Jacqueline Fox v. Imerys, et al., St. Louis, Missouri State Court – In 2016, Mary Anne served as local trial counsel for a raw material supplier in the talc trial where it was alleged the genital use of talcum powder caused plaintiff’s ovarian cancer. Defense Verdict (2016)
Burbridge v. Harsco Corporation, et al. In March 2012, Mary Anne, together with partner Mark Prost, tried and won a defense verdict in this case involving a train conductor alleging permanent eye injuries from shattered glass from a train accident. She also successfully defended the case upon appeal in 2014.
Joseph v. Dr. Carroll. In March 2006, Mary Anne, along with Sig Adler, won a defense verdict on behalf of NCMIC Insurance Company after a 5 day jury trial. A chiropractic cervical adjustment allegedly performed on plaintiff resulted in a vertebral artery dissection, leading to several strokes 35 days later which resulted in permanent peripheral vision loss for this 56 year old truck driver. In closing argument, plaintiff’s counsel asked for an award of $1.2 million. The jury returned a defense verdict in 4 hours, rejecting plaintiff’s arguments.
Shaw v. Dr. Charles. In August 2004, Mary Anne second-chaired this complicated medical malpractice action in Macon County, Illinois. Charlie Hughes, of Hughes, Hill & Tenney, served as lead counsel. Plaintiff claimed that following two surgeries by defendant, he first developed a bowel obstruction, then an intermittently draining fistula that has required TPN care for the last six years. The jury returned a verdict in plaintiff's favor but for substantially less than the plaintiff requested. A post-trial motion is pending.
Brawley v. American Isuzu Motors. Mary Anne and Bryan Cavanaugh represented the defendant in this April 2004 trial in St. Louis County. The plaintiff claimed the defendant breached a written and implied warranty in connection with his lease of an Isuzu Rodeo. We negotiated an excellent settlement during the first day of trial.
Blatz v. American Isuzu Motors, Inc. In November, 2003, Mary Anne, with the assistance of Bryan Cavanaugh, won a directed verdict on behalf of American Isuzu Motors in a trial in St. Louis County. Plaintiff leased a 2000 Isuzu Rodeo for three years and the client issued a written warranty with it. Three days after the lease expired, plaintiff filed suit against American Isuzu. After the close of plaintiff's evidence, the court directed a verdict for American Isuzu Motors, finding that plaintiff could not prove several elements of plaintiff's case and that plaintiff failed to provide damages and that plaintiff failed to comply with plaintiff's own requirements under the Isuzu written warranty.
Hayungs v. Memorial Hospital of Carbondale. In July of 2003, she began trial in a medical malpractice case in Jackson County, Illinois, where Mary Anne represented Memorial Hospital of Carbondale. Plaintiff alleged negligence in the failure to diagnose a subarachnoid hemorrhage, resulting in the subsequent death of the plaintiff's wife. The parties entered into a favorable settlement in this case during the first week of trial.
Maurizio v. Memorial Hospital of Carbondale. In June of 2000, Mary Anne represented Memorial Hospital of Carbondale in this six week medical malpractice jury trial in Williamson County, Illinois where plaintiffs alleged physician and nursing malpractice during performance of a hysterectomy which resulted in an injured ureter and significant urological problems. Plaintiff also filed a negligent credentialing action against the hospital for the OB/GYN who performed this surgery and a failure to supervise the physician to restrict his gynecological privileges. After the underlying medical malpractice action was tried and the Court directed a verdict against the defendant OB/GYN, the parties settled during the negligent credentialing phase of the trial.
Bauer v. Gundaker Realtors v. ReMax Gateway. In September 1999, Mary Anne represented ReMax Gateway and Mary Kay Carapella in this real estate malpractice case where plaintiff claimed fraud and negligent misrepresentation for failing to disclose problems with the home's septic tank system resulting in significant repairs after closing and reduction of the home's property value. This case was tried in St. Louis County. The Court directed a verdict in favor of our client at the close of all the evidence.
Hansford v. Memorial Hospital of Carbondale. In April, 1999, Mary Anne represented Memorial Hospital of Carbondale in this premise liability case where a patient exited the Cancer Care Center and fell on a sidewalk sustaining significant hip and ankle fracture injuries. The case proceeded to trial against the hospital resulting in a defendant's verdict.
Granda v. Morgan Engineering. In 1995, Mary Anne defended this products liability action in Madison County, Illinois for her client, Morgan Engineering. Plaintiff claimed the overhead crane installed in Granite City Steel was defective in its design and lack of warning devices. A Madison County jury, after a long trial, returned a defense verdict for her client.
McCray v. Memorial Hospital of Carbondale. In July, 1995, Mary Anne represented Memorial Hospital of Carbondale and resident Dr. Clay Halberg, where plaintiff claimed the failure to diagnose and treat bacterial meningitis resulted in the death of a Southern Illinois University student. This case was tried in Jackson County, Illinois, and the jury returned a defense verdict after a long trial.
Pride Electric v. Dr. Broncato. In 1994, she represented Pride Electric, Inc. in St. Louis County, Missouri. Pride Electric filed suit based upon theories of breach of contract and quantum meruit against the defendant for failure to pay for electrical work performed to his physician office. This bench trial resulted in a plaintiff's verdict for her client.
Rohr v. Memorial Hospital of Carbondale. In 1988, she second chaired this case with Peter von Gontard in Madison County, Illinois where plaintiff claimed an alleged failure to timely diagnose and treat bacterial meningitis. The case settled during the first week of trial.
Lam v. Atlas Tool. In 1986, she served as co-counsel at trial on this product liability case. Plaintiff claimed injuries for an allegedly defective snow blower that a physician plaintiff used during a St. Louis snowstorm. During trial, this case resulted in a favorable settlement.