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Matthew Rossiter & Jamie Boock were named to the Top 50 Lawyers in St. Louis by Super Lawyers fo13-Nov-2015

Matthew Rossiter & Jamie Boock were named to the Top 50 Lawyers in St. Louis by Super Lawyers fo..

Matthew Rossiter & Timothy Lemen obtained a jury verdict of $413,636.40 in St. Louis County.25-Sep-2015

Matthew Rossiter & Timothy Lemen obtained a jury verdict of $413,636.40 in St. Louis County...

Zachary Pancoast settles a central Illinois medical malpractice wrongful death case for $600,000.00.01-Sep-2015

Zachary Pancoast settles a central Illinois medical malpractice wrongful death case for $600,000..

Zachary Pancoast settles a medical malpractice Federal Tort Claims Act case for $800,000.00.01-Aug-2015

Zachary Pancoast settles a medical malpractice Federal Tort Claims Act case against the Veteran'..

Timothy Lemen and Matthew Rossiter successfully handled an appeal in the Missouri Court of Appeals.31-Jul-2015

Timothy Lemen and Matthew Rossiter successfully handled an appeal in the Missouri Court of Appeals, ..

Matthew Rossiter & Timothy Lemen attended a seminar entitled "Representing Estate and Trust16-Jul-2015

On July 16 & 17, 2015, Matthew Rossiter & Timothy Lemen attended a seminar entitled "Rep..

Jamie Boock settles motor vehicle claim for $375,000.00. 01-Jul-2015

July, 2015 - Jamie Boock settles motor vehicle claim in St. Charles County for $375,000.00. In ..

Jamie Boock is appointed to the Board of Governors for the Missouri Association of Trial Attorneys.01-Jun-2015

Jamie Boock is appointed to the Board of Governors for the Missouri Association of Trial Attorne..

Jamie Boock settles motor vehicle claim for $1,275,000.0001-Apr-2015

April, 2015 - Jamie Boock settles motor vehicle claim in St. Charles County for the defendant&rs..

Matthew Rossiter moderated the Tenth Annual Fiduciary Litigation Seminar18-Feb-2015

On February 18, 2015, Matthew Rossiter moderated the Tenth Annual Fiduciary Litigation Seminar, and ..

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Judgments and Verdicts

Undue Influence (2015). Obtained a jury verdict of $413,636.40 in St. Louis County. The five-day trial involved transfers made to a second spouse while the man was suffering from memory loss and the effects of dementia. There were no offers to settle.

Automotive Collision (2014). Argued the first case before the Missouri Court of Appeals as to whether Mo. Rev. Stat. § 490.715 applies to underinsured and uninsured motorist claims. Unfortunately the Court of Appeals did not reach the merits of the case and declined to rule on the issue. However, in doing so, the Court affirmed the verdict obtained on behalf of our client against Progressive Insurance Company in a case where Progressive refused to make any offer to settle the case prior to trial.

Trust Contest (2013). Obtained jury verdict successfully overturning three amendments to a revocable living trust which was valued at approximately $1.9 million. Rossiter & Boock had to overcome the testimony of three attorneys and a treating doctor to prove that the trust amendments at issue were the result of undue influence.  

Medical Malpractice (2013).  Obtained $525,000 jury verdict in favor of plaintiff in medical malpractice claim filed in Franklin County, Missouri.  This was the first reported plaintiff's verdict in a medical malpractice case in this county in a number of years. 
 
Estate Claim (2013).  Successfully defeated claims made against client and her husband's estate which totaled over $2.3 million.  Plaintiffs ultimately dismissed their claims without receiving any payment from the firm's client or the estate.  
 
Breach of Fiduciary Duty (2011).  Obtained judgment in favor of defendants in a claim against trustees for abuse of fiduciary duty.  Rossiter & Boock successfully obtained summary judgment on behalf of their clients, getting the plaintiff’s case dismissed with no payment by defendants and without the cost of a trial.  
 
Pedestrian Injury (2010).  Successfully obtained a verdict which was fifty percent higher than the last offer in a pedestrian/automobile collision where liability and causation was heavily disputed in a St. Louis County case. 

Premises Liability (2010).  Successfully obtained a verdict against the City of St. Louis for failing to timely repair a dangerous condition on a City of St. Louis road which resulted in a one-car accident.  Defendants made no offer to settle before trial.   

Petition to Determine Title/Abuse of Durable Power of Attorney (2010).  Successfully represented one sibling in a claim against the other sibling to challenge transfers of money and property out of their mother’s account before her death.  Transfers were made under a durable power of attorney.  Obtained judgment of $86,000.00.  

Insurance Negligence Claim (2010). Obtained jury verdict against insurance brokerage company for failing to maintain a worker’s compensation insurance policy for a construction business.  Judgment entered for exact amount requested by plaintiff’s attorney at trial. 

Automotive Collision (2010).  Successfully obtained a verdict in excess of the defendant’s policy limits, and almost twice the last offer, in a trial in the City of St. Louis.  (2010).

Breach of Fiduciary Duty – Durable Power of Attorney (2009).  Obtained jury verdict against attorney-in-fact who abused durable power of attorney.  Also obtained judgments for punitive damages and attorney fees.

Forgery/Undue Influence (2008).  Just prior to her death from cancer, woman allegedly signed deeds transferring her real estate holdings to common law husband.  All transfers were proven to be forgeries.  Judgment in the amount of $180,000.00 entered in favor of the heirs.  

Disputed Life Insurance Benefits (2008).  Obtained summary judgment in favor of an ex-wife awarding her the proceeds of disputed life insurance benefits in federal court.

Automotive Collision (2008.)  Successfully obtained a punitive damage verdict against a drunken driver in Madison County, Illinois.  

Trust Contest/Family Farm (2007).  Obtained judgment in favor of farmer against sister by successfully challenging amendment to mom’s Trust that would have transferred large portion of farm to sister.  Farm had value of $1,600,000.00.

Breach of Fiduciary Duty – Trustee and Durable Power of Attorney (2005).  Represented beneficiary of trusts created by parents against sibling/Trustee who abused a Durable Power of Attorney and misappropriated trust assets.  Obtained judgment in client’s favor in the amount of $888,082.00, and additional judgment $21,558.00 for attorney fees.


Settlements

Automotive Collision (2015). Settled motor vehicle claim in St. Charles County for $375,000.00. In this case the client suffered injury to her knee requiring an allograft procedure. Obtained the defendant driver’s policy limits of $100,000.00 and then an additional $275,000.00 from the client’s underinsured motorist coverage despite the plaintiff making a good recovery from the procedure.

Automotive Collision (2015). Settled motor vehicle claim in St. Charles County for the defendant’s policy limits of $1,275,000.00. We were able to settle this matter pre-suit in a conservative venue for the defendant’s policy limits which included an umbrella policy issued to the defendant’s parents.

Trust Administration (2015). Finalized a mediated settlement of litigation between siblings regarding trust administration. We represented the surviving spouse. Assets at issue exceeded $8,000,000.

Tortious Interference (2015). Finalized the mediated settlement of a lawsuit brought on behalf of disinherited beneficiaries of a trust. Assets at issue were approximately $10,000,000. Clients received in excess of 80% of the assets. Claims asserted included tortious interference with an inheritance expectancy in an adult adoption.

Breach of Fiduciary Duty (2015). Negotiated the settlement of a lawsuit filed on behalf of a co-trustee of two family trusts against the other co-trustee seeking removal and damages for alleged breaches of fiduciary duty. Assets at issue were approximately $1,000,000.

Trust Contest (2014). Negotiated the settlement of a trust contest brought on behalf of disinherited beneficiaries. Assets at issue were approximately $2,000,000.

Declaratory Judgment (2014). Negotiated the settlement of a declaratory judgment lawsuit filed against client-beneficiaries by the alleged corporate trustee of two family trusts with assets in excess of $1,000,000. Amendments to one of the trusts was at issue; specifically, one amendment naming the corporate entity as trustee and another amendment naming two of the beneficiaries as co-trustees.

Breach of Fiduciary Duty (2014). Negotiated the settlement of a lawsuit filed on behalf of a disabled client against an attorney-in-fact, resulting in the recovery of the disabled client’s home.

Removal of Trustee (2014). Negotiated the settlement of a lawsuit brought against a corporate fiduciary client by a beneficiary seeking to removal of the trustee, and to enjoin the sale of real estate. The trust at issue contained assets of approximately $2,000,000.

Personal Injury (2014). Settled assault and battery claim for $280,000.00. The client was severely injured when she was struck with a glass by a patron at the bar and restaurant where she worked. Successfully argued that the intentional act exclusion in the defendant’s homeowner policy did not apply to the facts of this case thereby allowing the case to be resolved. Negotiated a settlement with the client’s workers compensation insurer which allowed the client to continue to receive workers compensation benefits moving forward despite the settlement.

Personal Injury (2014). Settled e-coli poisoning case for policy limits of $500,000.00. Negotiated a policy limits settlement of $500,000.00 on behalf of a young girl who contracted e-coli poisoning at a horse farm in Lincoln County. 

Automotive Collision (2014). Settled motor vehicle claim for policy limits of $200,000.00. In this case the client suffered no physical injuries in the accident but was diagnosed with Post-Traumatic Stress Disorder as a result of the collision. Obtained the defendant’s policy limits of $100,000.00 and then also the plaintiff’s underinsured motorist limits of $100,000.00.

Automotive Collision (2014). Settled motor vehicle claim for policy limits of $200,000.00. In this case, the plaintiff, an Illinois resident, was ejected from a vehicle involved in a single vehicle collision in Missouri. We were also able to successfully eliminate a lien from a Missouri health care provider that would have significantly diminished the plaintiff’s eventual recovery.

Wrongful Death (2013). Settled wrongful death nursing home case for $650,000.00 in rural Missouri. In this case the plaintiffs asserted that their loved one died when she fell and broke her neck after being allowed to use a restroom unassisted. 

Wrongful Death (2013). Settled wrongful death trucking claim for $1,180,000.00. In this case we were able to obtain the defendant trucking company’s entire policy limits of $1,000,000.00 and another defendant’s policy limits of $100,000.00. The trucking company then agreed to pay an additional $80,000.00 outside of their insurance to settle the claim.

Breach of Fiduciary Duty/Trust Contest (2012). Represented a trust beneficiary in suits involving both of his parents' trusts. One suit contested the validity of an amendment to the mother's trust, and the other was against the trustee and a national brokerage firm for breach of fiduciary duty in connection with improper transfers out of the father's trust. Obtained settlement of all claims for $195,000.00 from the trustee and $30,000.00 from the national brokerage firm. 

Products Liability (2011).  Settled products liability case for $2,200,000.00 on behalf of a man who lost the three middle fingers and half of his dominant hand in an industrial machinery accident at his workplace.
 
Breach of Fiduciary Duty/National Trust Company (2011).  Represented class of trust beneficiaries against a national trust company for failing to properly administer at trust, and ignoring the interests of those beneficiaries.  Obtained settlement of $355,000.00, including attorney fees.

Will/Trust Contest (2010).  Defended large trust company in a will and trust contest.  Case was settled at no loss to the trust company.

Legal Malpractice/Failure to Probate Will (2010).  Represented will beneficiary in claim against attorney who failed to timely probate will of decedent.  Obtained settlement of $100,000.00.  

Automobile Collision (2010).  Settled automobile collision case in St. Clair County, Illinois for $650,000.00 on behalf of two retirees where no lost wages were alleged and physical injuries had essentially resolved.

Environmental Litigation - Oil and Gas (2008-2010).  Obtained dismissals, without payment of any settlement monies, for a local gasoline pipeline in multiple cases alleging personal injury due to benzene exposure.

Breach of Fiduciary Duty/Shareholder Derivative Suit (2009).  Successfully represented Co-Trustees of Trust that owned land and a factory.  Co-Trustees also owned stock in company that operated the factory.  Settled all claims for value in excess of $1,700,000.00.

Family Farm/Petition to Set Aside Deed and Ownership of Brokerage Account (2009).  Defended Illinois farmer in action by family members to set aside title to family farm and ownership of brokerage account.  Value of assets at issue exceeded $1,000,000.00.  Case settled in farmer’s favor for nominal payment to Plaintiffs.

Medical Malpractice (2009).  Successfully settled a medical malpractice claim for the death of an infant arising from overuse and misuse of a vacuum extractor during a labor.

Wrongful Death (2007).  Obtained settlement of $1,320,000.00 for family of driver killed in construction zone automobile accident.

Undue Influence/Lack of Capacity/Fraud (2005).  Obtained settlement of $550,000.00 in favor of estate and against friend of decedent who attempted to gain control of decedent’s assets by adding his name to her accounts as joint owner and beneficiary.  Decedent suffered from the effects of dementia and Alzheimer’s disease at the time of the disputed transactions. 


Reported Appellate Cases
 
Sherry Hueslkamp v. Patients First Healthcare, LLC (2014 WL 5840020)
Court of Appeals affirms Franklin County Medical Malpractice Award obtained by Jamie Boock. In this case, the Court of Appeals for the Eastern District of Missouri found in favor of Mr. Boock’s clients on all points after Patients First Healthcare in Franklin County, Missouri appealed a $525,000.00 jury verdict Mr. Boock obtained on behalf of his client in August, 2013. The Court of Appeals in a published opinion, Sherry Hueslkamp v. Patients First Healthcare, LLC, found that each of the defendant’s points on appeal lacked any merit and affirmed the jury’s verdict. This verdict is believed to be one of the first medical malpractice verdicts in Franklin County, a notoriously conservative venue.
 
Gibson v. City of St. Louis, 349 S.W.3d 460 (Mo. App. E.D. 2011)
Where a plaintiff sustains an original injury and receives negligent treatment that aggravates the original injury, the original tortfeasor is not entitled to a reduction of judgment under RSMo. § 537.060 for a settlement with the subsequent tortfeasors because the injuries caused by each tortfeasor are not "the same injury."
 
Stabler v. Stabler, 326 S.W.3d 561 (Mo.App. E.D. 2010)
Where the plaintiff pleads that she is beneficiary of a trust, but does not attach a copy of the trust to the petition, plaintiff has pled sufficient facts to have standing to initiate a breach of fiduciary duty claim against trustees, and the court erred in granting defendant’s motion to dismiss.  

Estate of Posey v. Bergin, 299 S.W.3d 6 (Mo. App. E.D. 2009)
Though the probate court has a legal duty to inquire into the status of every ward and ensure that a guardian is discharging his or her responsibilities, the court should not review the day-to-day decisions made by the guardian.  The court should give due consideration to a guardian’s exercise of discretion and should only focus on the core issue of the ward’s best interests.

Moore Automotive Group v. Sandy Goffstein, et al. 301 S.W.3d 49 (Mo. 2009)
A plaintiff’s failure to object to garnishment interrogatory answers did not preclude a direct action against garnishee for unjust enrichment and fraudulent transfer of funds.  In this case, the Missouri Supreme Court overruled existing Appellate Court law to the contrary.  

Celtic Corporation v. Tinnea, 254 S.W.3d 137 (Mo. App. E.D. 2008)
In Missouri, lack of consideration or inadequate consideration is not a sufficient reason for setting aside a deed; there must be some other compelling circumstance beyond a mere lack of consideration.  Even if consideration for a deed is inadequate, the operative effect of the deed cannot be defeated in the absence of fraud, mistake, duress, or other inequitable incidents.  Additionally, a court should not allow the use of parol evidence when a deed is unambiguous and complete on its face.

Metropolitan Life Insurance Company v. Lane, 248 S.W.3d 67 (Mo. App. E.D. 2008)
Where evidence shows that a decedent was physically and mentally debilitated at the time of the execution of a change of beneficiary form for a life insurance policy and that someone had to guide his hand to sign the form only two days prior to his death, a finding that the change of beneficiary form is not effective because decedent did not intend to execute it is supported by substantial evidence.

Marren v. Mutual Life Insurance Company of New York, 84 F.3d 1068 (8th Cir. 1996)
When terms of a life insurance policy are ambiguous and extrinsic evidence exists that bears on the interpretations of those terms, the insurance policy raises genuine issues of material fact for a jury to resolve.  Therefore, it is improper for a court to grant summary judgment in such a situation.  Instead, a jury must examine issues of fact presented by the extrinsic evidence in order to determine the intended meaning of the insurance policy.


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