Settlements and Verdicts

Obtained a settlement for a three-year old child who suffered a hypoxic brain injury during her birth. When labor stalled, the obstetrician made repeated attempts at a vacuum delivery. When these attempts failed, instead of ordering an immediate C-section, the obstetrician had the exhausted mother continue to push for another 30 minutes. During this time, the baby's heart rate continued to drop and she was born in distress. An MRI confirmed that she had suffered a hypoxic brain injury which resulted in cerebral palsy, permanent neurological injuries, and developmental delays. This North Dakota case settled at mediation for $5.6 million, an amount that will allow the child's parents to provide the care this child will require for the rest of her life.

Obtained a settlement for a 23-year old motorcyclist who collided with a van whose driver pulled onto a four lane highway and didn't see the motorcyclist. The motorcyclist suffered a severely-broken pelvis and internal injuries, and sustained permanent damage to his pelvic structure. This case was settled for $250,000 policy limits.

Obtained a settlement for the parents of a thirteen-year old boy who was killed when his ATV dropped into a washout on an unimproved section line road. The plaintiffs alleged that the township had a duty to abate or make the section line safe and knew or should have known of the existence of the trench and warned against the hazard. The township denied that it had a duty to repair the section line and the claims against it were barred by the discretionary immunity doctrine. The case was settled for an undisclosed amount. See also Kappenman v. Klipfel and Albion Township, 2009 ND 89, 765 N.W. 2d 716.

In federal court, successfully defended a construction company and majority shareholders from a dissenting shareholder suit in a four day trial, and clients were awarded 75% of their attorneys fees and 100% of their costs. Roemmich v. Eagle Eye Development, LLC, Civil No. 1:04-cv-079 (8 th Cir 2006). The district court's ruling was upheld on appeal. Roemmich v. Eagle Eye Development, LLC, No. 07-1264 (CA8 2008).

In state court, successfully defended upstream landowners from a downstream landowner's lawsuit for permanent injunctive relief from water allegedly being drained unto downstream landowner's property. The district court dismissed downstream landowner's claims, stating that upstream landowners had complied with North Dakota's reasonable use doctrine and that the downstream landowner had failed to take into consideration three alternate watersheds which may have contributed to downstream landowners' flooding concerns. Maddock v. Andersen, 11-09-C-00121 (Dickey County). The trial court's ruling was upheld on appeal. Maddock v. Andersen, 2013 ND 80, 830 NW 2d 627 (N.D. 2013).