• FANTASTIC SETTLEMENT FOR INJURED BICYCLIST

Denise Fullerton secured fair compensation for a 46 year old man who was injured while riding his bicycle along side a County Road, near his home. He was riding along the paved and marked shoulder, as there was no bike path nor sidewalk. He came upon a misaligned street sewer grate, into which his front tire dropped and became wedged. He was thrown from his bicycle, flying over his handlebars and landing on the asphalt.

The case was settled at mediation, with all parties recognizing a serious risk at the pending summary judgment motion. The City paid $27,500, and the County paid $20,000. From the total $47,500, the ERISA insurer agreed to accept $6,300 to resolve all medical expenses in full.  Click here for the rest of this success!


• FULLERTON SECURS SETTLEMENT FOR MOTHER OF STILL BORN SON 

Nearly 5½ years after having an automobile accident and losing her unborn child, a young woman retained Denise Fullerton to assist her in pursing a claim for the still birth of her son. Despite seemingly insurmountable obstacles, Ms. Fullerton was able to secure the full $80,000 in available insurance proceeds for her client.

The Plaintiff was driving her vehicle in heavy rush hour traffic along the highway, when her vehicle was rear-ended. She was in the front automobile of a three vehicle rear-end chain collision. Damage to her vehicle was approximately $1,500. She was seven months pregnant at the time. She believed she struck the steering wheel upon impact.

Six days later, labor was induced, and she gave birth to her son. It was later determined that he had died two to three days prior to his still birth, as a result of placental abruption. Her doctors explained to her that the collision had caused a small abruption in the placenta, which led to a small leak. Within less than a week, the leak was enough to kill her fetus.

The Plaintiff suffered from numerous other risk factors throughout her pregnancy. A serious delay in presenting the claim, as well as the lack of any supporting expert opinions establishing causation, were also potential barriers to the claim. Ms. Fullerton obtained $50,000 from the at-fault driver’s insurance carrier, and another $30,000 from her client’s underinsured motorist insurance carrier.


• ANOTHER SUCCESSFUL SETTLEMENT FOR ATTORNEY FULLERTON

A 52 year old man was injured while a passenger in a vehicle in Texas. The plaintiff’s vehicle was traveling on a through street, when another driver disregarded a stop sign and pulled out directly into the path of plaintiff’s vehicle. Both vehicles were totaled.

The plaintiff was taken to the emergency room by ambulance, where he was examined for a sore knee, neck, and back. He was given pain medication and instructions to follow up with his primary doctor. Once back in Minnesota, he received fourth months of care from a chiropractor for his neck and back, which substantially improved his symptoms. He also received physical therapy for his knee, and was given a knee brace. His knee was aspirated once. Diagnosis and causation of his knee pain was complicated by his history as a runner.

His total medical expenses were just over $8,000. All of these expenses were paid by his no-fault insurer. Lost wages totaled approximately $2,700, of which $750 was paid by his no-fault insurer. Denise Fullerton was able to negotiate a settlement with the at-fault party’s insurer of $22,000, without repayment of benefits to plaintiff’s no-fault insurer.


• A TOTAL SETTLEMENT OF $113,328.12! 

A 25 year old man was injured while riding his motorcycle, when a vehicle pulled out in front of him and caused a collision. The other driver ran a stop sign and failed to yield the right of way to the plaintiff. The other driver admitted that he never saw the plaintiff until the motorcycle crashed into the car and plaintiff went flying through the air. Click here for the rest of this success story!


• A HEFTY SETTLEMENT SECURED FOR YOUNG CLIENT

An 11 year old girl suffered a scalding injury at a Minneapolis Public School. She had stayed after school with the rest of her Safety Patrol Group, who all returned to the teacher’s room for hot chocolate. The teacher allowed the students to pour their own boiling hot water into each other’s cups, using a teapot with a loose lid, without any adult supervision. As one child was pouring the boiling hot water, the loose top for the teapot tipped off, spilling boiling water over the Plaintiff’s left forearm, wrist, and hand.

The Plaintiff sustained second degree scald burns. She received minimal treatment, comprising of Silvadene cream and bandage changes. She suffered a slight pigment change on her dark skin, although with time that change improved and became less noticeable. The burns healed without complication. Minimal scarring remained.

During negotiations, the School District was relying upon a statute that they claimed provided full immunity due to the cost of insurance. At the same time, the statute was being challenged in the appellate courts in a different case. Denise Fullerton convinced the District that the statute was going to be defeated, and that they had to accept liability for her client’s injuries. As a result, she was able to secure a $20,000 settlement for her young client.


Click here for more of Denise Fullerton's successes, or Contact us today for your free consultation!


THOMAS R. BENNEROTTE

• BENNEROTTE SECURES SETTLEMENT FOR CLIENT FOUND WITH SURGICAL SPONGE IN HER ABDOMEN

A 68-year old female ("Mrs. X") underwent an abdominoperineal resection for rectal cancer on January 11, 2005.  She was discharged home five days after the surgery.  After getting home, she experienced nausea and vomiting and was unable to keep anything down other than ice chips.  On January 18, 2005, Mrs. X returned to the hospital where her surgery had been completed.  She was re-admitted and underwent an exploratory surgery in an attempt to determine the cause of her nausea and vomiting.  The surgery revealed a retained surgical sponge from the January 11, 2005, surgery.  Mrs. X was hospitalized for nine days following the second surgery.  Mrs. X required in-home health care after discharge.  The defendant hospital contested whether any of Mrs. X's complications after the second surgery were the result of the retained sponge or simply resultant from the original cancer surgery.  The case was settled for $50,000 and, in addition, the hospital paid all of Mrs. X's medical expenses associated with the second surgery and all care that occurred after January 18, 2005.

• CLIENT WITH DENTAL MALPRACTICE SUIT GETS ALL MEDICAL EXPENSES PAID

A 17-year old male and his mother sought our help in a dental malpractice case involving the delay in diagnosis and treatment of impacted teeth.  The young man had received dental care from the same dentist for several years.  It was not until he changed dentists, in 2005, that his condition was diagnosed and treated.  In reviewing past x-rays, it was determined that as early as 2002, his prior dentist should have seen that the young man had impacted teeth.  Diagnosis at that time, would have allowed for a referral to a specialist for treatment.  Due to the delay in care, the young man developed cysts around the impacted teeth.  The cysts that developed caused a significant thinning of the mandible.  Ultimately, after the impacted teeth were diagnosed, the young man was referred to an oral surgeon.  Surgery was completed.  Following surgery, the young man had a significantly restricted diet.  In meetings with the treating oral surgeon, it was determined that while earlier diagnosis should have been made the treatment that the young man received was substantially similar to what he ultimately received.  While that was the case, we were able to secure a settlement of $20,000 and the provider agreed to pay all of the young man's dental expenses associated with the surgery and subsequent treatment.  The total amount paid, including medical expenses was over $30,000.

• TOM BENNEROTTE SECURES SETTLEMENT OF OVER $35,000 TO COMPENSATE CLIENT INVOLVED IN MOTOR
   VEHICLE ACCIDENT.

A 52-year old female was involved in a motor vehicle collision on August 11, 2005.  She was a back seat passenger in a care driven by her daughter.  Her daughter was deemed the at-fault party.  The involved insurance carriers contended that the impact from the collision, which was termed a "side swipe" collision, was minimal and that there was no way that injuries could have been suffered in the collision.  The insurer took the position that they would not pay anything in the case.  The involved insurer had both the no-fault and liability insurance.  Ultimately, after no-fault arbitration, the insurer settled the liability claim for $15,000.  Including no-fault benefits, the insurer paid out over $35,000 to compensate our client for her injuries.

• CLIENT OBTAINS $200,000 SETTLEMENT FROM INVOLVED INSURERS

A 49-year old female was involved in a head-on collision on December 16, 2004.  The other party was deemed at fault.  The client suffered multiple injuries in the collision; the most severe injury being a high heel fracture.  The client underwent multiple surgeries on the right heel.  She returned to her regular full-time employment and was also able to resume her part-time job.  Since she resumed most of her normal activities within a short time after the collision, the involved insurers resisted adequately compensating her.  After obtaining reports from the involved treating physicians, serving a lawsuit and undertaking extensive negotiations, the insurers agreed to pay the client the policy limits of $200,000 to resolve her claim.

• BENNEROTTE SECURES SETTLEMENT FOR SLIP-AND-FALL CASE

A 49-year old man sustained a fractured left wrist on January 20, 2002, when he slipped and fell on ice.  The fracture required surgical intervention, but healed nicely.  The involved defendant and their insurance company contested liability and claimed that the fall was caused by our client's failure to maintain a proper lookout and that they properly salted/sanded the area where the client fell.  After obtaining witness statements and weather reports, we were able to achieve a settlement of $85,000 for the injured client. 

Contact us today for your free consultation!


SHARON R. OSBORN
 
• SHARON OSBORN PREVAILS IN DUI IMPLIED CONSENT CHALLENGE

On November 30, 2006, Sharon Osborn prevailed in an implied consent trial in Hennepin County. She convinced the Judge to reinstate her client’s driver’s license stemming from a DUI arrest. At the civil Implied Consent (license revocation) hearing, Osborn argued that the her client’s Constitutional Due Process rights were violated because his implied consent hearing was held outside the 60 day time-frame outlined in Fedziuk v. Commissioner of Public Safety, 696 NW 2d 340 (Minn. 2005). The Hennepin County Judge agreed with Osborn’s position and found that the state had violated the client’s Rights to Due Process – resulting in a rescission of the driver’s license revocation.

• OSBORN WINS DWI CASE

As in every DWI case, a person must win two cases in order to walk away without coviction/revocation on their record – the civil and criminal case. At Ramsay and Devore, the attorneys zealously defend persons in the criminal case and aggressively assert their rights in the civil case.

In a recent DWI case, Sharon Osborn won in the civil case when a Dakota County Judge rescinded the revocation of Osborn’s clients driving privileges. As a result, the arrest, breath test result and license revocation were all deleted from her client’s driving record.

Knowing that a win in the civil case was not the end of the fight, Osborn then moved forward with a zealous defense in the criminal case. Using the civil discovery rules, Osborn inundated the prosecutor with Motions to exclude certain evidence, Motions to determine the admissibility of exhibits and other evidence, and a Request for Production of Document. Osborn then retained a forensic scientist to attack the the state’s alcohol breath test results. On the day of trial Osborn was ready to move forward. The prosecutor then offered to amend the charge from Gross Misdemeanor DWI, to a charge of Careless Driving. Osborn’s client accepted the offer.

Thus, the case was "won." Osborn’s client was not convicted of a DWI in the criminal case, nor did the revocation stand in the civil case.

• SHARON OSBORN SECURES RETURN OF FORFEITED VEHICLE

On November 25, 2006, Ms. Osborn secured the return of her client’s 2001 GMC pick-up truck. The Washington County Sheriff had seized the vehicle for forfeiture under Minnesota’s DWI forfeiture law. Believing the vehicle was not subject to forfeiture under the "innocent owner" exception, Osborn took the offensive. Using the civil discovery rules, she inundated the prosecutor with Requests for Production of Documents, Requests for Admissions and Interrogatories.

After receipt of this paperwork, the prosecutor called Osborn and agreed to return the vehicle. Osborn was able also to secure the return of the vehicle to the client with minimal costs, the client had to pay the initial towing charges, there were no storage fees.

If you have been accused of a DWI or DUI and your car, boat or motorcycle has been seized for forfeiture, call Sharon Osborn immediately. If you fail to file certain documents within 30 days, you will likely be unable to have your vehicle returned.

• OSBORN ACQUIRES EXPUNGEMENT OF FIRST DEGREE CRIMINAL SEXUAL CONDUCT CHARGE

Osborn was successful in getting a 1^st degree Criminal Sexual Conduct charge and arrest expunged from her client’s criminal record. At the November 16, 2006 expungement hearing, Osborn convinced the Anoka County District Court that her client’s criminal records should be expunged. Also, Osborn argued that all government agencies holding a record of the offense seal all files and records relating to the alleged offenses, and refrain from disclosing or revealing the contents thereof. The Anoka County Judge agreed with Osborn’s position and on November 16, 2006 issued an order granting the judicial and administrative expungement.

• SHARON OSBORN PROCURES RETURN OF PROPERTY