First Interstate Bank Building
401 West 19th Street, Suite 300
Cheyenne, Wyoming 82001
Phone: (307) 635-2876

Case Examples

Hynes v. Energy West, Inc.: Premises liability case. Co-counsel for a young couple who suffered devastating burns following a natural gas explosion and fire in an apartment building. Jury verdict of $5,316,086. Upheld on appeal to Tenth Circuit.

Hollett v. Banner Health System, Community Hospital of Torrington, Pioneer Medical Clinic, and Karen E. Brungardt, D.O.: Emergency room medical malpractice. Physician failed to diagnose a life threatening infection in 39 year old woman, resulting in catastrophic injuries, including bilateral below knee amputations; loss of fingers on both hands; facial disfigurement and scarring; brain damage and neurologic injury; scarring and disfigurement of her extremities; and other physical and mental disabilities. Confidential settlement.

Rose v. Exxon Mobil Corporation: Industrial work place accident. Client's employer, an oil field service company, was hired by Exxon to work at its oil field site. After climbing to the top of a tank to gauge the oil level, plaintiff fell as a result of the unsafe condition of defendant's staircase, severely injuring his back.

Coordes v. Zenith Freight Lines, LLC, and Ronda Winebarger: Represented surviving spouse in wrongful death action where tow-truck driver was fatally struck by a semi-truck while he was attempting to extract a disabled vehicle on Interstate 80. Case presented extensive issues on accident reconstruction and the Federal Motor Carrier Safety Regulations (FMCSR), including logbook violations and hours of service compliance. Driver falsified records in direct violation of the law.

Tony Kim v. Jolliff Transportation, Inc., Burlington Motor Carriers, Inc., and Larry M. Maloney: Represented young Air Force officer who sustained a serious traumatic brain injury when his vehicle was struck head on by a semi-truck. Case involved complicated issues of corporate structure and parent/subsidiary liability.

Swackhammer v. Allwire, Inc.: Represented the surviving family in wrongful death action on behalf of a father killed while operating an industrial take-up or spooling machine. Operation of the machine required the deceased to stand in an area dangerously exposed to a rotating reel. Case alleged defective machine design because it lacked basic safety guards and automatic shut off mechanisms intended to protect the life of the operator, among other defects.

LaFave v. Subaru of America, Inc., Fuji Heavy Industries Ltd., and Fuji Heavy Industries U.S.A., Inc.: Represented owner of a 1989 Subaru in an automobile defect product liability case. Plaintiff was backed over while putting items in her trunk. Alleged vehicle was defective because it would start and run without depression of the clutch, and while in forward or reverse gear.

Estate of Timothy v. Shine, M.D., et al.: Wrongful death due to malpractice of gynecologist. Arbitration awarded for surviving spouse of a 38-year-old woman who died after undergoing laparoscopic surgery. Allegations of negligence included failure to timely diagnose and treat a post-operative infection resulting from bowel injury during surgery.

Petrossi v. Casper Medical Imaging, P.C.: Successfully represented a young woman in a radiology medical malpractice case who alleged that delay in the diagnosis of breast cancer resulted from the misreading of a series of annual mammograms.

Steffens and Jordal, v. Tracy Brown and Alliant Foodservice, Inc.: Co-counsel in representation of a young woman and her mother's estate in wrongful death action in which their vehicle was struck from behind on Interstate 80 by a semi-truck operated by a fatigued driver. Confidential resolution reached prior to trial.

Hill v. Mad River Boat Trips, Inc.: Assisted in representation of surviving family in a wrongful death recreation/rafting accident of a young husband who died while on a recreational rafting trip in Jackson Hole. Confidential resolution reached prior to trial. In addition, there was an insurance coverage dispute wherein plaintiff claimed the policy of insurance provided limits of $500,000 and the insurer claimed the policy only had a $250,000 per person limit. The matter was later resolved in plaintiff's favor.

Stegman v. United States of America: Represented a woman vacationing in Grand Teton National Park who was injured in a collision with a Bureau of Land Management vehicle. Suit was filed against the United States under the Federal Tort Claims Act, resulting in one of the largest judgments ever granted in a trial on a federal tort claim in Wyoming - $843,000.

Schwartz v. RAG Coal West, Inc: Co-counsel in litigating case for Campbell County worker severely injured in an industrial accident at a mine. Confidential settlement.

Romanyszyn v. Jolliff Transportation: Wrongful death of a semi-driver who was hit head on by another semi-truck. Substantial recovery obtained for surviving spouse and family of deceased.

Bertagnolli v. Louderback and Westbrook: Co-counsel in industrial/workplace accident where mine worker suffered a below the knee leg amputation after heel was caught in underground mine equipment. Suit filed against plaintiff's supervisors for requiring him to work closely around a moving underground shuttle car, which should have been "locked out". Case was initially dismissed by trial court due to the high standard of liability required of co-employees under Workers' Compensation immunity laws, and appealed to Wyoming Supreme Court. The Supreme Court ruled in plaintiff's favor and reinstated the case.

LeBeaumont v. Cheyenne Frontier Days, Inc.: Represented plaintiff who suffered a back injury as a result of being roped by a Cheyenne Frontier Days volunteer and being pulled by his horse during a parade. Defendant alleged plaintiff was at fault and that plaintiff was not injured by the incident. A jury found defendant 80% at fault, and found plaintiff's damages to be $425,000.

MacDonald v. United States: Premises liability case filed against the United States under the Federal Tort Claims Act. Represented a visitor to Yellowstone National Park who was injured when a dead tree fell on top of his vehicle while driving on a major roadway in the Park. Government argued it was immune from liability and not at fault for failing to remove the dead tree. Plaintiff argued the Park failed to follow its written hazardous trees policy. Settled.

Estate of Fiorini v. J.B. Kirchenslager: Represented the surviving family in a wrongful death case of a mother of five children who was killed when she was rear-ended by a semi-truck driver on Interstate 25. Plaintiff alleged that the collision was a result of the truck driver's violation of safety regulations. Defendant argued the tail lights were not operating on the trailer being towed by decedent's vehicle. Accident reconstruction and trucking experts were hired to assist with those issues.

Estate of Stevenson v. E.H. Oftedahl & Sons: Represented family in a wrongful death case. While working on a road construction site on Interstate 80, decedent was crushed and killed by equipment operated by her employer, who was a subcontractor on the project. The case dealt extensively with highway construction safety policies, practices, and training, and involved issues of liability of the general contractor for safety on a federal highway project. The employer could not be sued by the family due to Workers' Compensation immunity.

Estate of Mills v. Carbon County Clinic, P.C.: Represented the surviving family of a 59 year old woman in a medical malpractice wrongful death case. It was alleged that decedent's doctor failed to order standard diagnostic tests based upon her symptoms, and because of the much delayed diagnosis, decedent's colorectal cancer was too advanced for successful treatment.

O'Connor v. United States of America: Represented a Wyoming Highway Patrolman struck by an active duty airman while stopped in the emergency lane with his flashing lights on. Plaintiff sustained serious back injuries.

Reyes v. Peak USA Energy Services Limited, et al.: Represented 50 year old gentleman hit by a drunk driver in a company vehicle. Plaintiff suffered a serious back injury, resulting in multiple surgical procedures.

Grandpre v. Taylor and Mallard Bay RV Park: Represented the surviving spouse of a 62 year old gentleman who died in an injury as a result of the negligence of the operator of a campground.

Riedel v. Questar Exploration and Production Company, et al.: Industrial/workplace accident. Represented the parents of a 22 year old young man killed while working on an oil rig.

Powell v. Ayars & Son Trucking, LLC and Melissa Jones: Represented a woman who sustained serious back injuries when the vehicle in which she was a passenger was rear ended.

Estate of Wilhelm v. Banner Health System, et al.: Wrongful death as a result of emergency room negligence.

Estate of White v. Ivinson Memorial Hospital and Paul Gustafson, D.O.: This case involved a wrongful death due to malpractice of a surgeon. Resolved without filing suit

The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

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