Casey & Devoti

Woman Settles Case for “Largest Reported Settlement” in Perry County

Matt Casey — Wed, 25 Apr 2012 21:55:43 +0000

A 91 year old woman represented by Casey & Devoti resolved her Perry County personal injury case for “the largest reported amount” from the county according to a leading Missouri legal newspaper.

The woman fell as she was walking toward the entrance to the Hardee’s restaurant in Perryville. She fractured her hip and the fracture required a partial joint replacement. The woman was living independently in the home that she shared with her husband for more than 60 years. She is now unable to climb steps and has been forced to move to an assisted living center.

Matt Devoti represented the woman in her case against the restaurant. The case settled just two weeks before it was set to be tried to a jury in Perryville in Perry County. Perryville is located about 75 miles south of St. Louis along Interstate 55.

A leading legal newspaper, Missouri Lawyers Weekly, reported the settlement. Lawyers Weekly described the settlement as “the largest reported settlement from Perry County in [the paper's verdict and settlement] database.”

Casey & Devoti Wins $215,068.73 Verdict In St. Francois County Fire Loss Case

Matt Casey — Mon, 12 Mar 2012 20:31:54 +0000

On February 22, 2012, Matt Casey obtained a jury verdict of $215,068.73 in favor of his clients in St. Francois County, Missouri. Matt represented a family whose house was destroyed by fire. At the time of the fire, the family held a policy of homeowners insurance with Farm Bureau Town & Country Insurance Company of Missouri. Farm Bureau denied the clients’ claim alleging that the clients’ misrepresented the extent and amount of their personal property in the claim. Matt filed suit against Farm Bureau for breach of the homeowners insurance contract and for vexatious refusal to pay. The basis of Farm Bureau’s argument that the clients made a misrepresentation was the fact that they had filed for bankruptcy six months before the fire. In the bankruptcy filing, the clients stated only $600 worth of personal property. In the proof of loss submitted to Farm Bureau, the clients claimed approximately $150,000 of personal property destroyed. Farm Bureau argued that the huge discrepancy between the two figures could not be reconciled. However, Matt was able to successfully present evidence demonstrating that the there was a reasonable explanation for the difference. First, the clients admitted that they made an unintentional error in their bankruptcy petition when they took exemptions prior to listing property values (the bankruptcy was performed without the help of an attorney ). Second, Matt called bankruptcy attorney, Gary Bollinger, to testify on behalf of his clients. Mr. Bollinger testified that a debtor in a bankruptcy is required to only submit market value figures for general categories of personal property to the bankruptcy court. On the other hand, Farm Bureau required the clients to submit a detailed itemization of all items destroyed and to list replacement values. Mr. Bollinger testified that the difference between market value and replacement value is great. He also testified that this fact combined with the error committed by Plaintiffs can easily account for such a large discrepancy in the two figures. Matt argued argued that Farm Bureau did not have reasonable cause and excuse to deny the claim, because his clients explained the discrepancy from the outset of the claim and a simple investigation would have confirmed their reasoning. After deliberating for a little over one hour, the jury returned a unanimous verdict in favor of Matt’s clients for $215,068.73, consisting of $134,362.49 on the insurance policy, $13,706.24 for penalty, $67,000.00 for attorneys fees. The Judge then added pre-judgment interest to the award and and entered final Judgment in the amount of $283,527.84.

Client Obtains $1 Million Judgment

adeeley — Fri, 20 Jan 2012 16:00:17 +0000

A Pulaski County judge recently awarded $1 million to a man represented by Casey & Devoti.

The man was a passenger in a Toyota 4Runner involved in a motor vehicle collision on a rural highway in Pulaski County. The 4Runner left westbound Raleigh Road when its driver attempted to navigate a curve at too high a speed. The truck rotated clockwise before overturning.

The passenger suffered injury to his neck, upper back and left hand. He fractured the vertebrae located at C6, C7, T1 and T2 and required extensive surgery, including spinal fusion. He continues to experience left hand weakness.

Matt Devoti tried the case before Judge Mary Sheffield on December 8, 2011. Following trial, the trial court entered judgment in favor of Matt’s client and against the motorist in the amount of $1 million.

The judgment was not appealed.

Editorial Addresses WC Issues

adeeley — Tue, 01 Nov 2011 16:00:48 +0000

We represent a number of a people in Workers’ Compensation claims throughout eastern Missouri and the Ozarks. Workers’ Compensation is under attack in Missouri. Our clients know that fact. Many Missourians are learning of the battle due to the publicity given several claims arising out of terrible circumstances. The attacks on the Workers’ Compensation were the subject of a recent editorial in the St. Louis Post-Dispatch. To view the editorial, go here.

Injured Worker Wins Permanent Total Benefits

adeeley — Thu, 08 Sep 2011 21:17:00 +0000

An injured roofer roofer represented by Casey & Devoti won his Workers’ Compensation claim. The man suffered extensive injury to his left shoulder and arm when the roof on which he was standing collapsed in October 2007. The man fell approximately 15 feet and landed on his left shoulder. He has lost the use of his lower left arm and left hand and his shoulder is constantly painful, interfering with his ability to sleep and move about.

Following hearing, the administrative law judge found the man permanently and totally disabled. The judge ordered the roofer’s former employer and its insurer to pay the man a weekly benefit for the rest of his life and for medical care required by the man in the future related to his injuries. At hearing, the employer and its insurer denied liability for both the lifetime weekly payment as well as future medical care.

Matt Devoti tried the case in the Springfield office of the Missouri Division of Workers’ Compensation. The employer was insured by Zurich American Insurance Co.

Casey and Devoti Volunteer with Habitat for Humanity

adeeley — Tue, 09 Aug 2011 21:17:13 +0000

Matt Casey and Matt Devoti worked with Habitat for Humanity this past weekend. Habitat is building 10 homes in the JeffVanderLou neighborhood just north of downtown St. Louis. Matt and Matt volunteered with a 12 member team sponsored by the Lawyers Association of St. Louis. 2011 was the second year that Matt and Matt worked with Habitat on a project in north St. Louis.

Thomas Casey to Receive Trial Bar Highest Honor

adeeley — Mon, 14 Mar 2011 21:17:07 +0000

Tom Casey is the 2011 recipient of the Lawyers Association of St. Louis’ Award of Honor. The Award is the Association’s highest honor and is given each year to a lawyer “whose service to the profession and community merits recognition, not as a reward, but as an example that may inspire others to similar service.” Tom will receive the Award of Honor on April 16. The Lawyers Association is the association of trial lawyers and judges in the St. Louis metropolitan area. Click here to visit the Association’s website.

Devoti Speaks at Insurance Litigation Seminar

adeeley — Thu, 10 Feb 2011 21:17:09 +0000

Matt Devoti is speaking at a continuing legal education seminar on February 24. The seminar addresses issues encountered during the litigation of insurance coverage claims. Speakers will address the insurance contract, the taking of the insurer’s representative’s deposition, pleading, discovery, the trial of insurance coverage disputes and ethical considerations in litigating these claims. Matt is the only plaintiffs’ lawyer of the four speakers participating in the seminar.

Please call or email Matt if you would like more information about the seminar. Clickhere to review the written materials Matt submitted for inclusion in the course book that will be distributed to seminar attendees.

Senate Committee Considers Changes to Workers Compensation

adeeley — Tue, 25 Jan 2011 21:17:11 +0000

Last evening, a Missouri Senate committee held a hearing to consider Senate Bill No. 8. The bill proposes additional changes to Missouri’s Workers’ Compensation system. Most significantly, the bill blocks the ability of an injured person to seek compensation from a fellow employee who negligently injuries the person if the injury occurs during work. The proposed legislation follows legislation that was passed in 2005 that severely limited injured workers’ rights to collect for on-the-job injuries by enacting a number of provisions, including the redefining of what activities constitute a compensable “accident.” Today, Missouri’s Workers’ Compensation system is the exclusive (or only) remedy for an injured employee to seek redress against his employer for an injury suffered on-the-job.

Click here to view Senate Bill No. 8.

Casey and Devoti Recognized

adeeley — Mon, 25 Oct 2010 21:20:21 +0000

Our firm is pleased to announce that both Matt Devoti and Matt Casey have been identified as “Rising Stars” in “Super Lawyers”. Devoti and Casey are identified in the November issue of “Missouri & Kansas Super Lawyers 2010,” a Thomson Reuters and KC Magazine publication. “Rising Stars” are top lawyers identified by the publication who are 40 years old or younger or who have been in practice 10 years or less.