stop. Meshbesher & Spence represented the boy's family in this wrongful death case, which resulted in a significant verdict for his grieving family.
Verdict: $1.8 million

Kyle Jim v. Via Christi Medical Center - Doctor Misdiagnoses Rocky Mountain Spotted Fever, Boy Sustains Permanent Injury
An eleven-year-old boy repeatedly went to see the doctor for treatment of a fever and a rash. The doctor's failure to diagnose his illness as Rocky Mountain Spotted Fever resulted in the loss of both of the boys' legs, four fingers, and his ability to hear and speak. The medical malpractice claim against the doctor and medical center responsible for the misdiagnosis resulted in a significant verdict for the boy.
Verdict: $9 million

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10-year-old Sexually Abused and Threatened by Grandfather
A 10-year-old boy who was sexually abused and threatened by his grandfather went to trial for two weeks in Minnesota. The jury returned the largest compensatory damage award for a sexual abuse case in Minnesota history in favor of Meshbesher's client and attorney Gus Nicklow remains in contact with the client and his family.
Verdict: $18 million

Northern MN Family Practice Physician Sexually Abuses Patient
A married family practice physician in northern Minnesota was treating a 35-year-old single mother of two for depression and other problems. The doctor professed to be in love with his patient, and made sexual overtures toward her in the examining room. The patient's depression worsened and she developed additional symptoms, she ultimately sought treatment from a psychiatrist. The case settled without a lawsuit for a confidential amount.

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Students Victimized By After-School Program Worker
Two students were victimized by an individual who was allowed to work on school property with students as part of an after-school program. Both students recovered a substantial six-figure settlement.

Country Music Festival Attendee Raped by Festival Employee
A young woman attending a country music festival in Detroit Lakes, MN, was raped by a festival employee in 2008. The perpetrator had been hired to work for the festival despite having a criminal history, including a prior conviction for felony sexual assault. After a two-week trial with dozens of witnesses, the jury returned a sizable verdict in favor of the young woman.
Verdict: $750,000

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Forde v. Geo M. Martin Company - Box Stacking Machine Malfunctions, Causing Traumatic Brain Injury
In this case, an unreasonably dangerous box stacking machine caused an accident at a Minneapolis factory. On his third day on the job, a new employee who had no formal training was operating the machine, which malfunctioned, pinching his head in the machine and causing a severe brain injury. The jury awarded this employee the largest person injury, products liabiliyt, and brain injury verdict in Minnesota's history.
Verdict: $35.3 million

Anoka Maintenance Worker Seriously Injured When Acid Tank Valve Malfunctions
A maintenance worker at a manufacturing facility in Anoka, MN sustained catastrophic burns over a major portion of his body when a valve ruptured on a tank containing sulfuric acid. The acid was used in the manufacturing process and was ordered in 350-gallon polypropylene containers from a local distributor. The valve had ruptured during routine use and the worker’s injuries disabled him from employment. A significant settlement was reached.
Settlement: $2.15 million

Metal Fabrication Worker Injured by Faulty Machine
A man working at a local metal fabrication plant lost two fingers and much of the skin off of his forearm and hand when his arm became caught in a piece of machinery. After numerous surgeries, he had only limited use of his hand and three remaining fingers. Meshbesher & Spence sued the manufacturer of the machine for failing to put adequate warnings on the machine, and having an emergency shut off switch that was inaccessible when our client's arm was caught. The jury returned a significant verdict for our client.
Verdict: $800,000

Man Seriously Injured by Defective Ladder
As a favor to a friend, a man agreed to paint some of the rooms inside the friend's home. The friend and his wife provided the materials, including a ladder. While the man was using the ladder, it suddenly collapsed and "scissored" his ankle in such a way that it broke all the ankle bones and nearly severed the foot. The homeowners claimed that the man was standing on the ladder's top cap and otherwise using the ladder in an inappropriate way and that he was the sole cause of the incident. Their insurance company offered $5,000 to settle the case. Through investigation and examination of the owner's use of the ladder, it was proved that the ladder owners had repeatedly repaired the ladder to the point that it was a dangerously defective product, unsuitable for unknowing others to safely use. A Dakota County jury found the homeowners to be responsible for the defective ladder and liable for the injuries and lost income and diminished earning capacity sustained by Mark Streed's client.
Verdict: $425,000

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Business Pursuits / Employment Exclusion Case
Appellate Work—Closner v. Illinois Farmers—successfully argued that a policy business pursuits/employment exclusion was ambiguous thus reversing a coverage denial involving a claim of a newspaper delivery person.

Business Destroyed by Fraudulent Supplier
A multi-million dollar verdict was obtained for a business client that was rendered insolvent by the fraudulent and deceptive practices of a parts and equipment supplier. After weeks of trial that involved the testimonies of dozens of witnesses, Mr. Nicklow convinced the jury of the extensive harm done to his client.
Verdict: $5.4 million

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Paxil Ineffective for Children Under 18 - Class Action Lawsuit
Meshbesher & Spence attorney Anthony Nemo led a class action lawsuit against GlaxoSmithKline (GSK), the manufacturer of the anti-depressant Paxil, claiming that Paxil was not effective at treating depression in children under the age of 18 and that GSK had deliberately tried to conceal this information. Meshbesher & Spence sought reimbursement for the families that had been prescribed and paid for Paxil, though it was not proven to be effective for children under the age of 18. In 2008, a federal judge approved a $40,000,000 settlement to be paid to these families.

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Winona County Reduced Sentence on Drug Case (December 2014)
Client was charged with Controlled Substance Crime in the 2nd Degree and faced a presumptive sentence of 92 months in prison. Mr. Bauer argued successfully to the District Court that the client was amenable to probation. The Court stayed 57 months of prison time over the client’s head and allowed him to have an opportunity at probation.

Ramsey County Third Degree Assault Probation Violation (December 2015)
After his client is charged with a new felony assault offense only two months after being sentenced for an earlier assault, Mr. Guerrero convinces the Judge, prosecutor and probation officer that his client should not be held accountable for a probation violation when the new charge is pending and has not resulted in a conviction, leading to the immediate release of his client from custody.

Itasca County Felony Intercepting Oral Communications (November 2015)
On the eve of trial, the prosecutor dismissed the felony charge against Mr. Guerrero’s client allowing her to return to her place of employment with a clean record after almost 8 months of forced administrative leave.

Ramsey County First Degree Controlled Substance Offense (October 2015)
In a case involving a significant amount of cocaine and marijuana, Mr. Guerrero negotiated a dispositional departure for his client, which allowed his client to avoid a 103 month prison sentence.

Ramsey County First Degree Controlled Substance Offense (October 2015)
In a case involving a significant amount of cocaine and marijuana, Mr. Guerrero negotiated a dispositional departure for his client, which allowed his client to avoid a 103 month prison sentence.

Hennepin Count Fifth Degree Domestic Assault (October 2015)
Mr. Guerrero negotiated a stay of adjudication on an amended charge of disorderly conduct, allowing his client to avoid a criminal record.

Dakota County Felony Stalking and First Degree Drug Manufacturing (October 2015)
Mr. Guerrero was able to convince the prosecutors in two separate files to dismiss the first degree manufacturing count, which carried a presumptive 166 month prison sentence, and reached a global resolution of both cases for a far more reasonable 57 month term.

Dakota County Multiple Counts of Gross Misdemeanor Domestic Assault and DANCO Violations (October 2015)
Mr. Guerrero’s client was an Iraqi war veteran suffering from a traumatic brain injury and PTSD. Working closely with the Judge and the prosecutor and with strong support from the client’s wife over the course of many months to insure the client’s sobriety and ongoing treatment with his therapist, Mr. Guerrero was successful in obtaining a misdemeanor sentence for his client, without any jail time, which allowed his client keep his job.

Hennepin County Fifth Degree Assault (September 2015)
Mr. Guerrero secures a negotiated plea to a reduced charge of disorderly conduct, which after a one year probationary period, will be vacated and dismissed.

Rice County Fourth Degree Controlled Substance Offense (September 2015)
Mr. Guerrero convinces prosecutor to offer his client a stay of adjudication, allowing his client to avoid a criminal record.

Rice County Fourth Degree Controlled Substance Offense (September 2015)
Mr. Guerrero convinces prosecutor to offer his client a stay of adjudication, allowing his client to avoid a criminal record.

Hennepin County Fifth Degree Controlled Substance Offense (August 2015)
After his client was discharged from Operation De Novo, a diversion program designed to allow persons accused of certain felony offenses to avoid a criminal record, Mr. Guerrero was successful in convincing the prosecutor to give his client another opportunity to succeed in the diversion program.

Anoka County Burglary Revocation Hearing (August 2015)
Mr. Guerrero was successful in convincing the probation officer and the prosecutor that his client was entitled to time served which resulted in his client’s immediate release from jail, and discharge from probation and allowing his client to return to his home state of Arizona.

Dakota County False Statement to Obtain a Firearm Permit (August 2015)
In a somewhat unusual case where client neglected to disclose a previous felony conviction in an attempt to purchase a firearm, Mr. Guerrero convinced the prosecutor that his client made an honest mistake, resulting in a stay of adjudication and allowing his client to avoid a criminal record.

Anoka County Felony DUI (July 2015)
Mr. Guerrero argued successfully for a dispositional departure for his client who had 8 prior DUI convictions, which allowed his client to avoid a prison sentence and to keep his job.

Hennepin County Fifth Degree Controlled Substance Offense (June 2015)
After working closely with his client through the pre-charge stage into the criminal prosecution, Mr. Guerrero was able to convince the prosecutor that his client was a good candidate for Operation De Novo, allowing his client to avoid a criminal record.

Hennepin County Fifth Degree Controlled Substance Offense (June 2015)
After working closely with his client through the pre-charge stage into the criminal prosecution, Mr. Guerrero was able to convince the prosecutor that his client was a good candidate for Operation De Novo, allowing his client to avoid a criminal record.

Dakota County Child Porn Possession (June 2015)
Mr. Guerrero worked tirelessly for close to three years for his client, through the pre-charge stage into the prosecution stages to negotiate a settlement for his client that will allow his client to avoid a felony conviction, and also allowed his client to remain with the individual therapist he had been working with for the past three years, as opposed to switching to a probation recommended criminal sexual conduct out-patient group.

Ramsey County OFP Violation (May 2015)
In a particular unfortunate case involving next door neighbors, Mr. Guerrero was able to successfully negotiate a resolution for his client, who had recently moved from the neighborhood, that kept his client’s record clean, and more importantly allowed his client to resolve the case by mail, avoiding any further contact with his former nemesis.

Hennepin County Third Degree Criminal Sexual Conduct (May 2015)
After a day of jury selection, the prosecutor agreed to amend the charge to a gross misdemeanor. Mr. Guerrero insisted the agreed upon sentence include no jail time.

Isanti County First Degree Assault Probation Revocation (April 2015)
Mr. Guerrero’s client violated probation after receiving a dispositional departure from an otherwise presumed prison sentence. Over the prosecutor’s objection, Mr. Guerrero convinced the Judge to give his client another chance on probation, avoiding (once again) a prison sentence.

Olmsted County Felony level DUI charges Dismissed (February 2014)
The client was charged with first degree driving under the influence. Mr. Bauer challenged whether the Sheriff’s Deputy had a reasonable articulable suspicion for the expansion of the traffic stop. The District Court agreed that the expansion of the stop was unlawful ultimately suppressing all evidence derived from the stop and dismissing the felony level charges. Ultimately the client’s driver’s license was also reinstated.

Winona County Multiple Felony Charges (January 2014)
The client had no criminal history and was charged with first degree burglary with an assault. He was facing a presumptive prison sentence of 48 months. At trial Mr. Bauer presented a Voluntary Intoxication Defense. After several hours of deliberation the Jury found the Defendant not guilty of all burglary charges and assault charges. Instead the Defendant was found guilty of a misdemeanor trespass and a misdemeanor fleeing from a police officer on foot.

State Dismisses Drug Charges in Olmsted County (July 2013)
The client was charged with a 3rd Degree Controlled Substance and had prior drug convictions. After months of negotiations the prosecution ultimately agreed to dismiss the charges.

Olmsted County Possession of a Firearm (October 2013)
Client was charged and convicted of Felon in Possession of a Firearm and was facing 60 months in prison. The client had a lengthy criminal history, however at sentencing Mr. Bauer produced evidence of the client’s current employment and elicited testimony from other key character witnesses. The District Court granted the departure for the client and allowed him the opportunity to be successful on probation.

Dodge County 5th Degree Assault charge (December 2012)
Jury heard testimony from alleged victim about an altercation that occurred on the client’s property. Mr. Bauer presented a self-defense claim on behalf of his client. After only 45 minutes of deliberation the jury returned a Not Guilty verdict on the 5th Degree Assault charge.

Olmsted County Jury Finds Client Not Guilty of Terroristic Threats (October 2012)
Mr. Bauer’s client was charged with Terroristic Threats. Despite the fact that the police has elicited a “confession” from the client, Mr. Bauer argued that the alleged victim was never in fear of the client. After three hours of deliberation the Jury acquitted the client on all charges.