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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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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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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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
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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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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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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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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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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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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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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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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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 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.