Attorneys Charles Armbruster and Michael Blotevogel successfully recover almost $1,500,000 in a FELA case for a Union Pacific conductor who developed osteoarthritis of the hips as a result of years spent walking on uneven surfaces and oversized ballast in Union Pacific rail yards. The case was Heverly vs. Union Pacific. This verdict came after Mr. Heverly lost the first trial of this case when he was represented by another firm a year earlier. Using the same evidence and witnesses available at the first trial, Mr. Armbruster and Mr. Blotevogel successfully convinced the jury that Mr. Heverly’s injuries were the result of the railroad’s negligence in maintaining its rail yards. “This verdict should send a very clear message to the railroad that it needs to provide its employees with a safer working environment.” said Mr. Blotevogel. The verdict was affirmed on appeal to the Missouri Court of Appeals.
Armbruster, Dripps, Winterscheidt & Blotevogel, LLC partner, John Winterscheidt, recently successfully prosecuted several Circuit Court lawsuits on behalf of clients whose court ordered payments were not timely made by their employer. Illinois state law allows an employee to receive additional compensation, attorney fees and expenses if an employer fails to timely comply with an Order of the Workers’ Compensation Commission. “We will not tolerate an employer failing to meet its obligations to our clients,” said Winterscheidt.
Armbruster, Dripps, Winterscheidt & Blotevogel, LLC acts as co-counsel to obtain verdict for injured seaman sued by employer for fraudulently obtaining maintenance and cure benefits. Roy Dripps of ADWB and David R. Jones of Edwardsville obtained a jury verdict in favor of Richard Diemert in an action brought by his employer, Martin-Marietta Materials, Inc. The employer had charged Diemert, who was a Jones Act seaman, with fraud in obtaining maintenance and cure benefits after he was injured. The case was tried to a jury in the United States District Court for the Southern District of Illinois. The jury returned a verdict in favor of the injured seaman on December 8, 2010.
Armbruster, Dripps, Winterscheidt & Blotevogel, LLC acts as co-counsel with Faerber & Anderson to obtain landmark federal decision protecting seaman’s rights. Roy Dripps of ADWB and Christine Anderson and Fritz Faerber of St. Louis obtained a major victory for river employees in National Maintenance v. Deering, in the United States Court of Appeals for the Seventh Circuit. The Court of Appeals upheld the dismissal of a counterclaim for property damage brought by the employer against the injured seaman. The 7th Circuit held that the Jones Act, required dismissal of the employer’s claim. The Court stated that “combining a property-damage counterclaim with a limitation of liability in order to wipe out a substantial personal injury claim under the Jones Act is a liability-exempting device forbidden by the Act.” The 7th Circuit includes Wisconsin, Indiana and Illinois.
Armbruster, Dripps, Winterscheidt & Blotevogel, LLC partner, Charles Armbruster, is named a Fellow of the Litigation Counsel of America. The LCA is an invitation-only trial lawyer honorary society. Membership is limited to less than one-half of one percent of American lawyers. The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers. Fellows are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.
ADWB attorneys Michael Blotevogel and Charles Armbruster recently defeated an attempt by an apartment complex to escape responsibility for severe injuries sustained by one of its tenants when another tenant’s pit bull mauled her in the common area of the complex. Butler Hill Apartments filed a motion for summary judgment arguing it could not be liable for the injuries based on Missouri cases saying Missouri “rejects landlord liability.” Blotevogel and Armbruster explained that the cases relied on by Butler Hill were distinguishable from the facts of their case. Blotevogel also noted one of the owners of the complex admitted the complex “harbored” the dogs, and that St. Louis County had an ordinance under which the apartment complex could be liable. Because of ADWB’s efforts, their client still has an opportunity to recover money for her injuries from a party that can provide her the compensation she deserves.
On December 13, the attorneys of Armbruster, Dripps, Winterscheidt & Blotevogel, LLC obtained a verdict of nearly $2,300,000 for their client who suffered a brain injury when an Imo’s delivery driver crossed the center line of the road and struck the plaintiff’s vehicle head on. In the case of Bruntjen v. Imo’s Franchising, et al., the jury returned a unanimous verdict in favor of the plaintiff after 8 hours of deliberation
Of significance in the case was the jury’s determination that Imo’s Franchising, Inc. is responsible for the conduct of the delivery drivers working for its franchises. Imo’s tried to convince the jury that all responsibility for driver conduct rests with the individual franchises rather than Imo’s itself.
Attorney, Charles Armbruster, said “It’s sad that it took a traumatic brain injury (TBI) to make Imo’s confront its delivery practices so that safety no longer takes a back seat to making money.”
Imo’s last settlement offer before trial was $500,000.
ADWB attorneys Roy Dripps and Charles Armbruster obtained judgment for Tyree Webb, a river worker who suffered PTSD after his employer required him and the rest of his crew to ride out Hurricane Katrina on board a river boat. The boat was located about 50 miles south of New Orleans, Louisiana when the storm hit. Rather than evacuate the crew like it had with other crews in the area, TECO Barge Line, Inc. chose to keep this crew on the boat. During the storm, the boat broke loose from it’s moorings. It rode through 26 foot waves. It was blown across the river and up river, against the current by the force of the storm. As a result, Webb suffered physical injuries and was disabled by post-traumatic stress disorder. Webb filed suit under the Jones Act and general maritime law for unseaworthiness. Webb has not been able to work since. The United States District Court for the Southern District of Illinois determined that Webb was entitled to recover $4.29 million dollars in total damages.
ADWB partners Charles Armbruster, Michael Blotevogel, and Roy Dripps were successful in defeating the defendants’ request to throw out a verdict they obtained from a Madison County, Illinois jury that found that $2,284,500.68 was appropriate compensation for an automobile accident victim who suffered permanent brain damage as a result of the negligence of a pizza delivery driver.
Armbruster, Dripps, Winterscheidt & Blotevogel, LLC attorneys Charles Armbruster and Michael Blotevogel obtain a record setting verdict in Grant County New Mexico for an injured railroad engineer. After a four day trial brought pursuant to the Federal Employers’ Liability Act (FELA), the jury returned a net verdict of over $988,000 for the plaintiff, Raymond Chavez. Mr. Chavez suffered a back injury in a 2008 derailment. According to court personnel, the verdict is believed to be the largest personal injury verdict ever returned in Grant County.
I.W.C.C. $50,000 for knee injury
I.W.C.C. $84,353 for repetitive hand and arm injuries
I.W.C.C. $135,921 for un-operated back injury
I.W.C.C. $142,000 for back injury
I.W.C.C. $150,000 for back and abdominal injury
I.W.C.C. $175,000 for back injury
I.W.C.C. $200,000 for hand injury
I.W.C.C. $225,000 for death of estranged spouse
I.W.C.C. $230,000 for arm injury
I.W.C.C. $250,000 for neck and shoulder injury