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Verdict & Settlements

The results we obtained in each of these cases were based on facts, legal issues, and insurance coverage that were unique to each case. For this reason, you should not assume or expect we will obtain a result like this in your case. We present this information to show that LaMarca Law Group, P.C. has litigated large cases, complex cases and cases arising out of a wide variety of factual scenarios. Because each case is different, prior results do not guarantee or predict a similar outcome.

Personal Injury

  • $220,000.00 settlement on behalf of the driver of a truck who sustained multiple facial fractures and was lifeflighted from the scene when a vehicle heading the opposite direction failed to yield and turned left into his truck.
  • $4.3 million trial court ruling against the Iowa Department of Transportation for negligent maintenance of a highway resulting in a head-on collision seriously injuring two members of the Drake University women’s basketball team.
  • $1.1 million settlement for a 55-year-old woman who received severe crushing injuries to her left leg when struck by a DART bus while she was in the crosswalk at a busy downtown Des Moines intersection.
  • Confidential settlement of claim for negligent security against large retail mall owner and security company where video surveillance showed unattended five-year-old girl playing on an escalator more than 20 minutes before she fell to her death.
  • $2.74 million settlement for a 24-year-old woman who suffered multiple pelvic fractures and a concussion after being run over by a DART bus in downtown Des Moines.
  • A multi-million dollar post-jury verdict settlement against 18 manufacturing companies for the families of 10 persons killed in a department store fire, which the jury found to have been caused and spread by defective polyvinyl chloride wire insulation.
  • $1 million policy limit settlement for a 34-year-old unmarried bicyclist who suffered permanent injuries when he was struck from behind by a truck on a rural road.
  • $390,000 jury verdict for the estate of a 21-year-old unmarried woman without dependents who was killed in an intersection collision in a rural Iowa county.
  • $2 million policy limits settlement for man whose lower left leg was severed when he was inspecting his own broken-down tractor-trailer, which was lawfully parked on the shoulder of Interstate 80. Defendant driver who fell asleep and allowed his unit to go onto the shoulder had violated hours of service regulations by driving too much without taking required off-duty time.
  • $300,000 settlement for a 35-year-old man who suffered post-concussive syndrome and a re-aggravation of a preexisting neck injury after being rear-ended by a drunk driver.
  • $1.67 million settlement for an unmarried man with no dependents who suffered non-paralyzing spinal fractures and soft tissue injuries as a passenger in a single-car rollover. Defendants included the driver and owner of the vehicle and the Iowa County Highway Department that negligently maintained the gravel road on which the rollover occurred.
  • $800,000 settlement for a 46-year-old woman who suffered a back injury while a passenger in a helicopter that suffered engine failure and had to ditch in the ocean off Islamorada, Florida.
  • $900,000 settlement for the estate of a 62-year-old truck driver killed when a defectively designed two-story grain bin loaded with six tons of soybeans collapsed on top of his truck while delivering soybeans to a grain elevator.
  • $1.6 million settlement to the widow of a 46-year-old grain elevator manager killed by an explosion of grain dust ignited from an electrical short.
  • $1.1 million settlement for a 55-year-old woman whose leg was severely injured when she was struck by a DART bus while in the crosswalk.
  • $90,000 settlement for a 68-year-old man who suffered a broken wrist with nerve damage after being hit by a DART bus in downtown Des Moines.
  • $690,800 settlement for the estate of a 45-year-old single woman with no dependents who was killed when a garbage truck drove over her.
  • $150,000 settlement for a man who suffered a broken leg when the defective logging tool he was using broke.
  • $75,000 settlement for a man who suffered soft tissue back injuries after falling down when an escalator suddenly slowed down.
  • $140,000 settlement from private healthcare facility for an 11-year-old girl who was allowed to leave a youth shelter with a 17-year-old male resident who sexually assaulted her.
  • Confidential settlement for two-year-old who fell out of third-story apartment window and suffered traumatic brain injury with resulting cognitive and motor impairments. Defendants included apartment owner, window manufacturer and lumberyard, all of whom were involved in replacing crank-style windows with sliders. Replacement window failed to comply with building code requirement and none of the Defendants considered child fall protection such as window guards or vent locks.
  • $950,000 settlement for a man who suffered a broken arm and cervical disc bulges when he was struck by a semi while aiding another motorist on I-80.
  • $250,000 settlement for husband and wife injured when a pickup truck turned in front of them.
  • $350,000 award by trial judge for a 41-year-old male construction worker who sustained right knee medial meniscus tear and pelvic fracture when the motorcycle he was riding was struck by an oncoming vehicle that turned left into his lane. Damages included an award for past and future medical expenses, past and future physical and mental pain and suffering, past lost wages and partial impairment of future earning capacity.
  • $40,000 settlement for a 38-year-old woman who received an extension-flexion soft-tissue (“whiplash”) injury from a rear-end collision.
  • $220,000 settlement for a motorcyclist who suffered a fractured left clavicle, fractured left humerus, and non-displaced cervical fracture requiring a neck brace for four weeks. Defendant motorist made an unsafe left turn in front of a motorcycle at a busy intersection in Ankeny, Iowa.
  • $100,000 policy limit settlement from Defendant who ran red light at busy intersection resulting in extension/flexion (“whiplash”) with resulting permanent pain syndrome as a result of residual scarring in the soft tissues of the cervical and thoracic spine.
  • $120,000 settlement on behalf of a woman who fell on an untreated icy sidewalk at an apartment fracturing her kneecap.
  • $200,000 settlement on behalf of a woman pedestrian whose leg was fractured after being struck by an automobile in a parking lot.
  • $105,000.00 policy limits settlement for a four-year-old boy who was bitten on the face by a German Shepherd while a guest at the home of the owner of the dog.
  • Confidential settlement for the estate of a young female radiology technician who was killed in a murder-suicide committed by her physician boyfriend.
  • $77,500 settlement for a motorcycle rider whose foot was broken when a motorist made an unsafe left turn in front of him.
  • $80,000 settlement for a police officer who suffered whiplash and facial lacerations when his patrol car was rear-ended by a drunk driver while he was on duty. The settlement included the policy limits of $50,000 from the drunk driver and $30,000 from the bar that served alcohol to the driver.
  • Settlements for mother and child who were in minivan struck by uninsured driver high on marijuana. $27,500 settlement for five-year-old child who suffered broken collarbone and lacerations, and $100,000 policy-limits settlement for his mother who suffered concussion with hemorrhage. Settlement funds came from family’s own uninsured motorist car insurance.
  • Settlements for driver and passenger who stopped at a red light on an interstate exit ramp and were rear-ended by a driver who was asleep at the wheel. $132,750 for 54-year-old man who suffered reaggravation of prior neck injury requiring surgery and $45,000 for 56-year-old man who suffered soft-tissue “whiplash” injury to cervical spine.
  • Confidential settlement for driver injured while making a left turn and was struck by a tractor-trailer passing him in a no-passing zone.
  • Policy limits settlement for estate of teenager who was killed while a passenger in a car that was driven recklessly and crashed into a utility pole.
  • Confidential settlement for woman who suffered a broken leg after tripping on large crevice in a damaged sidewalk in a residential neighborhood. The owner of the property had removed a cement block from the sidewalk and failed to replace it for several years, creating a hazard to our client and all others who walked through the neighborhood.
  • $45,000 settlement for a 22-year-old woman who suffered facial lacerations and cervical strain when she was rear-ended by a large truck.
  • $95,000 settlement for a 33-year-old man who suffered a separated shoulder and chronic low back pain after he was rear-ended by a delivery truck.
  • $450,000 settlement for 24-year-old woman who suffered two broken arms, two broken legs, a concussion, a broken hand, and broken ribs when she was in a collision at an uncontrolled intersection where the two vehicles entered the intersection at the same time and her comparative fault was at issue.
  • $270,000 settlement for 58-year-old tractor-trailer driver who required neck surgery after a collision in which a commercial bus swerved into his lane from a rerouted interstate entrance ramp in a construction zone.
  • $97,000 settlement from local accounting and valuation firm resulting from breaches of ERISA duties in the creation, management, administration, reporting, and valuation of ESOP plan for a small Iowa business.

Medical & Professional Malpractice

  • $500,000.00 settlement of a medical malpractice claim against University of Iowa Hospital and Clinics arising out of the surgical error and mismanaged repair of a laceration following a cesarean section
  • $2 million medical malpractice jury verdict after a spine surgery operation left a 55-year-old woman partially disabled.
  • $175,000 jury verdict against a Des Moines orthopedic surgeon for a lawyer who had multiple dislocations after a hip replacement surgery.
  • $4.5 million settlement from a national accounting firm to investors who bought stocks and bonds in reliance on the firm’s faulty financial information in an offering underwritten by a commodities brokerage.
  • A multi-million dollar confidential settlement for 8 medical malpractice victims from the estate of a prominent Des Moines plastic surgeon with a history of malpractice due to personal problems.
  • $2 million class action settlement for patients who were overcharged for medical services by the use of hospital liens filed by Mercy Medical Center against their motor vehicle personal injury lawsuits.
  • $1 million class action settlement for patients who were overcharged for medical services by the use of hospital liens filed by Iowa Methodist Medical Center (Des Moines) against their motor vehicle personal injury lawsuits.
  • $850,000 settlement for the estate of a man who died of undiagnosed cardiotoxicity from the cancer drug Fluorouracil (5-FU).
  • $1.5 million settlement on behalf of Billy Graham Evangelistic Association against a bank for undue influence to get an elderly woman to change her will so as to give $1.5 million to a nursing home building fund rather than the Billy Graham Evangelistic Association.
  • $1.1 million jury verdict against Norwest Bank Iowa, N.A. for negligence resulting in the loss of an SBA guaranteed loan commitment to a small manufacturing company.
  • Landmark case with substantial monetary settlement and requiring agreement by major medical center not to engage in quota contracts which required cardiologists and heart surgeons to utilize implantable cardiac rhythm devices from only one manufacturer.
  • $870,000 settlement for a non-displaced thoracic fracture and two herniated cervical disks requiring infusion incurred by a 40-year-old professional injured in a multiple rollover collision in Warren County, Iowa.
  • $45,000 medical malpractice settlement for a woman whose thumb was injured after she was placed in an incorrect post-operative splint.
  • A multi-million dollar confidential settlement of a nuisance lawsuit on behalf of 125 homeowners who were exposed to harmful particulate matter and hydrogen chloride emissions from a manufacturing facility with a defectively designed emissions system.
  • $140,000 settlement from private healthcare facility for an 11-year-old girl who was allowed to leave a youth shelter with a 17-year-old male resident who sexually assaulted her.
  • Confidential medical malpractice settlement for 32-year-old athletic male who presented with unexplained “out of control” pain in his lower right extremity and against ER physician for failure to order MRI or consult with orthopedic surgeon as part of diagnostic workup, and thus failing to diagnose compartment syndrome resulting in permanent foot drop.
  • $245,000 settlement on behalf of a woman who was sickened by carbon monoxide following the negligent installation of a gas furnace in her home.
  • Global settlement of a shareholder dispute for control of multi-operational entity that included release of $2 million personal debt liability for initial entrepreneur.
  • $239,500 settlement with the National Vaccine Injury Compensation Program for an adult woman who developed Guillain-Barré syndrome following a flu vaccine.
  • $51,348 jury verdict for a woman following the negligent extraction of a molar by a dental student. The student negligently cut into an adjacent tooth resulting in the loss of an otherwise healthy tooth.
  • $32,746 jury verdict for a woman following a dentist’s negligent implantation of a bridge and negligence in failing to properly cap a root canal.
  • $110,823 jury verdict following negligent nursing care while a patient was confined to bed in an ICU unit. The nurses failed to provide the patient with proper skin car leading to the formation of a bedsore on his sacrum.

Business Litigation

  • $14.2 million federal court jury verdict, including $10 million in punitive damages and interest after appeals, for 10 Midwest seed companies for breach of contract and fraud by a subsidiary of Royal Dutch Shell, the largest corporation in the world.
  • $4.4 million trial court ruling for fraud by a developer who diverted loan proceeds rather than pay a construction firm which built subdivision infrastructure in reliance on loan proceeds. The ruling consisted of $1.1 million in actual damages and $3.3 million in punitive damages.
  • $2.4 million settlement in an ERISA case for 25 members of an employee stock ownership plan (ESOP) whose stock in the company was forcibly sold at less than fair market value by the trustees of the ESOP.
  • $2.8 million administrative law judge ruling in favor of Consolidated Freightways for damage to consigned freight and overcoming “act of God” defense in Chicago & Northwestern Railway bill of lading for negligent operation of train during violent thunderstorm resulting in derailment on elevated trestle bridge.
  • $2 million class action settlement for patients who were overcharged for medical services by the use of hospital liens filed by an Iowa hospital against their motor vehicle personal injury lawsuits.
  • $1.7 million federal court jury verdict for breach of contract and slander against Washington National Insurance Company on behalf of a Sioux City insurance brokerage.
  • $250,000 settlement on tortious interference with prospective business advantage for a retailer in a major shopping mall who had a competitor wrongfully interfere with its lease, resulting in the landlord refusing to renew the lease.
  • $650,000 litigated estate settlement for a surviving spouse where the family-owned business was given to the decedent’s step-son, effectively cutting the wife out of all non-joint-tenancy property in the will.
  • Injunction against the State of Iowa on behalf of R.J. Reynolds Tobacco Company and Bekenton USA, Inc., preventing the State of Iowa from improperly assessing royalties in a Master Settlement Agreement in nationwide tobacco class action settlement.
  • Multi-million dollar settlement on behalf of real estate development company and against a bank for bad faith and fraud in breaching agreement to lend sufficient funds to complete multiple development projects. Settlement included substantial reduction in liability for personal guarantors, actual damages and highly favorable restructuring of loans for certain projects and deed in lieu of foreclosure with a waiver of personal liability on loans for two projects which development company no longer wanted to complete.
  • $43,000 jury verdict on claims of breach of fiduciary duty and constructive fraud against a real estate developer who misused and mismanaged a homeowners association’s money while completing the development.
  • $300,000 jury verdict for breach of verbal agreement for a business who sued the widow of its former president who named her, rather than the company as promised, as the beneficiary of an insurance policy on his life.
  • $300,000 recovery for a 77-year-old widow who was defrauded by a younger man who had gained her friendship and confidence, only to obtain money and mistreat her.
  • $1.7 million federal court jury verdict for 47 former employees of the Younker’s department store chain who were denied severance pay upon the consolidation of this division with Carson Pierce Scott by parent company Saks, Incorporated.
  • Landmark case with confidential monetary settlement and requiring agreement by major medical center not to engage in quota contracts which required cardiologists and heart surgeons to utilize implantable cardiac rhythm devices from one manufacturer.
  • Successful defense of breach of exclusive intellectual property license agreement and successful trial court ruling on counterclaim for defamation and unfair competition, resulting in award of $157,500 to licensee and over $250,000 in statutory attorney fees.
  • $664,000 trial court ruling for breach of a commercial lease and constructive eviction due to unremediated rainwater intrusions which caused property damage and led to mold growth. The award included damages for the purchase of leasehold improvements at new location, employee downtime during relocation, moving expenses, reimbursement for remediation expenses during occupancy and attorney fees.
  • $40,000 settlement for a tortious interference claim against a landlord for interfering with the sale of a tenant’s business operated in landlord’s shopping center. In same case, also obtained $145,000 district court judgment against a third party for encouraging landlord to make a side-deal with buyer.
  • $150,000 district court judgment for seller against buyer for breaching purchase agreement for restaurant business.
  • $97,000 settlement from local accounting firm and valuation firm resulting from breaches of ERISA duties in the creation, management, administration, reporting and valuation of the ESOP plan for a small Iowa business.
  • $475,000 settlement in favor of general contractor in a mechanic’s lien priority dispute between contractor’s lien and the bank’s first mortgage.
  • $71,664.70 district court judgment for breach of promissory note.
  • Confidential settlement of claim for negligent security against large retail mall owner and security company where video surveillance showed 5-year-old girl playing on escalator more than 20 minutes before she fell to her death.
  • Physician non-compete agreement deemed unenforceable due to employer’s failure to follow disciplinary protocol and employer’s failure to demonstrate actual need for covenant to protect its interest.
  • Obtained successful District Court Ruling for real estate developer who served as sole managing member of a major commercial development joint venture from claims of breach of the management agreement. Also, we were successful on the counterclaim we filed for breach of this agreement by the other participant.

Workers’ Compensation

  • $450,000.00 settlement following an arbitration decision awarding permanent total disability benefits for an industrial worker who was exposed to hydrochloric acid developing reactive airway disease.
  • $275,000.00 settlement for a factory worker who suffered complications following hernia surgery.
  • $78,000.00 settlement for a delivery driver who suffered a rotator cuff tear following a fall in a parking lot.
  • $62,500.00 settlement for a packing plant worker who slipped and fell, injuring her shoulder.
  • $70,000.00 settlement for a packing plant worker who injured her low back and hip in a work-related fall.
  • $250,000.00 settlement for a factory worker who suffered a closed-head injury following work-related fall.
  • $115,000.00 settlement for a licensed practical nurse who suffered a severe low- back strain while lifting a patient. The employer terminated the injured worker after a functional capacity evaluation confirmed that the worker was limited to sedentary-light duty and was no longer able to perform essential functions of her employment.
  • $50,000.00 settlement for a certified nurse’s assistant following a work-related low-back injury that occurred while lifting a patient at a care unit.
  • $587,718.00 settlement to the widow of a business executive who died of a lethal arrythmia at an out-of-state conference. The medical evidence showed that the worker suffered a heart attack while at the conference but did not recognize the symptoms and continued working. The lethal arrythmia occurred because of the delay in treatment.
  • $190,000.00 settlement for widow of feed delivery driver who suffered a head injury following an unexplained fall in a feed lot. Employer denied claim because fall was not witnessed and worker could not recall the cause of his fall. The worker died shortly after brain surgery. Medical evidence indicated that the worker’s head had struck a hard object, probably the feeder that he was working near at the time of his fall.
  • Settlement of a contested workers’ compensation case in the amount of $1,000,000 for a 48-year-old truck driver who suffered a brain injury in a single-vehicle accident. The employer originally denied the claim, asserting that the driver had deviated from his employment at the time of the injury by driving an alternate route.
  • Settlement of a contested workers’ compensation case in the amount of $320,000 for a worker who slipped on ice in the employee parking lot and suffered a fractured skull.
  • Settlement of a contested workers’ compensation case in the amount of $120,000 for a school maintenance worker who suffered a torn rotator cuff.
  • Settlement of a contested workers’ compensation claim in the amount of $185,000 for a 58-year-old female truck driver who injured both shoulders while securing cargo.
  • Settlement of a contested workers’ compensation case in the amount of $144,000 for a foundry worker who suffered left and right rotator cuff tears.
  • Settlement of a contested workers’ compensation case in the amount of $148,800 for a maintenance worker who suffered a low-back injury.
  • Settlement of a contested workers’ compensation case in the amount of $88,000 for a truck driver who sustained a low-back injury in a fall on the ice in a parking lot.
  • Workers’ compensation arbitration award of permanent total disability benefits for a 66-year-old horse show employee who suffered multiple injuries following the collapse of portable horse stalls. The employer alleged that the worker was an independent contractor and not an employee.
  • Workers’ compensation arbitration award of 80% industrial disability for a factory mechanic whose legs were run over by a forklift causing a hip injury and neuropathic pain. The employer alleged that the injury was confined to his legs.
  • Workers’ compensation arbitration award of permanent total disability for a truck driver who fell from his flatbed to the ground suffering an injury to his lower back. The employer and its insurance carrier alleged that the truck driver had suffered no permanent injury.
  • Workers’ compensation arbitration award of permanent total disability against the Second Injury Fund of Iowa for a 54-year-old shelf stocker who suffered severe bilateral carpal tunnel syndrome.
  • Settlement of a contested workers’ compensation case in the amount of $150,000 for a 57-year-old repairman who injured his low back while lifting a refrigerator.
  • Settlement of a contested workers’ compensation case in the amount of $85,000 for a worker who injured his back while sandblasting a water tower. The employer alleged that the worker’s disability was due to a pre-existing back condition.
  • Settlement of a contested workers’ compensation case in the amount of $52,800 for a waitress who fell while carrying trays at work and injured her neck and right shoulder. The employer was unable to accommodate her restrictions.
  • Settlement of a contested workers’ compensation case in the amount of $32,440 for a trade school student who lost his eye while building a house. At issue was whether the student was covered under workers’ compensation.
  • Settlement of a contested workers’ compensation case in the amount of $96,000 for a construction worker who suffered a rotator cuff tear as a result of a work-related fall.
  • Settlement of a contested workers’ compensation case of $50,000 for a nurse’s aide at an assisted-living center who injured her right shoulder and neck while assisting a resident. The employer alleged that her injuries did not limit her ability to work.
  • Settlement of a contested workers’ compensation case for an aviation maintenance worker in the amount of $69,600. The employer and insurance carrier alleged that the medical condition was due to a non-work injury.
  • Settlement of a contested workers’ compensation claim in the amount of $110,000 for a 29-year-old factory worker who fell off a conveyor belt at work and suffered a back injury.
  • Settlement of a contested workers’ compensation case in the amount of $155,000 for a foundry worker who was exposed to toxic chemicals and developed permanent respiratory distress.
  • Settlement of a contested workers’ compensation case in the amount of $450,000.00 following an arbitration decision awarding permanent total disability benefits for an industrial worker who was exposed to hydrochloric acid developing reactive airway disease.
  • Settlement in the amount of $275,000.00 for a factory worker who suffered complications following hernia surgery.
  • Settlement in the amount of $78,000.00 for a delivery driver who suffered a rotator cuff tear following a fall in a parking lot.
  • Settlement in the amount of $62,500.00 for a packing plant worker who slipped and fell, injuring her shoulder.
  • Settlement in the amount of $47,500.00 for a certified nurse’s assistant who injured her back while lifting a patient at a care unit.
  • Settlement the amount of $70,000.00 for a packing plant worker who injured her low back and hip in a work-related fall.
  • Settlement in the amount of $250,000.00 for a factory worker who suffered a closed-head injury following a work-related fall.

The experience of all in all of the above matters demonstrates that we have dedicated many practice years in the gathering and presentation of evidence before judges, juries, administrative courts, arbitration panels and corporate boards. While the facts and applicable law of each case are different, there is a commonality to the investigative techniques, rules of evidence and presentation skills that form the building blocks of each and every contested matter.

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