Posted by Gary Burger on December 17, 2015
Gary Burger tried for Kim Wensler against Kim’s own insurance company who refused to settle the uninsured motorist claim. Kim was riding a motorcycle on a dirt road in rural Missouri when a truck came going the other way. Kim skidded, lost control and went under the truck and was injured. Her injuries were severe and her medical was high. She suffered some fractured ribs, lacerated spleen injuries to other internal organs. She had to undergo surgery and was left with approximately $60,000 in medical bills. The defendant strongly contended that she should not have been driving the motorcycle and caused the accident by her own negligence. However, the jury did not believe this defense and agreed with our position (and the real facts) that the defendant had crossed the center line and had caused the accident. The jury returned a verdict for $500,000 apportioning 5% fault on the Plaintiff and 95% on the Defendant resulting in a verdict of $475,000.
Gary tried this case to a jury in the City of St. Louis and got a $495,000 verdict. I collected a significant amount of that and the family was very happy with the result. I ran into the family at court a couple of months ago and it was great to catch up with them.
Two post scripts:
1) Gary ran into the family at court a couple of months ago and it was great to catch up with them.
2) The opposing lawyer, Mike Kornbloom passed away in 2011. Mike was a tremendous lawyer, zealous advocate and a kind man. Our profession and our community suffered a great loss with Mike gone. Gary is honored to have tried a case against him.