Home | Practice Areas | Attorneys | Newsletter | Offices

Representative Cases

Wrongful Death—Vehicular

Suit was filed in the Circuit Court for the City of St. Louis on behalf of our clients who were the father and teen-age son of a woman who was killed in an intersectional collision on Memorial Drive at the foot of the St. Louis Gateway Arch. Susan Gutweiler, enroute to pick up her son Michael from a social event in downtown St. Louis was proceeding through the intersection of Memorial Drive and Market Street on a green light when her vehicle was struck broad side by an SUV being driven by Leonard Little, Jr., at the time a rising star defensive end for the St. Louis Rams NFL football team. Mr. Little, who was intoxicated, had just left a St. Louis Rams sponsored “Celebrity Bartender” personal appearance/ promotional event held at AJ’s bar/lounge in the Adam’s Mark Hotel approximately two blocks from the intersection. He was operating his SUV at a high rate of speed when he drove through a red light, violently colliding with the Gutweiler automobile. Mrs. Gutweiler was pronounced dead a short time after the accident. Suit was brought against Mr. Little, the St. Louis Rams and the Adam’s Mark Hotel. [Confidential Settlement] 

Personal Injury—Medical Malpractice

Client, a recent graduate of chiropractic school set to embark on his career as a chiropractic physician underwent arthroscopic surgery of his right elbow at local hospital. The surgery was performed by a physician in the orthopedic residency program at the hospital, under supervision and with the assistance of a more experienced staff physician. During the course of the surgery the radial nerve in the client’s right arm was partially severed, resulting in permanent injury in the arm. As a result, the client did not have sufficient strength and function in his arm to enable him to perform as a chiropractic physician and he had to abandon this career. Following trial in the Circuit Court of the City of St. Louis, the jury returned a verdict for our client and his wife in the amount of $1.8 million dollars. A subsequent appeal by Defendants was unsuccessful and the total recovery for our clients with interest following the appeal was in excess of $2 million dollars. [Spain v. Brown, 811 S.W. 2d 47 (Mo. App. E.D. 1991)] 

Personal Injury/Wrongful Death—Medical Malpractice 

Suit filed in the Circuit Court for the City of St. Louis against physicians and hospital for professional negligence surrounding the birth of a premature infant. The physician pediatrician pronounced the infant dead soon after a troublesome premature delivery. However, nurses observed the infant breathing and detected improving vital signs and immediately began life sustaining efforts. After notifying the physician of these developments the physician was still of the opinion that the infant was “legally dead” and the nurses were instructed to leave the infant unattended in an unheated isolette (newborn hospital crib). The infant eventually expired. This case played out like the script from a feature film. The key nurse witness who was vital to a successful outcome of our client’s case went missing soon after the occurrence. Through dogged private investigation over the course of several years it was eventually determined shortly before the trial date that the nurse had changed her name and moved to another city to work, for fear of being “black balled” from the medical profession if she were called upon to truthfully testify to the events she had witnessed. The name she was using and the city where she was living were unknown. The trial was scheduled to commence following a holiday weekend. Approximately one week before the trial, on a hunch the missing nurse might visit her parents’ home for the holiday, the private investigator was assigned to stake out the St. Louis County home of her parents. When she in fact appeared at the home of her parents for a visit, the investigator was able to serve her with a subpoena to testify at trial. This emotionally charged chase brought into play interesting and complex medico/legal ethics issues and questions dealing with the definition of death, right to life, quality of life issues etc. [Confidential Settlement reached on the Friday preceding the Monday trial date.]

Wrongful Death—Medical Malpractice 

Client was the surviving spouse of a patient at Veteran’s Administration Hospital in Columbia, Missouri. A staff physician at the hospital failed to diagnose breast cancer of our client’s wife, which ultimately resulted in her death. Suit was filed under the Federal Tort Claims Act and trial of this case resulted in $800,000.00 award to our client. 

Personal Injury—Medical Malpractice 

Suit brought against doctor and hospital in the Circuit Court of St. Charles County, Missouri for the physician obstetrician’s failure to timely perform delivery by caesarian section. The fetus was left too long in the birth canal causing fetal hypoxia/asphyxia resulting in traumatic brain damage/cerebral palsy from lack of oxygen. The defendant physician had been a named defendant in two previous suits alleging birth defects as a result of her professional negligence. [Confidential Settlement]

Personal Injury—Product Liability 

Suit brought in the Circuit Court for the City of St. Louis, against manufacturer of a concrete pumping machine on behalf an illiterate laborer who had his fingers traumatically amputated while cleaning the machine. The manufacturer failed to design or equip the machine with a simple “deadlock” switch mechanism that would have prevented the machine from cycling during the cleaning process. Guarding of the dangerous mechanism and lack of adequate pictorial warnings were also factors in the case. [Confidential Settlement]


© Copyright 2006 KILO FLYNN BILLINGSLEY TRAME & BROWN, P.C. All rights reserved.
Website design by MB Consulting Group