The Gast Law Firm, William E. Gast, PC, LLO, Omaha Nebraska Attorneys.

	Automobile Accidents

	$4,125,000 Settlement, U.S. District Court, Omaha, NE, 2002. Together with co-counsel Dennis E. Koley, represented 49-year-old husband and father of three who was hit head-on by truck which lost control and crossed highway center line in icy conditions, sustaining head injury. See Fremont Tribune story ( Click here to read more in Media Clips )

	$1,000,000 Wrongful Death Settlement, Grand Island, NE, 1991. Represented widow and estate of 35-year-old husband and father who was killed in a collision on state highway. Decedent had slowed or stopped in a smoke cloud caused by irrigation district weed-burning operation which had burned out-of-control, when son of bank Vice-President driving bank-owned pick-up truck entered smoke and struck decedent’s vehicle, killing him instantly. Obtained summary judgment for plaintiff on liability against defendant driver and bank, then intervened in insurer’s declaratory judgment action contesting coverage, and likewise obtained summary judgment on coverage against insurer. $1,000,000 settlement ensued.

	$156,572 Verdict, U.S. District Court, Council Bluffs, IA, 1998. Represented 25-year-old auto-body mechanic plaintiff who sustained bilateral Grade I A/C shoulder separations in intersection collision. Both liability and causation was disputed. Plaintiff required minor surgery to each shoulder, but returned to work without restrictions. Jury awarded plaintiff $100,000 in loss of earning capacity. Medicals: $14,296. Lost Wages: $12,276. Pretrial Settlement offer only $60,000.

	Dangerous Premises

	$425,000 Verdict, Omaha, Nebraska, May, 1980. Represented 18-year-old pregnant homemaker plaintiff whose hands were burned attempting to escape from her burning apartment building. Fire started when landlord negligently used flammable formica glue near stove pilot light in downstairs apartment, then failed to warn plaintiff to leave building. Medicals: $19,700. Cited as “an exceptionally high verdict” by the 1980 Nebraska Verdict Survey, published by Jury Verdict Research, Inc. ( Click here to read more in Media Clips )

	$975,000 Total Settlement, Newton, IA, 2001-2. Represented family of deceased 3-year-old daughter who drowned after falling into a septic tank with an improperly fitted (too small) lid or cap. Premises owner had purchased and installed a replacement lid after it had been observed to be broken during a previous Roto-Rooter service visit. The replacement lid was obviously much too small for the tank opening. Upon a subsequent service call, the same Roto-Rooter employee admitted noticing the dangerous condition, but witnesses denied that this alleged warning occurred. After the accident, the lid was found at the bottom of the tank. The case was remarkable for the “bystander” claims of the parents, who had immediately noticed their daughter to be missing, leading to a frantic fifteen-minute search. Worse, the parents were present when her apparently lifeless body was discovered and pulled from the tank. Medicals: $5,000; Funeral: $5,000. The premises owner settled, at Mediation, for $600,000, without necessity of a lawsuit, while the Roto-Rooter franchise settled a few months before trial for an additional $375,000. ( Click here to read more in Media Clips )

	Defective Products

	(Confidential Settlement) Automobile Fuel System Failure, Cleveland, OH, Settlement, 1985. Represented a severely injured 16-year-old whose 1967 Chevrolet Camaro exploded in flames when the fuel tank separated from the car upon impact with an another vehicle. Since the case was barred by the Nebraska limitations statute, we filed the action in Cleveland, Ohio, against General Motors, alleging defect in the design of the Camaro’s fuel filler neck, and against RBW, Inc., alleging defect in the manufacture of a fuel tank retention strap bolt. After three years of substantial discovery, repeated motions to compel GM to produce documents, and numerous hearings before Cleveland Courts, a substantial confidential settlement was reached with GM two weeks prior to trial. RBW contributed $250,000. ( Click here to read more in Media Clips )

	$336,700 Truck Steering Failure, Denver, CO, Verdict, 1991. Represented truck driver in action against manufacturer of Peterbilt trucks, for negligently allowing untested substandard Japanese bolt to be substituted in steering linkage in place of bolt from previously-approved source. Though Peterbilt denied responsibility and alleged liability should be that of Japanese bolt maker and U.S. bolt distributors, jury found Peterbilt 100% responsible, including $75,000 for wife’s loss of husband’s spousal services. Total Medicals: $1,400. Pretrial settlement offer only $22,000. Affirmed: 986 F.2d 1429 (10th Cir. 1993). ( Click here to read more in Media Clips )

	$1,050,000 Airplane Fuel System Failure, Council Bluffs, IA, Settlement, 1989. Represented estate of crop duster pilot who died from burn injuries after Piper Pawnee exploded in flames upon relatively-minor impact. Manufacturer failed to give post-sale warning that fuel tank was defective without an internal bladder and further failed to notify plaintiff owner of availability of safe retrofit tank.

	$550,000 Airplane Fuel System Failure, Minot, ND, Settlement, 1997. Represented another crop duster pilot who survived serious burns caused by a Piper Pawnee fuel system failure. Although settlement negotiations interrupted for over six years by Piper Aircraft Bankruptcy, case settled with Bankruptcy Trustee for $550,000.

	$171,000 Dalkon Shield Intrauterine Contraceptive Device, Lincoln, NE, Settlement, 1990. Together with co-counsel A. James McArthur, represented plaintiff injured by infection-causing intrauterine device. In our case, MacMillen v. A.H. Robins Co., Inc. 217 Neb. 338, 348 N.W.2d 869 (1984), the Nebraska Supreme Court—for the first time—adopted the rule that a manufacturer cannot assert a statute of limitations defense if it fraudulently conceals material facts regarding the product defect preventing plaintiff from filing within statutory period. Case later settled for $171,000 with the Dalkon Shield Claimants Trust.

	Professional Liability / Medical Malpractice

	(Confidential Settlement) for widow of 41-year-old man who died of bacterial infectious endocarditis (BIE), an infection of the heart, together with co-counsel Dennis E. Koley, Client’s husband had had a heart murmur since childhood, which is indicative of a heart valve defect that predisposes one to BIE in the event of bacterial infection. He visited the defendant doctor twice in a week with very high fever and other signs of bacterial infection, but was diagnosed with the flu and sent home without regard to the murmur. The defense was that the bacteria vs. virus diagnosis was a medical judgment-call until, late in the discovery period, defendant was forced to produce a “manual differential count” from the first visit, which verified a bacterial infection, rather than the flu. The case settled for a confidential amount soon afterward.

	$825,000 settlement for female aspirin-allergic claimant (together with co-counsel A. James McArthur) who was prescribed aspirin-containing Fiorinal by physician, and dispensed by pharmacy, both of which were aware of aspirin allergy. Client fell into respiratory arrest and antiphylactic shock, recovering months later with some residual physical impairments, including slightly-blurred vision. Highly ethical physician turned claim in on himself and his insurer settled for confidential amount. Litigation against pharmacy chain was necessary, which ended in $500,000 settlement.

	$175,000 settlement for young male plaintiff injured while leaving defendant blood plasma donation center, together with co-counsel Dennis E. Koley. Plaintiff was permitted to walk out on his own following the procedure, even though a staff member had noticed that he appeared “pale.” Plaintiff’s injury occurred when he fainted and fell, striking his neck on waiting-area chair. This unusual case was settled for $175,000.

	Securities Cases

	(Confidential Settlement) Beeder v. Omaha World-Herald Stock Fraud/Insider Trading/10b-5. U.S. District Court, Omaha, NE, 2002. Represented estate of David C. Beeder, former Washington Bureau Chief for employee-owned Omaha-area monopoly newspaper, who was required to resell his company stock upon his 1998 retirement. He later learned that, in the year after turning his stock back to the company, its value increased by approximately 50%, costing him over $700,000. Plaintiff claimed that inside information material to the value of his stock was not disclosed to him at time of his early retirement, as required by securities laws. Prior to trial, newspaper attempted to prevent the admission of evidence that OWH Board Members attempted to mislead Beeder about his claims when he began to inquire. We argued that such evidence, even though after the fact, was admissible on the issue of “intent to defraud.” Judge was asked to delay ruling to permit settlement negotiations, and case was settled for substantial, but confidential, amount two days before trial (before a ruling on the evidence issue). To prevent newspaper employees from learning the total payment in the case, the settlement money was paid through the OWH attorney firm’s Trust Account. ( Click here to read more in Media Clips )

	Other Cases

	$752,770 Verdict Railroad Liability. Kirk v. Union Pacific Railroad. Pottawattamie County District Court, Council Bluffs, Iowa ($752,770 Verdict; July, 1992). Represented temporary laborer plaintiff in action against railroad for loss of his right leg. Jury agreed that railroad negligently switched rail cars on unattended track where plaintiff was working. Railroad claimed plaintiff and previously-settled defendant were mostly responsible. Jury found plaintiff negligence-free and assessed settled defendant only 15% fault, while finding railroad 85% responsible for plaintiff’s damages. Affirmed: 514 N.W.2d 734 (Iowa App. 1994) Pretrial settlement offer only $200,000. ( Click here to read more in Media Clips )

	$85,000 Verdict General Liability. Wilson v. Sears, Roebuck & Co., U.S. District Court, Omaha, NE ($85,000 Verdict; December, 1983). Represented plaintiff husband and wife who both sustained post-traumatic stress disorder after experiencing shooting incident in night club. Defendant Sears, Roebuck had sold 12-gauge shotgun to Vietnam War veteran who had previously been hospitalized for episodes of paranoid schizophrenia, but gave unclear response (“...After V. War, short period...”) to question regarding mental illness on ATF weapons purchase Form. Court granted Judgment NOV for Sears because neither plaintiff had sustained a “physical injury,” which ruling was affirmed on appeal to the Eighth Circuit. Only months later, the Nebraska Supreme Court dropped the requirement of physical injury for emotional distress.

	Odometer Fraud. Tusa v. Omaha Auto Auction, U.S. District Court, Omaha, NE ($1,500 award, with fees and costs, October, 1982). Represented 19-year-old victim buyer of apparently low-mileage car which “died” soon after purchase. Upon investigation, it was learned that the car previously had a high odometer reading and had been laundered through an organized crime outfit in Kansas City before arriving at the defendant Auto Auction (OAA), whose employees filled in the post-spin odometer reading on the Odometer Mileage Statement. We also became aware that the Consumer Fraud Division of the Nebraska Attorney General Office had been investigating the Auto Auction for many years, but as yet had been unsuccessful in making a case. However, due to the court’s findings in Tusa, the State of Nebraska was finally successful in its long efforts to revoke the license of the then-owner of OAA, which is now in the hands of reputable owners. Affirmed: 712 F.2d 1248 (1983).