Fighting for Their Clients Nationwide
The attorneys of Boyle Brasher LLC have successfully handled thousands of cases on behalf of the firm's clients. The following are a sampling of the firm's Notable Cases listed by individual attorney.
To locate an individual attorney's notable cases, please click on a name or scroll down.
Richard E. Boyle 
Belleville, Illinois
Phone: 618-277-9000 Ext. 218
Fax: 618-277-4594
E-mail: rboyle@boylebrasher.com
Learn more about Mr. Boyle by clicking here
Plaintiff v. Aircraft Manufacturer. United States District Court for the Southern District of Illinois. Products Liability. Mr. Boyle defended an aircraft manufacturer in a products liability jury trial in a lawsuit brought by a pilot and his four children. A verdict was returned for Mr. Boyle's client.
Plaintiff v. Cigarette Manufacturer. Circuit Court of St. Clair County, Illinois. Tobacco liability. Mr. Boyle participated as trial counsel for a large cigarette manufacturer in a lengthy lung cancer trial that resulted in a verdict in favor of the cigarette manufacturer.
Plaintiff v. Physician, Circuit Court of St. Clair County, Illinois. Medical Malpractice. Mr. Boyle obtained a jury verdict in favor of an ophthalmologist in a medical malpractice suit that involved an unsuccessful cataract operation.
Plaintiff v. Manufacturer. United States District Court for the Southern District of Illinois. Mr. Boyle successfully defended a chemical manufacturer in a suit by a plaintiff who lost both of his eyes.
Plaintiff v. Railroad. Illinois Supreme Court. While defending a case on behalf of a railroad client Mr. Boyle's client took an appeal to the Illinois Supreme Court. Mr. Boyle briefed and argued the case on behalf of his client in the Illinois Supreme Court and obtained an opinion from the Court that eliminated "the nature, extent and duration" of an injury from the Illinois Pattern Jury Instructions as a separate element of damages for which a plaintiff can recover.
Plaintiff v Railroad. Illinois Supreme Court. FELA. Plaintiff employee of a railroad sued his employer in an FELA case in the Circuit Court of Madison County, Illinois when the defendant did not conduct its usual and customary business activities in Madison County. Mr. Boyle argued that the case should be transferred to another Circuit Court but the trial court denied the motion. The case was appealed to the Illinois Supreme Court, and Mr. Boyle briefed and argued the case on behalf of the railroad. The Illinois Supreme Court issued an opinion in support of the position taken by Mr. Boyle's client and ruled that "doing business" in Illinois is a more stringent standard for venue than for jurisdiction. This ruling remains a case of major precedential value in Illinois courts with regards to whether a venue is appropriate.
Plaintiff v. Construction Company. Circuit Court of Madison County, Illinois. Construction Company liability. Mr. Boyle successfully defended a major construction company in a suit for mold exposure arising from a large building project.
Plaintiff v. Attorney. United States Court of Appeals for the Seventh Circuit. Legal Malpractice. Mr. Boyle briefed, argued and successfully obtained an opinion from the Seventh Circuit Court of Appeals to limit the damages in a legal malpractice case to the collectability of the underlying judgment.
William A. Brasher 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 216
Fax: 618-621-1088
E-mail: wbrasher@boylebrasher.com
Learn more about Mr. Brasher by clicking here
Riverboat Casino v. City. Mr. Brasher successfully challenged a city ordinance prohibiting political contributions by casinos or their officers or shareholders as invalid under the state constitution and state campaign finance disclosure law protecting fundamental constitutional rights.
Hospital Corporation v. County. Atlanta Georgia. Reimbursement for Hospital treatment from County Government. Mr. Brasher with Dave Donahue represented a national hospital corporation that sought reimbursement from a county government of medical bills incurred by the county for treatment of individuals in custody in the county jail. Boyle Brasher LLC successfully obtained a significant six figure reimbursement for its client from the county. The county had declined responsibility for the prisoner hospital charges. Thorough investigation by Mr. Brasher and Mr. Donahue and aggressive negotiations with a serious threat of litigation prompted the county to negotiate payment.
Surviving Parents/Wrongful Death Plaintiffs v. Railroad. U.S. District Court Eastern District of Missouri. Early morning trespass by plaintiffs, adult son on the railroad's right of way. The trespasser was struck and killed by a train. Plaintiffs' asserted the railroad negligently allowed residents to traverse its tracks, failed to fence the right of way, failed to provide warnings, and failed to patrol the right of way in congested areas. Through aggressive early pre-discovery investigation Mr. Brasher and Cindy Masterson of Boyle Brasher LLC established that the trespasser was intoxicated, that he had been sitting between the rails of the track prior to being struck, and that he had been drinking before the accident at a bar owned by his parents, the plaintiffs. After these facts were disclosed to plaintiffs' counsel, the case was voluntarily dismissed with prejudice at a very early stage with no payments of any kind by the defendant railroad to plaintiffs.
Client v. Multiple Excess Insurance Companies. Mr. Brasher was lead counsel in lawsuit against several excess insurance companies on behalf of a corporate client to recover settlements paid to plaintiffs in underlying lawsuits against the corporation. Insurance companies confronted with antitrust and related claims capitulated and settled which resulted in the recovery of approximately $50 million for the client.
Client v. Multiple Excess Insurance Companies. In another lawsuit filed on behalf of a corporate client to recover payment of monies paid in connection with environmental cleanup costs including problems caused by tenants, Mr. Brasher was successful in recovering millions of dollars from insurers who provided occurrence coverage for such losses but initially denied such claims.
Client v. Multiple Excess Insurance Companies. Mr. Brasher has also been involved in other excess insurance litigation on behalf of a corporate client in which the client sought to recover monies paid to employees with asbestos and hearing loss claims. These cases resulted in the recovery of very significant sums for the client.
Multiple Plaintiffs v. Multiple Railroads. Mr. Brasher has been a pioneer in the development of the federal preemption defense in which Mr. Brasher's clients have been successful in establishing that federal law preempts cases in which a federal statute covers a particular subject matter which forms the basis for plaintiff injury claim, and in which the defendant has complied with the applicable federal law. Plaintiffs' claims are preempted or precluded. Mr. Brasher has been involved in the development of this defense through his writings and assistance in many cases in which this issue was raised before state and federal courts, including various U.S. Courts of Appeal and the U.S. Supreme Court.
Corporation v. State Department of Revenue. Mr. Brasher's corporate client challenged a state's assessment of taxes, interest and penalties for failure to pay use taxes on certain maintenance equipment used in interstate commerce. Before the Missouri Supreme Court Mr. Brasher successfully argued that the tax was wrongly imposed. The Missouri Supreme Court reversed a ruling against Mr. Brasher's client, overruled a decision by the Missouri Department of Revenue and ordered that all taxes, interest and penalties be reimbursed to the corporation.
Plaintiff v. Corporation. Plaintiff's claim for damages was dismissed for failure to assert a counterclaim against a corporation represented by Mr. Brasher in a prior case involving the same parties. The court reaffirmed that all claims arising our of the same incident must be pursued in the same action. The appellate court affirmed the dismissal of the case against Boyle Brasher LLC's client.
Corporation v. Motor Carrier. Corporation sued motor carrier represented by Mr. Brasher for breach of contract and antitrust violations arising out of a failed purchase of a trucking company. Following a two week trial in state court in Indiana, a jury returned a verdict in favor of Mr. Brasher's client, the motor carrier.
Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Plaintiff sued railroad represented by Mr. Brasher for hearing loss sustained as a result of noise exposure from train operations. Following a week trial in the City of St. Louis, a jury returned a verdict for Mr. Brasher's client.
Corporation v. Elevator Company. Mr. Brasher successfully represented a corporation in arbitration proceeding.
Thomas R. Peters 
Belleville, Illinois
Phone: 618-277-9000 Ext. 244
Fax: 618-277-4594
E-mail: tpeters@boylebrasher.com
Learn more about Mr. Peters by clicking here
Plaintiff Estate v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. Wrongful death case. Plaintiff's decedent was an employee of a grain company who was fatally injured while moving grain cars. Mr. Peters and Ms. Reifers of Boyle Brasher LLC represented a railroad in the jury trial of this case. The railroad dropped off empty cars and picked up loaded cars at the grain company, but was not present at the time of the incident. The grain company instructed its employees including the deceased to move empty railcars with a front-end loader so the cars could be loaded with grain. During the movement, the decedent fell from one of the railcars and was fatally injured. Among other theories, Plaintiff argued that the railcars were defective in violation of the Federal Safety Appliance Act. Following a jury trial, the jury entered a verdict in favor of the railroad finding that the railroad was not at fault.
Plaintiff v. Railroad. Mr. Peters tried this wrongful death claim in Jackson, Tennessee in 2010. It involved a traumatic, fatal accident. Mr. Peters successfully obtained a verdict in favor of the defendant.
Plaintiff v. Manufacturer/Railroad Defendants. Mr. Peters successfully represented his railroad client in a case involving a plaintiff who suffered from mesothelioma as a result of exposure to asbestos. Mr. Peters obtained a verdict on behalf of his railroad defendant. The plaintiff received a verdict in excess of $21 million against the remaining defendants.
Plaintiff v. Manufacturer/Railroad Defendants. Mr. Peters successfully represented a railroad in another case involving a plaintiff who suffered from mesothelioma as a result of exposure to asbestos. Mr. Peters obtained a verdict on behalf of his defendant railroad. The plaintiff received a verdict in excess of $1 million against the other defendants.
Plaintiff v. Manufacturer/Railroad Defendants. Mr. Peters successfully represented a railroad in a case involving a plaintiff suffering from mesothelioma as a result of exposure to asbestos. Mr. Peters obtained a verdict on behalf of the Railroad. The plaintiff received a verdict of $74 million against remaining defendants.
Plaintiff v. Manufacturer/Railroad Defendant. Mr. Peters has tried other mesothelioma cases in which he obtained a jury verdict for his clients while verdicts for Plaintiff were in excess of $1 million and entered against the remaining defendants.
Charles J. Swartwout 
Belleville, Illinois
Phone: 618-277-9000 Ext. 221
Fax: 618-277-4594
E-mail: cswartwout@boylebrasher.com
Learn more about Mr. Swartwout by clicking here
Moore v. Railroad. November, 2008 . Mr. Swartwout secured a defense verdict in favor of a sole defendant class I railroad in this case involving the traumatic loss of plaintiff's leg and a portion of his torso caused by the plaintiff being coupled by a railroad car. Plaintiff's wife sought claims for loss of consortium and economic losses. This case was tried to a jury in Madison County, Illinois.
Jones v. Railroad. July, 2008. Mr. Swartwout was involved in obtaining a defense verdict on behalf of a sole defendant railroad in a crossbucks only grade crossing accident. Plaintiff's husband suffered catastrophic brain damage and plaintiff's wife claimed loss of consortium and income loss. Following a lengthy trial in the Federal Court of the Western District of Tennessee, the jury returned a verdict in favor of the railroad.
Steinsultz v. Physician. Mr. Swartwout defended an orthopedic surgeon in a multiple count and multiple surgery case tried to a jury in Saline County, Illinois. Plaintiff claimed medical malpractice occurred in the surgical treatment and care of a tibia fracture, ankle fracture and wrist fracture. Mr. Swartwout secured a defense verdict on behalf of the orthopedic surgeon on all counts.
Patient v. Physician. January 2009. Mr. Swartwout secured a dismissal prior to trial without payment of any settlement for a gastroenterologist who allegedly allowed cancer which otherwise would have been treatable to metastasize to other organs of the body. Plaintiff's allegations included failure to properly perform the colonoscopy and failure to follow appropriate guidelines, treatment and testing for symptomatology indicative of colon cancer.
Coleman v. Hospital. Mr. Swartwout obtained the dismissal in this obstetrical case (brain damaged infant) for a hospital that had been sued for alleged negligence of the hospital administration and the hospital staff as well as negligence of a doctor who had privileges at the hospital. After obtaining the hospital's dismissal on all counts, without payment of any settlement, the case went to trial against the co-defendant, resulting in a $19.4 million dollar verdict.
Roland v. Hospital. Mr. Swartwout obtained the dismissal of his client hospital in this catastrophic brain injury birthing case.
Leonard v. Nursing Home. Mr. Swartwout represented a nursing home in this wrongful death case tried to a jury in Montgomery County, Illinois. Plaintiff alleged that plaintiff's decedent was caused to suffer a comminuted fracture of her femur and subsequent death as a result of the nursing home resident being dropped by a nurse during a patient lift which required, by the nursing home's own rule, the involvement of two nurses. A defense verdict was obtained from the jury.
Peach v. Defendant. Plaintiff alleged cervical disc herniations and lumbar disc herniations as a result of defendant's failure to provide a safe place to work and to use safe work practices. Plaintiff had orthopedic surgery with multiple vertebral fusions. The case was tried to a jury in Madison County, Illinois and a defense verdict was obtained.
Hughes v. Railroad. Plaintiff alleged catastrophic brain injury in this Federal Employers' Liability Act case. During the course of his duties, plaintiff alleged that he was riding on a box car and was struck in the head by a piece of equipment when passing railroad cars on an adjoining track. Prior to jury selection, the Court ruled that the case should go to the jury on damages only. After a one and a half week jury trial, the jury was only out for three hours prior to the Court declaring a hung jury.
Estate v. Physician. Mr. Swartwout and his partner co-tried this wrongful death case on behalf of an ENT physician who had removed a patient's nasal polyps. The pathology subsequently showed that brain tissue had been removed. Plaintiff's estate sought damages for the death of a 26-year-old wife and mother of two. Plaintiff's experts faulted the sole defendant physician for allegedly rupturing the plaintiff's decedent's cribiform plate. The plaintiff's decedent's medical records revealed that the decedent had suffered from meningitis on at least two occasions. Plaintiff's experts discounted any significance of the meningitis. Mr. Swartwout was aware that meningitis was an indicator of communication between the brain and the outside world. Mr. Swartwout dug deep into the plaintiff's decedent's records and discovered that as a child she had been running with a toy arrow and had fallen, causing the toy arrow to go up her nose. Subsequently, Mr. Swartwout hired a highly qualified pathologist who was able to date the growth of the nasal epithelium to the meninges which, when subtracted from her age, matched the year in which she had fallen on the toy arrow. The expert pathologist was able to discern that the arrow had ruptured the cribiform plate and that over time the brain had diseased down through the cribiform plate and grown into the nasal epithelium. During trial, plaintiff's experts then attempted to fault Mr. Swartwout's client for failure to conduct an MRI prior to removal of the nasal polyps and for failure to recognize the historical import of two prior bouts of meningitis. In his pre-trial workup, Mr. Swartwout had obtained the MRIs taken at the time of the two separate historical bouts of meningitis and had obtained an ENT expert to prove to the jury, frame by frame, that neither MRI was sensitive enough to show the defect in the cribiform plate. The jury could not reach a verdict for the plaintiff at the conclusion of a lengthy trial and the matter was subsequently resolved for nuisance value.
Kenneth Halvachs 
Belleville, Illinois
Phone: 618-277-9000 Ext. 210
Fax: 618-277-4594
E-mail me: khalvachs@boylebrasher.com
Learn more about Mr. Halvachs by clicking here
Plaintiff v. Company. Product liability. Circuit Court of St. Clair County, Illinois. Plaintiff injured in mine accident. Product was a High Voltage Power Center. Plaintiff received a severe electric shock when he placed his head close to an energized Power Center. Plaintiff had very severe burst to the head. He claimed over $200,000.00 in medical expenses and that he was unable to return to work in the mine. Plaintiff underwent several surgeries to reconstruct the top of head. Mr. Halvachs tried the case on behalf of his corporate client, and the jury returned a verdict for Mr. Halvach's client.
Plaintiff vs. Electric Utility Company. Circuit Court of Randolph County, Illinois. Plaintiff was killed while talking on the phone in a lightning storm. Plaintiff sued the telephone company and the telephone company in turn sued Mr. Halvach's client, the power company, and an electrical contractor who had been working on plaintiff's house. Plaintiff's theory was that the phone company lines and electric lines should be commonly bonded. The jury returned a verdict for the power company, Mr. Halvach's client. The jury returned a $1 million verdict for the plaintiff against the remaining defendants.
Plaintiff v. Farm Owner. Circuit Court of Monroe County, Illinois. Plaintiff claimed that defendant represented by Mr. Halvachs polluted his lake. Plaintiff sought $1 million dollars in reclamation costs and loss of use. The jury returned its verdict for Mr. Halvach's client.
Hunters Association v. Company. Circuit Court of Clinton County, Carlyle, Illinois. Plaintiff claimed that defendant, represented by Mr. Halvachs, wrongfully cut down trees on its property. Plaintiff claimed $500,000.00 for value of trees and $250,000.00 for erosion repairs and loss of use of property. The jury returned a verdict for the defendant.
Plaintiff v. Defendant. Circuit Court of Madison County, Illinois. Plaintiff was rear-ended by defendant represented by Mr. Halvachs. Plaintiff claimed $60,000.00 in medical bills and inability to ever work again. Defense was plaintiff could not have been injured in low impact collision. Plaintiff asked the jury for $400,000.00. The jury returned with a defense verdict for Mr. Halvach's client.
Plaintiff v. Company. St. Louis County, Missouri. Mr. Halvachs defended a construction contract case. Plaintiff claimed a defect in construction causing water damage and resulting repairs and lost income. Plaintiff sued general contractor and general contractor sued sub-contractor who did work. Mr. Halvach's represented the sub-contractor who did the construction and was sued by the general contractor. Plaintiff's won a $750,000.00 verdict against the general contractor. The jury returned a defense verdict for the sub-contractor, Mr. Halvach's client.
Plaintiff v. Defendant. Circuit Court of Lincoln County, Missouri. Plaintiff suffered the loss of an eye when plaintiff was shot in the eye with a paintball gun fired by the insured defendant represented by Mr. Halvachs. Plaintiff claimed negligence and negligent supervision by parents. The jury returned a verdict for the defendant.
Plaintiff v. Trucking Company. U.S. District Court for the Eastern District of Missouri at St. Louis, Missouri. Wrongful death. While walking on the premises of a truck stop, plaintiff, a 40-year old truck driver, was struck from behind by the driver for another trucking company. Plaintiff was killed leaving his widow and five children ages 5 to 16. Mr. Halvachs was asked to assume the defense of the case one month before trial. Plaintiff and defendant entered into a $2 million to $5 million high low agreement to protect against a verdict that could have exceeded the $5 million insurance policy limits. The case was tried in Federal Court in the City of St. Louis. Although there was a verdict for the plaintiff as expected, it was for $1,950,000.00 after reduction for plaintiff's contributory negligence slightly below the lower amount in the high low agreement.
Memphis, Tennessee
Phone: 901-521-2860 Ext. 222
Fax: 901-521-2861
E-mail: creifers@boylebrasher.com
Learn more about Ms. Reifers by clicking here
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. Wrongful Death. The estate of a deceased grain company employee brought suit against a railroad defendant. The deceased was fatally injured while moving grain cars. Ms. Reifers and Mr. Peters of Boyle Brasher LLC represented and tried this case for the railroad defendant. The railroad dropped off empty cars and picked up loaded cars, but was not present during the incident. The grain company instructed the decedent and other grain company employees to move empty railcars with a front-end loader so that the cars could be loaded with grain. During the movement, the decedent fell from one of the railcars and was fatally injured. Among other theories, Plaintiff argued that the railcars were defective in violation of the Federal Safety Appliance Act. Following a jury trial, the jury entered a verdict for the defendant finding that the railroad was not at fault.
Plaintiff v Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the defendant railroad. The Plaintiff alleged cumulative trauma injuries to his knees and back as a result of his employment with the railroad for over three decades. During the jury trial, the defendant railroad was granted a directed verdict at the close of plaintiff's proof as to plaintiff's alleged back injuries. At the close of the entire case, the jury returned a defense verdict. More particularly, the jury found that the plaintiff had failed to file his claim within the three-year statute of limitations period with regard to his left knee and found that the railroad was not negligent with regard to the alleged injuries to his right knee.
Plaintiff v Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant. The plaintiff, who worked as a transportation clerk, alleged cumulative trauma injuries to his back which he claimed were caused by tasks he performed at work (e.g., lifting garbage bags and boxes of bottled water). After a hearing, the trial court granted the defendant's motion for summary judgment based on the plaintiff's failure to offer expert testimony by a medical physician or ergonomics expert within the time prescribed by the controlling scheduling order, and failure to offer evidence that his job tasks were unsafe or that the railroad was negligent.
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant. The plaintiff sued his railroad employer and alleged a hip injury which he claimed was caused by his work activities, including getting in and out of a high-rail truck. The defendant moved to exclude the plaintiff's medical causation expert based on the plaintiff's failure to timely disclose his opinions prior to trial. After the trial court granted the defendant's motion, the defendant moved for summary judgment based on plaintiff's inability to provide medical causation evidence to support his claims. The plaintiff offered no opposition to summary judgment which the trial court granted in favor of the railroad just days before a jury trial was set to begin.
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant. The plaintiff sued his railroad employer alleging cumulative trauma injuries to numerous parts of his body, including carpal tunnel syndrome, which he claimed were caused by repetitive tasks as a trackman over many years. The defendant moved for summary judgment pursuant to the FELA's 3-year statute of limitations based on the plaintiff's medical records and plaintiff's admissions concerning his injuries. Prior to the hearing on defendant's motion to dismiss, the plaintiff agreed to voluntarily dismiss the case with prejudice.
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant. The plaintiff railroad employee sued his railroad employer alleging traumatic and cumulative injuries to his back, shoulder, and knees. The defendant railroad moved for summary judgment based on the plaintiff's inability to present expert testimony on liability and causation, and, alternatively, based on the FELA statute of limitations. The trial court granted the defendant's motion and dismissed the case with prejudice.
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant. The plaintiff railroad employee sued his railroad employer and alleged a hand injury which he claimed occurred while working for the defendant railroad. At a jury trial, the defendant pointed to evidence that the plaintiff's injury was unrelated to his railroad work and that he had actually injured his hand at a previous job and aggravated it by an off duty incident. The jury found the plaintiff to be 75% at fault and awarded him no future lost earning capacity damages.
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant in a suit brought by a railroad employee. The defendant railroad renewed its motion to dismiss based on forum non conveniens after conducting thorough discovery. The defendant argued that Shelby County, Tennessee was not a proper forum because the plaintiff worked in Mississippi and Louisiana where the overwhelming majority of potential witnesses were located, and he had never received medical treatment in Tennessee. The trial court granted the motion and dismissed the case without prejudice.
Plaintiff v. Railroad. Circuit Court of Shelby County, Memphis, Tennessee. FELA. Ms. Reifers represented the railroad defendant. The defendant railroad moved for dismissal based on forum non conveniens in response to the plaintiff's claimed work-related injury which allegedly occurred in Mississippi. The defendant argued that the applicable law did not favor a Tennessee forum for the litigation based on the non-residency of both parties, the Mississippi locations of potential trial witnesses and plaintiff's medical providers, and other private and public interest factors. The trial court granted the defendant's motion and ordered that the case be dismissed without prejudice.
Richard M. Roessler 
Belleville, Illinois
Phone: 618-277-6000 Ext. 217
Fax: 618-277-4594
E-mail: rroessler@boylebrasher.com
Learn more about Mr. Roessler by clicking here
Salvage Company v. Railroad. Arbitration. Mr. Roessler and Boyle Brasher LLC represented the Railroad. A salvage company tried to recoup claimed losses from the railroad in this arbitration after removing a deck from a railroad bridge. The salvage company sought arbitration claiming it was entitled to increases in the cost of demolition allegedly caused by the railroad. After completing the project and being paid, the salvage company/claimant demanded that the Railroad reimburse it for alleged additional losses on the job. Following the hearing and legal submissions, the arbitrator decided in favor of Mr. Roessler's railroad client. The arbitrator adopted the entirety of the railroad's and Boyle Brasher LLC's position and wrote in his decision that acceptance of final payment, including the final waiver of all claims, liens or other demands by the salvage company, had the effect of the salvage company releasing its claim for additional losses against the Railroad.
Plaintiff v. Doctor. Medical Malpractice. Jury trial. Mr. Roessler defended a doctor. Plaintiff underwent a hysterectomy and developed a post-operative infection. Plaintiff was allergic to all normal antibiotics and was treated with a very potent antibiotic, chloromycetin. She developed aplastic anemia.. Aplastic anemia was a known risk of treating with chloromycetin. Mr. Roessler and Boyle Brasher LLC successfully defended the case on the basis that the risk of death from an untreated abdominal infection outweighed the risk that plaintiff would develop aplastic anemia as a result of Boyle Brasher LLC's client prescribing chloromycetin.
Plaintiff v. Doctor. Medical Malpractice. Jury trial. Mr. Roessler defended a pediatrician. An infant, six months of age, was treated by a pediatrician for a period of one week for a viral infection. The child developed symptoms of bacterial meningitis and was treated by another doctor. The child ended up without brain function and died at the age of 1-1/2 years. Mr. Roessler and Boyle Brasher LLC defended this case on the basis that viral infections often precede the development of meningitis and that there is nothing that the pediatrician could have done to predict that the child would develop bacterial meningitis or prevent this from occurring. This resulted in a verdict for Mr. Roessler's client.
Plaintiff v. Medical Laboratory. Medical Malpractice. Jury trial. Plaintiff filed suit against a medical laboratory represented by Mr. Roessler and Boyle Brasher LLC and a pathologist who contracted services with Boyle Brasher LLC's client. Plaintiff alleged that defendants misdiagnosed cancer resulting in unnecessary surgery, resulting in permanent disability. Plaintiff retained the chief of pathology of a major hospital who testified that the biopsy had been misdiagnosed as cancer. Mr. Roessler retained a pathologist from a major teaching hospital as an expert who testified that the biopsy showed cancer and the surgery was necessary. The jury returned a verdict in favor of all defendants.
Plaintiff v. Doctor. Medical Malpractice. Jury trial. Mr. Roessler and Boyle Brasher LLC represented an orthopedic surgeon. Plaintiff alleged that the orthopedic surgeon negligently reduced a fracture of the left tibia and fibula resulting in a permanent leg deformity and defect. The medical expert located, retained and prepared by Mr. Roessler and testified that the orthopedic surgeon met the standard of care in performing the surgical reduction of the fractures. This resulted in a defendant's verdict on behalf of Boyle Brasher LLC's client.
Plaintiff v. Railroad. Retaliatory Discharge case. Mr. Roessler represented the defendant railroad. The defendant obtained a dismissal of the retaliatory discharge case in the trial court on the basis that it was a minor dispute and preempted by the Railway Labor Act. This case was affirmed by the Seventh Circuit Court of Appeals and certiorari was denied by the U.S. Supreme Court.
Plaintiff v. Surgeon. Medical Malpractice. Mr. Roessler defended a surgeon who performed vascular surgery on plaintiff's leg. Complications resulted in amputation of the leg. Mr. Roessler located and presented the testimony of a highly qualified and respected vascular surgeon that the procedure met accepted standards and the complication was a result of a blockage which could not be corrected. This resulted in a defendant's verdict for the vascular surgeon.
Plaintiff v. Surgeon. Medical malpractice. Mr. Roessler represented a plastic surgeon who performed an excision of a cyst resulting in a post-operative infection. Expert testimony from a nationally known plastic surgeon was presented that this was a complication which could occur no matter how carefully the surgery was performed, which resulted in a defendant's verdict for Mr. Roessler's client.
Plaintiff v. OB-GYN. Medical malpractice. Mr. Roessler represented an ob-gyn who had performed a third degree episiotomy during the delivery of Plaintiff's child. This resulted in the complication of a fistula. A local ob-gyn testified on behalf of the defendant that the fistula was caused by post-operative infection due to plaintiff's failure to follow instructions. This resulted in a defendant's verdict.
Plaintiff v. Doctor. Medical malpractice. Plaintiff (a minor) developed pneumococcal bacterial meningitis. Suit was filed against Mr. Roessler's client, a doctor who treated the child for a pre-existing viral infection. The child suffered profound deafness as a result of the pneumococcal bacterial meningitis. Plaintiff tried to contend that the child had cognitive problems which was disputed. Multiple defendants had experts, pediatric neurologists, who testified that the defendants met the standard of care in their care and treatment of the child, which resulted in a defense verdict.
Plaintiff v. Doctor. Medical malpractice. Plaintiff filed suit against the defendant (ob-gyn) represented by Mr. Roessler alleging negligent performance of a tubal ligation resulting in an unwanted pregnancy. Mr. Roessler presented expert testimony from a well known ob-gyn from a nationally-ranked medical school who testified that no matter how carefully a tubal ligation is performed, a certain percentage of cases will result in patency of the fallopian tubes and unwanted pregnancy. The jury returned a verdict in favor of Mr. Roessler's client, the defendant ob-gyn.
Plaintiff v. Doctor. Medical Malpractice. Mr. Roessler's client, a urologist, performed prostate surgery which resulted in a post-operative infection and sepsis causing plaintiff's death. Expert testimony was presented that the urologist met all accepted medical standards and that the risk of infection existed no matter how carefully the prostate surgery was performed. The jury returned a verdict in favor of the doctor/defendant.
Plaintiff v. Doctor. Medical malpractice. Plaintiff alleged that defendant, a radiologist failed to diagnose a calcified disc resulting in permanent disability. Mr. Roessler presented expert testimony refuting these allegations resulting in a defendant's verdict.
Plaintiff v. Surgeon. Medical malpractice. Mr. Roessler's client, a general surgeon, performed hernia surgery on a patient who died of a heart attack during the surgery. Plaintiff contended that the surgeon should have had a cardiologist examine the patient before performing the surgery. Plaintiff had a history of high blood pressure but no history of heart disease. Mr. Roessler presented evidence that the plaintiff was examined by the anesthesiologist and that the surgeon had met the standard of care in the examination that he performed. This resulted in a defendant's verdict for Mr. Roessler's client.
Plaintiff v. Doctor. Medical malpractice. Plaintiff alleged that Mr. Roessler's client, a general practitioner, failed to diagnose acute appendicitis and failed to refer plaintiff to a surgeon. Mr. Roessler was able to develop the facts from the surgeon that the appendix was not involved in the case and that the patient developed sepsis resulting in death. The jury returned a verdict in favor of defendant.
Plaintiff v. Doctor. Medical malpractice. Mr. Roessler's client, an ob-gyn, performed a c-section resulting in a post-operative infection which led to her death. The defense expert witness testified that the patient developed thrombocytopenia to the extent that it was untreatable. There was testimony that the ob-gyn client met the accepted standard of care. This resulted in a verdict for Mr. Roessler's client, the ob-gyn.
St. Louis, Missouri
Phone: 314-621-7700 Ext. 220
Fax: 314-621-1088
E-mail: rnash@boylebrasher.com
Learn more about Mr. Nash by clicking here
Employee Plaintiff v. Railroad. October, 2010. FELA jury trial. Circuit Court of Madison County, Illinois. Mr. Nash tried this case for the defendant railroad. Plaintiff suffered a ruptured disc in his lower back as a result of an on the job injury. Plaintiff alleged he was negligently assigned to do work heavier than he was capable of doing following a previous back injury. Plaintiff had disc surgery following the second injury, and his surgeon testified that he was permanently disabled from railroad work. The railroad defendant successfully countered that plaintiff had not been negligently assigned to work after the second injury and that he had been cleared by his personal physician to return to full duty. The jury returned a not guilty verdict in favor of the defendant railroad; the trial court denied plaintiff's post trial motion; and there was no appeal.
Plaintiff's Automobile Driver and Passenger v. Truck Company and Driver. Circuit Court of Madison County, Illinois. Early morning collision between speeding sports car and the trailer of a tractor trailer rig on a public street as the tractor trailer backed out of a logistics company driveway. The estate of the sports car driver killed in the accident and the surviving passenger who suffered severe spinal injuries with quadriplegia jointly sued the trucking company and the truck driver. Mr. Brasher and Mr. Nash of Boyle Brasher LLC represented the trucking company and the truck driver. Aggressive investigation and discovery turned the case from one in which plaintiff's' exclusive targets were the trucking company and its driver to one in which Boyle Brasher LLC was able to establish the liability of the logistics company. Through the use of the deceased sports car driver's cell phone records, eyewitness testimony, and expert testimony Boyle Brasher LLC was able to develop evidence that the deceased automobile driver had been involved in a cell phone call seconds prior to impact and had been operating the sports car at an excessive speed. After several highly contested preliminary court hearings, the case was resolved at levels far below plaintiffs' expectations with significant settlement contributions from the logistics company and the sports car driver's insurer.
Plaintiff v. Trucking Company and Truck Driver. Circuit Court of City of St. Louis, Missouri. Mr. Nash represented the defendant trucking company and driver. Traveling at the speed limit or higher on an interstate highway, defendant trucking company's tractor trailer rear ended plaintiff who was operating a Missouri Department of Transportation truck at slow speed protecting the work of a patching crew ahead of him. Plaintiff's MoDot truck had large flashing yellow warning arrows pointing towards the rear that should have warned defendant's driver. Plaintiff sustained multiple injuries that at first appeared to be very significant. Mr. Nash was able to establish through vigorous investigation and discovery that plaintiff had been involved in several prior collisions in which he had sustained injuries very similar to those claimed in this case. Boyle Brasher LLC was also able to collect information that the injuries and disability plaintiff sustained in this collision which appeared to be significant were not as severe as claimed. The case was settled after mediation for an amount significantly below what was initially anticipated.
Employee Plaintiff v. Railroad. Circuit Court of Cook County, Illinois. FELA. Mr. Nash represented the defendant railroad. Prior to picking the jury Mr. Nash was able to obtain several favorable rulings for his client on motions in limine which eliminated key aspects of plaintiff's liability and damages claims. The case was settled prior to jury selection for the railroad's initial and unchanged offer.
Plaintiff Estate v. Railroad. Circuit Court of Madison County, Illinois. Vehicular collision involving two automobiles at a public highway intersection located near the defendant railroad's mainline track. Mr. Nash represented the defendant railroad. Plaintiff's decedent, a high school student, was a passenger in one of the automobiles and died in the collision. The student's estate sued the railroad alleging that the railroad had negligently caused the accident by delaying the installation of traffic signals at the intersection. The estate alleged that the railroad negligently delayed the installation of the traffic signals by failing to cooperate in a timely manner with the Illinois Commerce Commission which had jurisdiction to approve installation of the traffic signals. The Circuit Court of Madison County, Illinois granted summary judgment to Mr. Nash's railroad client. Affirmed on appeal.
Plaintiff Manufacturer v. Professional Engineering Firm. Circuit Court of St. Clair County, Illinois. Plaintiff corporation sued professional engineering firm for professional negligence arising out of the engineering firm's negligence in providing services as expert witnesses in an underlying lawsuit. Mr. Nash represented the engineering firm. Plaintiff claimed that St. Clair County was a proper venue and forum for the case as a result of depositions taken by telephone in the underlying lawsuit by an attorney located in St. Clair County from two of defendant's professional engineers who were located in an office in Cook County, Illinois when they were deposed. The trial court repeatedly denied Boyle Brasher LLC's motions to transfer the case to the Circuit Court of Cook County which were based upon improper venue and forum non conveniens. After Boyle Brasher LLC took multiple appeals to the intermediate appellate court and the Illinois Supreme Court to obtain transfer of the case away from St. Clair County, the case was ordered to be transferred to Cook County.
Mark Kurz 
Belleville, Illinois
Phone: 618-277-9000 Ext. 251
Fax: 618-277-4594
E-mail: mkurz@boylebrasher.com
Learn more about Mr. Kurz by clicking here
Plaintiff v. Manufacturer/Railroad Defendants. Circuit Court of McLean County, Illinois. FELA asbestos case. Mr. Kurz defended a railroad company in a lawsuit involving a claim of mesothelioma as a result of exposure to asbestos. The trial proceeded against four defendants and lasted a total of six weeks in Bloomington, Illinois. Mr. Kurz obtained a directed verdict on behalf of his railroad client at the close of plaintiff's evidence.
Plaintiff v. Manufacturer/Railroad Defendants. Mr. Kurz represented a railroad company in a lawsuit that involved a claim of mesothelioma as a result of exposure to asbestos. Four other defendants were involved in the trial. The railroad company received a verdict in its favor. A jury verdict in excess of $2.5 million was returned against several other defendants.
Plaintiff v. Manufacturer/Railroad Defendants. Mr. Kurz represented a railroad company in a case involving a claim of mesothelioma as a result of exposure to asbestos. Mr. Kurz' railroad client received a jury verdict in its favor. Plaintiff obtained a verdict in excess of $6 Million against the remaining defendants.
Plaintiff v. Railroad et al. Mr.Kurz represented several railroad defendants and railroad employees in a lawsuit that involved a railroad highway grade crossing accident with severe injuries to the plaintiff. After extensive discovery, Mr. Kurz obtained summary judgment on behalf of the defendant railroad and against plaintiff on the issue of sole proximate cause. The court determined that the fault for the accident rested exclusively with the plaintiff.
Various Plaintiffs v. Railroad. Mr. Kurz has obtained several voluntary dismissals and/or involuntary dismissals for occupational exposure claims brought against railroads based upon prior releases or statute of limitations.
James Bax 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 219
Fax: 314-621-1088
Email: jbax@boylebrasher.com
Learn more about Mr. Bax by clicking here
Employee Plaintiff v. Railroad. Circuit Court of Cook County, Illinois. FELA. Plaintiff claimed that he permanently injured his knee when he stepped on snow covered debris in Defendant's yard. Plaintiff had surgery on his knee and later developed blood clots in his leg necessitating the implantation of a filter in the vena cava. Mr. Bax represented the defendant railroad. After Mr. Bax obtained several favorable rulings on pretrial motions including the exclusion of plaintiff's expert witness, the case settled prior to jury selection for the amount that the defendant had offered a year earlier.
Plaintiff v. Railroad. Circuit Court of Fayette County, Illinois. Vehicle/train collision. Mr. Bax represented the defendant railroad. Plaintiff was backing up when her vehicle became stuck in a snow bank next to the railroad tracks and was struck by a passing train. Plaintiff suffered numerous injuries. She ultimately had a cervical spinal fusion. Plaintiff alleged that the railroad was negligent in not barricading its right of way. The jury returned a verdict of not guilty in favor of defendant.
Employee Plaintiff v. Defendant Railroad and Intermodal Company. Circuit Court of Cook County, Illinois. Employee claimed that defendants failed to properly protect a railroad crossing within the yard that allegedly led to a collision between plaintiff's vehicle and a train operating in the yard. Mr. Bax defended both the intermodal company and the railroad. After a six day jury trial the jury returned a defense verdict for the intermodal company and awarded an amount to plaintiff that was substantially less than the amount he demanded to settle the case.
Employee Plaintiff v. Railroad. Circuit Court of St. Clair County, Illinois. Mr. Bax represented the defendant railroad. Plaintiff, a carman, claimed he injured his back when he stepped into a hole in the floor of defendant's car shop while carrying an eighty pound object. Plaintiff suffered a herniated disc which required a lumbar fusion which failed to relieve any of plaintiff's pain. The case was tried to a jury. Evidence was introduced that the hole in the floor of the railroad's building had been present for nearly 20 years and that the defendant railroad had been aware of the hole for many years. Plaintiff claimed over eight hundred thousand dollars in lost wages. The jury returned a verdict for an amount substantially less than Plaintiff's lowest settlement demand.
Employee Plaintiff v. Railroad. Circuit Court of Cook County, Illinois. FELA. Employee was a conductor working for defendant railroad in its Chicago yard. Plaintiff claimed he was injured when the ground gave way beneath his feet during a switching operation injuring his ankle. Plaintiff had two surgeries to fuse different bones in his left foot. Mr. Bax defended the railroad by arguing a lack of notice and that plaintiff had failed to mitigate his damages. After a five day trial the jury returned a verdict for less than the amount the defendant railroad had offered to plaintiff to settle the case.
Thomas Bell 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 221
Fax: 314-621-1088
E-mail: tbell@boylebrasher.com
Learn more about Mr. Bell by clicking here
Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Obtained favorable trial result for railroad via City of St. Louis Circuit Court jury verdict in FELA cumulative trauma lawsuit. Plaintiff/Employee's pre-existing medical conditions, non work-related physical/medical factors, and prior injuries/releases were key issues presented that led to this very successful result.
Plaintiff v. Railroad. Tom tried this difficult liability and damages exposure case to jury verdict in the Circuit Court of St. Louis County, Missouri.
Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Obtained removal of cumulative trauma FELA railroad lawsuit from City of St. Louis Circuit Court, an unfavorable venue, via motion to transfer venue. Established that Plaintiff/ Employee first performed work alleged to have caused injury while working for railroad outside the City of St. Louis and that Plaintiff/Employee was not "first injured" in City of St. Louis as required by the Missouri venue statute.
Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Obtained favorable settlement for railroad in FELA lawsuit filed in City of St. Louis in which 22 year old Plaintiff/Employee allegedly slipped on oil and fell off of maintenance of way equipment and claimed neurological injuries and seizure disorder as a result of the fall. Boyle Brasher LLC exposed prior inconsistent statements, questionable biomechanics of alleged fall and prior medical issues which resulted in favorable result for client railroad in case in which plaintiff had sued for multi-millions of dollars in future lost wages.
Plaintiff v. Railroad. Circuit Court of St. Louis County, Missouri. FELA. Obtained favorable settlement for railroad after five days of jury trial in FELA cumulative trauma locomotive ride quality injury case brought by locomotive engineer. Although Plaintiff/Employee underwent two-level cervical fusion surgery, aggressive utilization of favorable track repair/maintenance records led Plaintiff to accept railroad's standing offer.
Delivery Person v. Auto Repair Facility. United States District Court for Eastern District of Missouri. Represented auto repair facility in personal injury claim brought by parts delivery person. Obtained court order limiting evidence of Plaintiff's medical bills to amounts actually paid instead of amounts billed.
Plaintiff v. Railroad. Obtained favorable settlement for railroad where minor pedestrian sustained amputated leg after being hit by train. Obtained favorable settlement for railroad where employee fatally injured when rail fell onto him from Maintenance of Way vehicle. Established contributory negligence arguments critical to both settlements.
Plaintiff v. Railroad. Grade Crossing case. Obtained favorable settlement for railroad where a minor driver operating an automobile collided with a train and claimed permanent brain damage as a result. Exposing the speculative medical diagnosis and questionable future damages as well as establishing Plaintiff's contributory negligence allowed an excellent settlement in a case in which the potential exposure was multiple millions of dollars.
Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Railroad's motion to dismiss based on forum non conveniens granted by St. Louis City Circuit Court in case in which the Plaintiff/Employee's alleged injury occurred out of state. Resulted in dismissal in unfavorable court.
Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Obtained favorable settlement for railroad client. Although Plaintiff/Employee sustained serious injury and underwent six (6) surgeries, Mr. Bell was able to get the case into a favorable posture by establishing plaintiff's own contributory negligence in causing the accident. The case was favorably settled for approximately 20% of plaintiff's lost wage claim.
Prisoner v. Prison. As co-counsel, obtained jury verdict for prisoner against prison personnel in 8th Amendment, cruel and unusual punishment, case in Eastern District of Missouri federal court. Jury found that macing prisoner through closed/locked door violated his rights. The case was challenging because it was difficult to present the client/inmate in a favorable light.
Individual v. Insurance Company. Circuit Court of Franklin County, Missouri. Property Insurance case. Won defense verdict in jury trial defending property insured against claim that his irrigation system had flooded a neighbor's property. Utilization of topographical data and water table charts through lay witnesses kept expenses down and established water flow would not have done damage claimed.
Driver v. Automobile Insurance Company. Circuit Court of City of St. Louis, Missouri. Automobile collision case. Retained by insurer to defend auto insured in motor vehicle accident case. Obtained jury verdict for insured driver that was 15% of pretrial offer. Carefully exposed Plaintiff/Pastor's medical care as unnecessary and unrelated to accident.
Andrew Corkery 
Belleville, Illinois
Phone: 618-277-9000 Ext. 219
Fax: 618-277-4594
E-mail: acorkery@boylebrasher.com
Learn more about Mr. Corkery by clicking here
Plaintiff v. Railroad. Circuit Court of Madison County, Illinois. Mr. Corkery was co-counsel with Charles Swartwout of Boyle Brasher LLC at trial. Plaintiff sustained a traumatic amputation of a leg and part of his torso as a result of being crushed between a railcar and a piece of machinery. Jury trial in Madison County Illinois. Plaintiff's counsel asked for 30 million dollars in closing argument. The jury returned a defense verdict, and Boyle Brasher LLC prevailed on post trial motions.
Hinkle v. Railroad. Circuit Court of the City of St. Louis, Missouri. Third Party trespasser claim against two railroads. Boyle Brasher LLC represented both defendant Railroads. The case involved a 13 year old boy who sustained a leg amputation while trespassing on the railroad's track. Through an indemnity agreement Mr. Corkery was one of the attorneys representing both railroads, the railroad that operated the train and the railroad on whose track the incident occurred. Mr. Corkery prepared and filed Motions for Summary Judgment for both railroads. In response to these motions plaintiff voluntarily dismissed his claims which resulted in a dismissal with prejudice of all claims against both railroads.
Plaintiffs v. Nursing Home. Mr. Corkery briefed appeals to the Illinois Court of Appeals and to the Illinois Supreme Court to protect a defense verdict obtained by Charles Swartwout of Boyle Brasher LLC. The case involved a wrongful death claim in which plaintiffs claimed that their decedent's death was the result of the decedent being dropped at a nursing home. The Appellate Court affirmed the verdict won by Boyle Brasher LLC, and the Supreme Court of Illinois denied plaintiff's petition for leave to appeal.
Plaintiff v. Doctor. Mr. Corkery prepared appellate briefs filed in the Illinois Court of Appeals and in the Illinois Supreme Court. The case (along with a companion case in another Illinois Court of Appeals) established that a plaintiff in a medical malpractice case is not entitled to an extension of the statutory time limit within which to file an affidavit (certificate of merit) in support of a claim after plaintiff takes a voluntary dismissal. The Appellate Court upheld the dismissal of the defendant doctor represented by Boyle Brasher LLC, and the Illinois Supreme Court denied plaintiff's petition for leave to appeal.
Plaintiff v. Railroad. Mr. Corkery was co-counsel with Charles Swartwout of Boyle Brasher LLC in this jury trial in the Circuit Court of Madison County, Illinois in which plaintiff alleged catastrophic brain injury as a result of hitting his head on a moving railcar. The trial court ruled that the case would be tried to the jury on damages only. The trial resulted in a hung jury, and the Railroad was subsequently able to negotiate a favorable settlement.
Vehicular Accident. In a jury trial resulting from a vehicular collision tried in the Circuit Court of St. Clair County, Illinois, Mr. Corkery obtained a directed verdict for the defendant at the close of evidence. The court granted the directed verdict based upon Boyle Brasher LLC's argument that another vehicle was the intervening superseding proximate cause of the accident.
Paul Littleton 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 214
Fax: 314-621-1088
E-mail: plittleton@boylebrasher.com
Learn more about Mr. Littleton by clicking here
Hospital Mediation. Boyle Brasher LLC represented three hospital clients against a major health insurance plan in a claim that involved the underpayment of hospital managed care claims. After lengthy aggressive negotiations by Boyle Brasher LLC on behalf of its hospital clients, the health plan agreed to pay a large six figure settlement to resolve the claims with hospitals.
Hospital Mediation. Boyle Brasher LLC represented a large healthcare provider that obtained reimbursement of a large settlement from a health insurance company for disputed transplant charges under a managed care contract.
Plaintiff Company v. Company Owner. Boyle Brasher LLC, representing the individual defendant, obtained a summary judgment for its client who owned a heavy equipment manufacturing company. Plaintiff's claim was that the owner should be held personally liable for significant six figure damages for a breach of contract caused by the owner's corporation. Mr. Littleton obtained dismissal of the claims against the corporation for violation of the state's Merchandising Practices Act and dismissal of conversion claims.
Manufacturing Company v. Corporate Defendant. Boyle Brasher LLC represented a corporate defendant in a state court action for damages in excess of $1 million. The case arose from the sale and delivery of industrial and specialty gases. Plaintiff alleged breach of contract, conversion and replevin claims. Following mediation, the parties reached an agreement to settle and dismiss all claims.
Highway Commission v. Transportation Company. Mr. Littleton secured a dismissal of all claims against his transportation company client in a state court suit brought by a State Highways and Transportation Commission to impose monetary fines against the corporation for failure to comply with state regulations. Boyle Brasher also successfully defended the corporation in parallel administrative proceedings that attempted to impose fines on the client for the same claims.
Employee v. Railroad Corporation. Mr. Littleton represented a national interstate freight railroad corporation and individual supervisor in a suit brought by an employee claiming intentional invasion of privacy in connection with employee's medical leave. Following aggressive discovery and investigation by Boyle Brasher LLC, the parties reached an agreement to settle, and all claims were dismissed.
Property Owner v. Railroad. Mr. Littleton successfully defended a major railroad company against claims that attempted to establish easement rights across railroad's mainline right-of-way.
State v. Railroad. Mr. Littleton successfully represented a national railroad client in the defense and resolution of state government claims that the railroad lacked operating rights over land owned by state.
James R. Garrison 
Belleville, Illinois
Phone: 618-277-9000
Fax: 618-277-4594
E-mail: jgarrison@boylebrasher.com
Learn more about Mr. Garrison by clicking here
Plaintiff v. Passenger Railroad. Circuit Court of City of St. Louis, Missouri. Railroad Grade Crossing Case. This case arose out of a collision between a passenger train and a passenger vehicle at a railroad crossing in the City of St. Louis. The defense of the claim was challenging because there had been several other train/vehicle collisions at the same crossing including a prior accident in which Plaintiff's attorney had represented the decedent's heirs. In this case plaintiff claimed a major brain injury and other serious physical injuries. Plaintiff denied any recollection of the events surrounding the accident. Mr. Garrison with the assistance of a Boyle Brasher LLC paralegal conducted thorough medical discovery while simultaneously conducting a rigorous internet investigation of plaintiff's background. As a result of those efforts, Boyle Brasher LLC was able to discover plaintiff's social networking posts as well as posts to some body building websites. Those posts revealed information that would have been devastating to plaintiff at trial, including several direct and significant contradictions to plaintiff's deposition testimony and several direct and significant contradictions to his medical records. After building this discovery record for more than a year, Mr. Garrison produced thousands of pages of internet printouts, photographs and a detailed summary to plaintiff's attorney documenting plaintiff's contradictions with his sworn testimony and medical records. The case was settled in an amount extremely advantageous to Boyle Brasher LLC's client shortly after these disclosures.
David Donahue 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 246
Fax: 314-621-1088
E-mail: ddonahue@boylebrasher.com
Learn more about Mr. Donahue by clicking here
Hospital Corporation v. County. Atlanta Georgia. Boyle Brasher's client, a national hospital corporation, sought reimbursement of hospital bills from county government for Hospital treatment of county jail prisoners. Mr. Donahue and Mr. Brasher of Boyle Brasher LLC represented the hospital claimant. Boyle Brasher LLC successfully obtained reimbursement for its client of a significant six figure amount from the county. The county had previously declined responsibility for prisoner hospital charges. Careful preparation and presentation of the hospital corporation's position and a persuasive argument that the hospital corporation was likely to succeed in litigation prompted the county to negotiate the significant payment.
Hospital Corporation v. County. Philadelphia, Pennsylvania. Mr. Donahue and Mr. Brasher of Boyle Brasher LLC sought reimbursement for a national hospital corporation from a county government for hospital treatment. This involved a mediated application for "free review" in the Pennsylvania's Bureau of Workers' Compensation. The county government employed the insureds who had received the hospital treatment . The county's insurer/third party administrator had refused to pay Boyle Brasher LLC's clients "usual and customary" charges. Boyle Brasher's persistent negotiating strategy resulted in a payment of a significant seven figure settlement to the firm's client.
Cynthia Masterson 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 218
Fax: 314-621-1088
E-mail: cmasterson@boylebrasher.com
Learn more about Ms. Masterson by clicking here
Plaintiffs, Husband and Wife v. Homeowners. Circuit Court of Washington County, Missouri. Premises liability case involving plaintiff husband's fall from defendant homeowners' roof resulting in serious injuries. Homeowner's insurance carrier retained Ms. Masterson to represent the homeowners. Plaintiff husband's medical treatment included multiple surgeries which left one leg shorter than the other. As a result of the defenses developed by Ms. Masterson the homeowners' insurance carrier chose to go forward with the defense exposing itself to a verdict in excess of policy limits rather than pay plaintiffs' demand to settle within the policy limits. At the trial as a result of aggressive discovery and investigation Plaintiff husband's past and future wage loss claims, past and future medical expenses and testimony regarding a need for future surgery were eliminated from jury consideration using well-researched and written motions in limine. The entire case was then settled prior to jury selection for no payment to the plaintiff and a nominal payment to the plaintiff wife for her loss of consortium claim.
Home Purchaser v. Title Insurance Company's E&O Insurer, et al. Circuit Court of Jefferson County, Missouri. This case arose out of the construction and purchase of a house by plaintiff. Plaintiff alleged damages for both construction defects and escrow irregularities. Ms. Masterson was retained to represent the errors and omissions insurer of the title insurance company involved in the closing and escrow on the house. This protracted litigation involved five defendants and very contentious discovery issues. A successfully argued motion to dismiss on behalf of the E&O Insurer (on which the Judge withheld his ruling) resulted in a court-ordered mediation with no payment by the E&O Insurer and its dismissal with prejudice from the lawsuit. The remaining defendants settled with plaintiff.
Homeowners v. Country Club Members, et al. Circuit Court of St. Louis County, Missouri. Case alleging damages to homeowners whose home was in the path of poorly-hit golf balls coming onto their property from the adjacent country club. At the request of a consortium of insurance carriers Ms. Masterson represented the scores of members of the golf club who were all sued individually for the damage to the home. On various grounds, Ms. Masterson was able to obtain summary judgment for each and every one of the individual country club members. The case proceeded to trial against the country club and a golf course architect.
Surviving Parents/Wrongful Death Plaintiffs v. Railroad. U.S. District Court, Eastern District of Missouri. Plaintiff's decedent died while trespassing on defendant railroad's right of way when he was struck by a train early in the morning. Through aggressive early pre-discovery investigation by Ms. Masterson, she and Mr. Brasher were able to establish on behalf of the railroad that plaintiffs' decedent was intoxicated, that he had been sitting between the rails of the track prior to being struck, and that he had been drinking at a bar owned by his parents, the plaintiffs, before the accident. As a result of these disclosures the case was dismissed with prejudice at a very early stage with no payment by the railroad defendant.
Plaintiff Estate v. Defendant Driver and Insurance Company. Ms. Masterson represented both defendants in a case involving plaintiff's decedent's death in a head on car crash, Ms. Masterson was able to plan and negotiate an arbitration agreement which drastically limited the exposure of the defendant insurance company represented by Ms. Masterson.
Plaintiff v. Trucking Company. Ms. Masterson represented defendant trucking company. After thorough and aggressive depositions that undermined plaintiff's claim, plaintiff voluntarily dismissed the case against the trucking company and did not refile it saving the defendant additional defense costs.
Ralph Godsy 
St. Louis, Missouri
Phone: 314-621-7700
Fax: 314-621-1088
E-mail: rgodsy@boylebrasher.com
Learn more about Mr. Godsy by clicking here
Estate v. Short Line Railroad. U.S. District Court for Western District of Missouri; Circuit Court of Jackson County, Missouri. Wrongful death/railroad grade crossing case. Plaintiffs' decedent died at a railroad highway crossing. Mr. Godsy represented a short line railroad and a railroad holding company. The case was dismissed in federal court for lack of jurisdiction and refiled in state court. Mr. Godsy prepared and argued a motion to dismiss the case on the theory that the named plaintiffs lacked standing to sue. The motion to dismiss was granted and the case was dismissed with prejudice on all counts.
Estate v. Short Line Railroad (II). Mr. Godsy co-authored the Response Brief to Plaintiff's Appeal and successfully represented all defendants at oral argument before the Missouri Court of Appeals, Western District. Dismissal of Plaintiff's case with prejudice was affirmed.
Employee v. Railroad. Circuit Court of St. Louis County, Missouri. FELA (asbestos). Mr. Godsy analyzed plaintiff's prior claims and the settlement documents for those matters, Mr. Godsy successfully argued prior release of the asbestos claims in a motion for summary judgment. After the summary judgment motion was filed, plaintiff voluntarily dismissed this case on the eve of the hearing on the summary judgment motion.
Injured Motorist v. Trucking Company. Personal injury claim filed in U.S. District Court for the Western District of Missouri, Southwest Division. Motorist alleged he was injured in accident with client trucking company. Mr. Godsy moved to dismiss the case as a result of plaintiff's numerous violations of discovery orders. The court agreed with this position and ordered the case against Boyle Brasher LLC's client dismissed.
Railroad Employee v. Class I Railroad (I). Circuit Court of St. Louis County, Missouri. FELA (toxic exposure/cancer and cumulative trauma to knees and spine). Mr. Godsy conducted all the discovery and prepared the case for trial. He also co-tried this case with Mr. Brasher of Boyle Brasher LLC. The jury rendered a verdict in favor of Boyle Brasher LLC's client.
Railroad Employee v. Class I Railroad (II). Missouri Court of Appeals, Eastern District of Missouri. Mr. Godsy assisted in drafting the response brief and successfully represented the railroad during oral arguments to the Court of Appeals. Verdict in favor of BBLF's client was affirmed.
Injured passengers v. Trucking Company . U.S. District Court for the Eastern District of Missouri. Injured passengers brought suit against defendant trucking company and deceased driver in state court. Mr. Godsy removed this case from Jefferson County, Missouri Circuit Court and successfully argued against remand with the theory that the decedent and defendant ad-litem, both Missouri residents, were not parties at interest in the litigation and that the proper party to consider for diversity consideration was the insurance company, a non-Missouri resident. This matter proceeded to a jury trial where Mr. Godsy was the trucking company's lead trial counsel. The jury returned a defense verdict in favor of the trucking company.
David B. Schneidewind 
Belleville, Illinois
Phone: 618-277-9000 Ext. 338
Fax: 618-277-4594
Email: dschneidewind@boylebrasher.com
Learn more about Mr. Schneidewind by clicking here
Plaintiff v. Nursing Home. Circuit Court of Montgomery County, Illinois. Wrongful Death Case. Mr. Schneidewind second chaired in the trial of this case representing a nursing home. The plaintiff alleged that plaintiff's decedent suffered a comminuted fracture of her femur and subsequent death as a result of being dropped by a nursing home employee. Jury verdict for Boyle Brasher LLC's client.
Organization v. Farming Corporation. Mr. Schneidewind second chaired and represented the defendant, a large farming corporation, in this jury trial which involved a property dispute and water rights action tried in the Circuit Court of Clinton County, Illinois. Plaintiff alleged that it suffered harm from defendant clearing trees for farming purposes and directing water upon its property. A defense verdict was obtained from the jury.
FELA Plaintiff v. Railroad. Kentucky. Mr. Schneidewind successfully obtained a dismissal of plaintiff's case which sought damages for plaintiff's cancer which was allegedly caused by radiation exposure while employed by the railroad defendant. Boyle Brasher LLC successfully argued that plaintiff's claim was outside the time in which suit could be filed under the applicable statute of limitations. Mr. Schneidewind handled the appeal and was successful in obtaining an affirmation of the lower court's ruling. He was also able to file pleadings that persuaded the Kentucky Supreme Court to decline discretionary review of the lower courts' decisions.
FELA Plaintiff v. Railroad. Kentucky. Mr. Schneidewind successfully obtained the dismissal of two causes of action seeking damages arising from alleged occupational exposure to asbestos for plaintiff's failure to prosecute the causes of action. On appeal Mr. Schneidewind was successful in obtaining a ruling from the Kentucky Court of Appeals affirming the lower court's decision.
Local Municipal Representation. Mr. Schneidewind successfully negotiated on behalf of several local municipal entities to obtain concessions from a hauler of equipment that weighed in excess of 1,000,000 lbs. across municipally controlled roadways.
Linda Self 
Phone: 314-621-7700 Ext. 243
Fax: 314-621-1088
E-mail: lself@boylebrasher.com
Learn more about Ms. Self by clicking here
Estate v. Railroad Premises Owner. Circuit Court of Cook County, Illinois. Plaintiff's decedent was allegedly exposed to take-home asbestos on her uncle's clothing when she visited his house as a child. The decedent was diagnosed with mesothelioma and filed suit. Plaintiff's discovery and perpetuation depositions were taken prior to her death. Through careful but persistent questioning, Ms. Self was able to establish that plaintiff''s alleged exposure through contact with her uncle would have been minimal, sporadic and inconsequential. Boyle Brasher's client, a large interstate railroad, who owned the premises where the deceased uncle worked was subsequently dismissed from the case with no payment to Plaintiff.
Estate v. Railroad. Circuit Court of Cook County, Illinois. FELA Widow alleged former railroad employee husband who claimed to have worked for the railroad from 1961 to the 1970's was exposed to lethal levels of asbestos. The Railroad Retirement Board was unable to confirm any railroad employment. Plaintiff's complaint alleged that the employee had removed asbestos insulation while working for the railroad. The decedent died prior to his deposition from lung cancer with brain metastasis at age 61, leaving behind a very sympathetic widow. After close of discovery, Ms. Self filed a motion for summary judgment based on lack of any testimony or evidence of any asbestos exposure attributable to the railroad defendant. Prior to the hearing on defendant's motion, plaintiff voluntarily dismissed Boyle Brasher LLC's railroad client from the case with no payment.
Employee v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. The 50 year old plaintiff worked as a brakeman/switchman/conductor from 1969 to 1996 for the railroad defendant represented by Ms. Self and Boyle Brasher LLC. Plaintiff was diagnosed with asbestosis and renal cancer which plaintiff's experts attributed to his exposure to asbestos at the railroad. Ms. Self conducted the pretrial discovery and assisted Mr. Brasher of Boyle Brasher LLC in preparation for trial. The case was settled favorably for the railroad after motions in limine were heard in the Circuit Court of the City of St. Louis, Missouri.
Estate v. Railroad. Circuit Court of Madison County, Illinois FELA. Plaintiff alleged that decedent had been exposed to asbestos in the 1940s while employed by the defendant railroad represented by Ms. Self and Boyle Brasher LLC. Decedent died of mesothelioma. Through early investigation of the decedent's alleged employment, Ms. Self was able to determine that the decedent had not been an employee of defendant railroad, and was able to obtain an early voluntary dismissal of the defendant railroad in this Madison County, Illinois case.
Tom McDermott 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 229
Fax: 314-621-1088
E-mail: tmcdermott@boylebrasher.com
Learn more about Mr. McDermott by clicking here
Plaintiff v. Railroad. Circuit Court of City of St. Louis, MO. FELA. A forty-four year old maintenance of way railroad worker sued the railroad alleging that his acute lymphocytic leukemia was caused by exposure to herbicides used by Boyle Brasher LLC's railroad defendant to spray for vegetation control along its right of way. Plaintiff alleged he was exposed to herbicide on one occasion when a spray truck was spraying close to where he was working and on other occasions when herbicide residue was left on equipment that plaintiff had to maintain and repair. Investigation at the suggestion of Mr. McDermott and Mr. Brasher showed that the spray trucks were not in the area at the time plaintiff claimed he was exposed. The investigation also revealed plaster dust from a nearby factory, not herbicide. At another location the recommended investigation disclosed that a large water truck from a quarry drove by where plaintiff had been working and sprayed water to settle the dust. The water spray and quarry dust, not herbicide, left a residue on the equipment. In addition an analysis of plaintiff's medical records by Boyle Brasher LLC revealed that plaintiff''s symptoms which he thought were reactions to chemical exposure were in fact likely manifestations of plaintiff's undiagnosed leukemia. Further research by Mr. McDermott into specific chemicals in the herbicides sprayed on the railroad right of way confirmed that none of the chemicals were associated with the development of acute lymphocytic leukemia. Following proper diagnosis of his leukemia, plaintiff underwent a bone marrow transplant that left his leukemia in remission. Plaintiff recovered and returned to work for the railroad. The cancer subsequently returned and led to plaintiff's death. By establishing that plaintiff's condition was due to causes other than negligence or exposure on the railroad, the Boyle Brasher LLC's railroad client was able to resolve this matter at far less than originally anticipated by plaintiff and his attorney.
Plaintiff v. Railroad. Circuit Court of City of St. Louis. Locomotive Inspection Act and FELA. Locomotive engineer claimed he injured his back when he allegedly slipped in oil and rainwater on a locomotive walkway. After a thorough analysis of plaintiff's medical records, Mr. McDermott established that plaintiff failed to advise his doctor of several key facts including a previous ruptured lumbar disc caused by an off duty injury. Boyle Brasher LLC was also able to establish that plaintiff had failed to make any real effort to find gainful employment to mitigate his damages. The railroad defendant was able to achieve a very favorable settlement during court ordered mediation.
Plaintiff v. Railroad. Circuit Court of City of St. Louis. FELA. A furloughed machinist from the railroad represented by Boyle Brasher LLC found employment with another company as a truck driver while he was furloughed from the railroad. The plaintiff sued the railroad alleging cumulative trauma injuries while he was employed there which caused bilateral carpal tunnel syndrome and problems with his low back. Plaintiff had no surgeries for any of those conditions. After an altogether unrelated medical condition left him unable to work as a truck driver, plaintiff asserted that his railroad injuries left him disabled. Through discovery of prior complaints related to plaintiff's back Mr. McDermott and Mr. Brasher were able to uncover that plaintiff had become aware of his job related physical problems prior to three years before his court petition was filed which was the applicable Statute of Limitations. Plaintiff testified that he was aware of problems with his wrists and hands that he thought were related to his work on the railroad as far back as 10 years before filing his lawsuit against the railroad. Boyle Brasher LLC filed a motion for summary judgment on behalf of the railroad. While the motion was pending, the court ordered the parties to mediation. At mediation plaintiff sought an excessive amount to settle his claim. Defendant filed an additional motion for summary judgment asserting there was no cumulative trauma. Plaintiff's attorney was advised that the railroad would aggressively pursue both motions. The stalled negotiations resumed and the case was settled for an amount very favorable to the railroad.
Multiple Plaintiffs v. Railroad. In four FELA cumulative trauma cases, plaintiff's' attorney did not respond to discovery, did not provide medical records or authorizations and did not take other steps to pursue the cases filed in the City of St. Louis. After filing motions to compel and motions to dismiss for failure to prosecute, plaintiff voluntarily dismissed the four cumulative trauma cases. Subsequently, in one case plaintiff hired other counsel who filed a motion to reopen his case or in the alternative to file a new case. Plaintiff's motion to reopen the previous case in the City of St. Louis was denied. Upon motion to transfer venue, the new case was transferred to St. Louis County. Mr. McDermott and Boyle Brasher LLC filed a motion for summary judgment, and the case was dismissed on the grounds that the statute of limitations had run.
Plaintiff v. Railroad. A 50- year old shop worker claimed cumulative trauma from his work at the railroad was responsible for problems in his right and left wrists and elbows. Plaintiff returned to work after surgery on both his wrists and elbows. Plaintiff then claimed injuries to his back when he lost his grip climbing down from a work platform. Thorough review of the medical records led to discovery of undisclosed prior injuries to the back unrelated to work. During cross-examination in deposition, plaintiff's expert witness was unable to assert that plaintiff's incident at work did anything more than aggravate a pre-existing condition. Surveillance revealed plaintiff playing golf and doing other activities in no apparent distress. Investigation uncovered a prior bankruptcy filing that plaintiff had not disclosed in his FELA lawsuit. Likewise, plaintiff had not disclosed his FELA lawsuit in his bankruptcy filing. The bankruptcy court reopened plaintiff's case and the bankruptcy trustee was appointed administrator of the lawsuit. The case went to trial in the City of St. Louis. In a thorough cross examination of plaintiff's main witness, the witness agreed that the railroad had done everything it could to make plaintiff's workplace a safe place to work. Plaintiff's attorney obtained approval to settle the case on the second day of trial in an amount very favorable to Boyle Brasher LLC's client.
Zora Manjencich 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 237
Fax: 314-621-1088
E-mail: zmanjencich@boylebrasher.com
Learn more about Ms. Manjencich by clicking here
Plaintiff v. Railroad. Circuit Court of Cape Girardeau County, Missouri. Wrongful Death trespasser case. Estate of eighteen-year old filed suit against Ms. Manjencich's railroad client after the estate's decedent died when he was struck by defendant's train. The railroad's tracks were located adjacent to a City park and plaintiff alleged that the railroad negligently failed to warn the young man of the approaching train and failed to slow the train as it approached an area frequented by visitors to the park. Video from a camera onboard the lead locomotive showed that the deceased was playing chicken with the train, first running across the track in one direction in front of the train and turning around to run back when struck. This video evidence was supported by testimony of acquaintances who were with the deceased the night of the accident. Boyle Brasher LLC vigorously conducted discovery and then pursued motions to dispose of the case. Following the deposition of plaintiff's liability expert, the railroad through Boyle Brasher LLC reasserted its Motion for Summary Judgment. Plaintiff was forced by the motion to voluntarily dismiss this case before the defendant's motion was argued.
Plaintiff Employee v. Railroad. Circuit Court for St. Louis City, Missouri. FELA. A railroad employee was physically assaulted by a co-worker while at work. Plaintiff alleged that the railroad failed to provide plaintiff with a safe place to work and knew or should have know of the violent propensities of the co-worker assailant. Following written discovery, investigation and plaintiff's deposition, a motion for summary judgment was filed and granted finding that there was no evidence that co-worker assailant had history of violence against the plaintiff or otherwise.
Employee Plaintiff v. Railroad. Circuit Court of the City of St. Louis, Missouri. FELA. While working for the defendant, the plaintiff sustained a crush and degloving injury to his left (dominant) hand when his glove was caught in a conveyor used to carry scrap rail. As a result of the injury, plaintiff's fingers required amputation and his hand was significantly disfigured. Plaintiff alleged, among other theories of liability, that the conveyor did not have the proper personal protection guards, safety stop switches or shield cover and that the railroad violated OSHA and ANSI standards. Plaintiff's retained engineering expert's opinions were refuted by exposing the expert's faulty investigation of the conveyor and incident location and through expert testimony from the railroad's expert. The railroad defendant represented by Boyle Brasher LLC successfully resolved this case for an amount far below plaintiff's expectations and demands.
Plaintiff Employee v. Railroad Employer. United States District Court for the Northern District of Illinois. FELA. Railroad engineer alleged he suffered a serious low back injury that resulted in a surgical spinal fusion when his locomotive was struck by a remotely controlled locomotive in defendant's railroad yard. Aggressive investigation and discovery changed the case from one in which plaintiff was free from fault to one in which evidence revealed plaintiff was on his cell phone before, during and after the incident. Locating the person with whom he had been talking, obtaining her cooperation, and analyzing data on her computer were key factors in establishing plaintiff was exaggerating his injuries. Case successfully resolved.
Plaintiff Employee v. Railroad Employer. FELA. LIA. Plaintiff employee allegedly injured neck, back and lower and upper extremities during the course of his employment because of defendant railroad's defective track and rough riding locomotives. Extensive computer research on the internet including social websites and email addresses located public embarrassing personal activities conducted by plaintiff which significantly impacted his claim for permanent disabilities. The case was successfully resolved for far less than Plaintiff had anticipated.
Plaintiff Employee v. Railroad Employer. Illinois Court of Appeals, 5th District. Appellate court reversed the lower court's denial of Boyle Brasher's Motion to Dismiss based on forum non conveniens and ordered St. Clair County Judge to transfer the case out of this historically difficult venue.
David H. Friess 
Belleville, Illinois
Phone: 618-277-9000 Ext. 225
Fax: 618-277-4594
E-mail: dfriess@boylebrasher.com
Learn more about Mr. Friess by clicking here
Plaintiff v. Defendant v. Third Party Defendant. Circuit Court of Madison County, Illinois. Property damage non-jury trial. Boyle Brasher LLC represented third party defendant. Original plaintiff brought suit for property damage against defendant. Defendant brought in third party defendant claiming that she was liable for plaintiff's damages. Following a bench trial the court ruled in favor Boyle Brasher LLC's client.
Plaintiff v. Manufacturer and Nursing Home. Circuit Court of St. Clair County, Illinois. Plaintiff sued the manufacturer of a three wheel electric scooter when the scooter tipped over and plaintiff was injured as she was exiting an elevator at a nursing home. The plaintiff filed a products liability suit against the manufacturer of the scooter and a premises liability suit against the nursing home. Mr. Friess filed a Motion for Summary Judgment following depositions of the parties on behalf of his client, the Nursing Home, and the Court granted the motion.
Plaintiff Resident v. Developer v. Excavator. Residents of a subdivision sued the developer of a subdivision for property damage to their residence after excessive ground settlement. The excavating company was contracted to install the sewer mains during development. The developer filed a third-party suit against the excavator and alleged that the excavator did not properly back fill the sewer mains. Mr. Friess represented the excavator, the third party defendant. Following a bench trial, the court entered a judgment in favor of the plaintiff against the developer and a judgment for Mr. Friess' client, the excavator, on the claim brought against it by the developer.
Michael H. Hermann 
Belleville, Illinois
Phone: 618-277-9000 Ext. 236
Fax: 618-277-4594
E-mail: mhermann@boylebrasher.com
Learn more about Mr. Hermann by clicking here
Plaintiff v. Defendants. Mr. Hermann represented the defendants in this dog bite jury trial. Jury verdict in favor of defendants who were sued after a pit pull allegedly escaped from their property and injured plaintiff.
Plaintiff v. Railroad. FELA. Asbestos. Mesothelioma. Summary judgment granted in favor of Boyle Brasher LLC's railroad client on plaintiff's claim that her husband developed mesothelioma as a result of occupational exposure to asbestos. The court held that a prior release agreement barred the claim since the alleged possibility of developing mesothelioma in the future was a known risk the parties intended to originally release.
Plaintiff v. Railroad. After discovering that a plaintiff had died before filing a lawsuit against a railroad client, Boyle Brasher LLC successfully appealed a trial court order allowing substitution of the personal representative of the plaintiff's estate. As a matter of first impression in the State of Tennessee, the Tennessee Court of Appeals held that a lawsuit filed by a deceased individual is a nullity subject to dismissal, and that such nullity may not be avoided through substitution of the parties.
Leslie B. Shinners 
Belleville, Illinois
Phone: 618-277-9000 Ext. 209
Fax: 618-277-4594
E-mail: lshinner@boylebrasher.com
Find out more about Ms. Shinners by clicking here
Plaintiff v. Railroad . October 2010. Circuit Court of McLean County, Illinois. FELA asbestos exposure case. Plaintiff alleged that she contracted mesothelioma from take home asbestos exposure. Plaintiff claimed the railroad negligently transported asbestos to a plant where her father worked in the 1950's, and he brought the fibers home. At trial the railroad obtained a directed verdict after Plaintiff presented her evidence and rested. Ms. Shinners drafted pleadings and attended depositions, hearings, and was co-counsel in the trial.
Plaintiff v. Railroad. Circuit Court of McLean County, Illinois. Jury trial. Plaintiff alleged that she contracted mesothelioma from asbestos exposure. Plaintiff claimed the railroad negligently transported asbestos to a plant where plaintiff was employed in the 1960's. Boyle Brasher LLC's railroad client obtained a jury verdict. Ms. Shinners drafted the pleadings and attended depositions and hearings in preparing the case for trial.
Plaintiff v. Railroad. Circuit Court of McLean County, Illinois. Plaintiff alleged that she contracted mesothelioma from take home asbestos exposure. Plaintiff claimed the railroad negligently transported asbestos to a plant where her ex-husband worked in the 1950's, and he brought the fibers home. The railroad obtained a jury verdict. Ms. Shinners drafted pleadings and attended depositions and hearings.
Mark M. Favazza 
St. Louis, Missouri
Phone: 314-621-7700 Ext. 212
Fax: 314-621-1088
E-mail: mfavazza@boylebrasher.com
Learn more about Mr. Favazza by clicking here
Plaintiff v. Passenger Railroad. Court granted Boyle Brasher LLC's motion to dismiss this suit which alleged that a railroad passenger with dementia was injured when he exited a train through an unlocked door and wandered along the track or in defendant's rail yard. Court held that the passenger railroad's decision to keep doors unlocked was not the proximate, or legal, cause of the passenger's injuries and recognized that keeping the doors unlocked was necessary to allow exit in an emergency. Boyle Brasher LLC also won dismissal of the passenger's companion's claim for negligent infliction of emotional distress.
Plaintiff v. Railroad. FELA. Boyle Brasher LLC represented the defendant Railroad. Plaintiff was a maintenance of way employee alleging injuries due to cumulative trauma. Plaintiff filed his FELA claim in a jurisdiction with a history of large verdicts for plaintiffs. Defendant obtained a dismissal of Plaintiff's FELA claim based on the doctrine of forum non conveniens.
Plaintiff Railroad Passenger v. Passenger Railroad. U.S. District Court, Central District of Illinois. Plaintiff railroad passenger, suffering from onset of Alzheimer's disease, walked off a cross-country train before it reached the rail yard in Salt Lake City. He was later found with lacerations and a broken foot. Plaintiff alleged that the railroad was negligent in failing to keep its doors locked while the train was in motion. In a case of first impression in the Central District, the court dismissed Plaintiff's claim with prejudice early in the litigation and adopted the position advocated in Boyle Brasher LLC's brief written by Mr. Boyle and Mr. Favazza. The court ruled that the unlocked doors cannot be the legal or proximate cause of plaintiff's injuries.
Plaintiff Driver v. Railroad. Circuit Court of Fayette County, Illinois. Jury Trial. While leaving a parking lot adjacent to railroad tracks, Plaintiff backed her vehicle into the path of the defendant railroad's train which collided with her vehicle. Plaintiff suffered significant injuries and brought claims for negligence, willful and wanton misconduct, and spoliation of evidence. Plaintiff also sought punitive damages. After a three-day trial which Mr. Favazza second-chaired with lead attorney Mr. Bax, the jury returned a verdict in favor of the railroad defendant on all counts. During the jury instruction conference, Mr. Favazza, over strong objection by Plaintiff's counsel, successfully advocated for a non-pattern jury instruction on the driver's duty to avoid collisions while on private property which Mr. Bax was then able to stress to the jury during his closing argument. The trial court denied Plaintiff's post trial motion and there was no appeal.
Plaintiff Employee v. Railroad. Circuit Court of Knox County, Illinois. FELA. Plaintiff employee operated a high-rail vehicle on the defendant's railroad tracks and collided with the rear car of a train stopped ahead of him. The railroad defendant represented by Boyle Brasher LLC brought a counterclaim against plaintiff for significant damages because of his failure to keep a proper lookout while driving a high-rail vehicle. Plaintiff, relying on a recent decision from the U.S. District Court for the Southern District of Illinois, filed a motion to dismiss the counterclaim contending that counterclaims against employees are barred by the FELA. In the absence of Illinois case law on this important issue, Mr. Favazza and Mr. Bell of Boyle Brasher LLC submitted a thorough brief on behalf of the railroad detailing the history of counterclaims against employees in pre-FELA common law and FELA case law from other jurisdiction. The court denied Plaintiff's motion to dismiss the counterclaim.
Plaintiff Employee v. Railroad. Circuit Court of Madison County, Illinois. FELA. Plaintiff, a Nebraska resident and maintenance of way worker, filed his FELA lawsuit in Madison County, Illinois. On behalf of the railroad defendant, Mr. Favazza and Mr. Nash filed a motion to dismiss based on the doctrine of forum non conveniens. The court granted the motion to dismiss.
Plaintiffs, Automobile Driver and Passenger v. Trucking Company and Driver. Circuit Court of Madison County, Illinois. The deceased automobile driver's estate and the surviving passenger who suffered severe spinal injuries with quadriplegia and a traumatic brain injury sued the driver of a tractor trailer and the trucking company as a result of a collision between the automobile and a tractor trailer as the tractor trailer backed out of a logistics company driveway onto a public street. Mr. Favazza assisted Mr. Brasher and Mr. Nash in defending the trucking company and truck driver and prosecuting a counterclaim against the driver's estate and a third-party claim against the logistics company. By deposing an employee of the logistic company, Mr. Favazza established that the automobile driver was speeding at the time of the collision. Mr. Favazza also obtained the decedent driver's cellular phone records and deposed an employee of the wireless communication company which resulted in evidence that the automobile driver was talking on the phone with a friend seconds before the collision. Mr. Favazza researched and wrote several winning briefs and argued before the trial court on issues which led to resolution of the claims below plaintiffs' expectations.
Jessica L. Prosperi 
Belleville, Illinois
Phone: 618-277-9000 Ext. 261
Fax: 618-277-4594
E-mail: jprosperi@boylebrasher.com
Learn more about Ms. Prosperi by clicking here
Plaintiff v. Product Manufacturer. Circuit Court of Madison County, Illinois. Plaintiff alleged that he contracted mesothelioma from unknown exposures while working for several employers. Ms. Prosperi served as local counsel on this matter and assisted in obtaining a dismissal of all counts against the product manufacturer on the grounds that the plaintiff failed to properly identify defendant's product. Ms. Prosperi has frequently served as local counsel.
Plaintiff v. Railroad. Circuit Court of McLean County, Illinois. Plaintiff's decedent alleged that he contracted lung cancer while working for a railroad in the late 1940's. Boyle Brasher obtained a summary judgment for its railroad client on the grounds that the plaintiff did not work for a predecessor entity of the defendant railroad.
Plaintiff v. Railroad. Circuit Court of McLean County, Illinois. Jury Trial. Plaintiff alleged that she contracted mesothelioma from take home asbestos exposure. Plaintiff claimed the railroad negligently transported asbestos to a plant where her father worked in the 1950's and he brought the fibers home. The railroad obtained a directed verdict after plaintiff rested. Ms. Prosperi assisted in drafting pleadings and attending depositions which led to the successful result for Boyle Brasher LLC's railroad client.
Multiple Plaintiffs v Railroads. Ms. Prosperi has successfully pursued dismissal and transfer of many cases on the grounds of forum non conveniens. These include cases filed in St. Clair County and Madison County in Illinois.
Emily C. Webster 
Memphis, Tennessee
Phone: 901-521-2860 Ext. 223
Fax: 901-521-2861
E-mail: ewebster@boylebrasher.com
Learn more about Ms. Webster by clicking here
Plaintiff Estate v. Railroad. The plaintiff filed suit on behalf of the decedent's estate. The deceased was an employee of the grain company who was fatally injured while moving grain cars. The railroad dropped off empty cars and picked up loaded cars, but was not present during the incident. The grain company instructed the decedent and other employees to move empty railcars with a front-end loader so the cars could be loaded with grain. During the movement, the decedent fell from one of the railcars and was fatally injured. Among other theories, plaintiff argued that the railcars were defective in violation of the Safety Appliance Act. The jury found that the railroad was not at fault.
Plaintiff v. Railroad. Grade Crossing Accident. Tennessee. The plaintiff estate filed suit on behalf of a legally incompetent person. Plaintiff filed suit against the railroad for brain injuries and other severe injuries resulting from a grade crossing accident involving the fertilizer spreader operated by the plaintiff and a train. The grade crossing was protected by crossbucks. Plaintiff claimed that the railroad was negligent in the following respects: (1) the crossing warning devices at the railroad-highway grade crossing were inadequate (i.e. there should have been automatic lights and gates at the crossing); (2) the train crew failed to keep a proper lookout ahead; (3) the train crew failed to properly sound the horn at a distance of 1/4 mile from the crossing until the train passed the crossing; (4) the surrounding vegetation was not properly maintained such that the crossing was extremely hazardous; and (5) the presence of a sign reading "2 Tracks" (when only 1 track actually existed at the crossing) and the presence of a standing train in a spur track created enough "driver confusion" to constitute negligence. Plaintiff alleged that he had incurred medical expenses near $1 million. Plaintiff sought damages in excess of $15 million. The jury returned a defense verdict for Boyle Brasher LLC's client.
Plaintiff v. Railroad. The plaintiff alleged cumulative trauma injuries to his knees and back as a result of his employment with the railroad for over three decades. During the trial of this matter, the defendant won a motion for directed verdict at the close of plaintiff's proof as to plaintiff's alleged back injuries. The jury returned a defense verdict. More particularly, the jury found that the plaintiff had failed to file his claim within the three-year statute of limitations period with regard to his left knee and found that the railroad was not negligent with regard to the alleged injuries to his right knee.
Brooks E. Kostakis
Memphis, Tennessee
Phone: 901-521-2860 Ext. 225
Fax: 901-521-2861
E-mail: bkostakis@boylebrasher.com
Learn more about Mr. Kostakis by clicking here
Plaintiff v. Railroad. FELA. The plaintiff, who worked as a transportation clerk, alleged cumulative trauma injuries to his back which he claimed were caused by tasks he performed at work for the defendant railroad (e.g., lifting garbage bags and boxes of bottled water) Boyle Brasher LLC represented the defendant railroad. After a hearing, the trial court granted the defendant's motion for summary judgment based on the plaintiff's failure to offer expert testimony by a medical physician or ergonomics expert within the time prescribed by the controlling scheduling order, and failure to offer evidence that his job tasks were unsafe or that the railroad was negligent.
Plaintiff v. Railroad. FELA. The plaintiff alleged a hip injury which he claimed was caused by his work activities, including getting in and out of a high-rail truck. The defendant railroad, represented by Boyle Brasher LLC, moved to exclude the plaintiff's medical causation expert basis on the plaintiff's failure to timely disclose his opinions prior to trial. After the trial court granted the defendant's motion, the defendant moved for summary judgment based on plaintiff's inability to provide medical causation evidence to support his claims. The plaintiff offered no opposition to summary judgment, which the trial court granted in favor of the railroad just days before a jury trial was set to begin.
Plaintiff v. Railroad. FELA. The plaintiff sued his employer alleging cumulative trauma injuries to numerous parts of his body, including carpal tunnel syndrome, which he claimed were caused by repetitive tasks as a trackman over the years. The defendant railroad, represented by Boyle Brasher LLC, moved for summary judgment pursuant to the FELA's 3-year statute of limitations, based on the plaintiff's medical records and own admissions concerning his injuries. Prior to hearing on defendant's motion, the plaintiff agreed to voluntarily dismiss the case with prejudice.
Plaintiff v. Railroad. FELA. The plaintiff sued his railroad employer alleging traumatic and cumulative injuries to his back, shoulder, and knees. The defendant railroad, represented by Boyle Brasher LLC, moved for summary judgment based on the plaintiff's inability to present expert testimony on liability and causation, and alternatively, the FELA statute of limitations. The trial court granted the defendant's motion and dismissed the case with prejudice.
Plaintiff v. Railroad. FELA. The Plaintiff alleged a hand injury which he claimed occurred while working for the defendant railroad which was represented by Boyle Brasher LLC. At a jury trial, the defendant pointed to evidence that the plaintiff's injury was unrelated to his railroad work, but instead that he had injured it at a previous job and aggravated it by an off- duty incident. The jury found the plaintiff to be 75% at fault and awarded him to no future lost earning capacity damages.
Plaintiff v. Railroad. FELA. The defendant railroad, represented by Boyle Brasher LLC, renewed its motion to dismiss on forum non conveniens after conducting thorough discovery. The defendant argued that Shelby County, Tennessee was not a proper forum because the plaintiff worked in Mississippi and Louisiana, where the overwhelming majority of potential witnesses were located, and he had never received medical treatment in Tennessee. The trial court granted the motion and dismissed the case without prejudice.
Plaintiff v. Railroad. FELA. The defendant railroad, represented by Boyle Brasher LLC, moved for dismissal based on forum non conveniens, in response to the plaintiff's claimed work-related injury which allegedly occurred in Mississippi. The defendant argued that the applicable law did not favor a Tennessee forum for the litigation, based on the non-residency of both parties, the Mississippi locations of potential trial witnesses and plaintiff's medical providers, and other private and public interest factors. The trial court granted the defendant's motion and ordered that the case be dismissed without prejudice.
Rodrick D. Holmes 
Memphis, Tennessee
Phone: 901-521-2860 Ext. 226
Fax: 901-521-2861
Email: rholmes@boylebrasher.com
Learn more about Mr. Holmes by clicking here
Plaintiff v. Doctor. Circuit Court, Shelby County, Tennessee. Medical Malpractice. Mr. Holmes argued and obtained a summary judgment on behalf of an ophthalmologist in a medical malpractice action alleging failure to properly treat a post-operative surgery patient.
Plaintiff v. Doctor. Circuit Court, Shelby County, Tennessee. Medical Malpractice. Mr. Holmes argued and obtained a summary judgment on behalf of an internist in a wrongful death action alleging failure to diagnose a septic condition.
Plaintiff v. Municipality. Circuit Court, Shelby County, Tennessee. Premises Liability. Mr. Holmes obtained a dismissal with prejudice of a premises liability action filed against a municipal client.
Plaintiff v. Railroad. Circuit Court, Shelby County, Tennessee. FELA. Mr. Holmes obtained a summary judgment in favor of the Railroad in a "cumulative trauma" case.
Plaintiff v. Hotel Property Owner. General Sessions Court, Shelby County, Tennessee. Premises Liability. Mr. Holmes was first chair in this bench trial in a premises liability action.
Plaintiff v. Property Owner. General Sessions Court, Shelby County, Tennessee. Breach of Contract. Mr. Holmes was first chair in this bench trial that involved the defense of a commercial property owner in a breach of contract action.
Plaintiff v. Doctor. Circuit Court, Shelby County, Tennessee. Medical Malpractice. Mr. Holmes was co-counsel in the jury trial of this case which involved allegations that an anesthesiologist was negligent in failing to properly intubate and/or extubate a patient.
Plaintiff v. Employer. Circuit Court, Shelby County, Tennessee. Mr. Holmes was co-counsel in the defense of an employer in a workers' compensation action.
Richard I. Woolf 
St. Louis, Missouri
Phone: 314-621-7700
Fax: 314-621-1088
E-mail: rwoolf@boylebrasher.com
Learn more about Mr. Woolf by clicking here
Church v. Company. Circuit Court of City of St. Louis. Plaintiff sued company for negligent monitoring of the church's alarm system. Mr. Woolf conducted significant discovery, overcame Defendant's summary judgment and second-chaired a week long trial in which his client obtained a jury verdict.
Plaintiffs v. Defendants. Toxic Exposure. Plaintiffs sued Defendants alleging that as a result of home renovations, lead dust emanating from defendant's property crossed a street and came to rest on plaintiff's home. As a result plaintiff claimed significant property damage and personal injuries, including allegations that plaintiff's husband had contracted Parkinson's Disease and plaintiff's child sustained brain damage. After winning summary judgment on the issue of husband's Parkinson's Disease, the case went to trial where Mr. Woolf, on behalf of his defendant clients, successfully argued and obtained a directed verdict after opening statements.
