Railroad
According to data from the Kansas Department of Transportation, less than half of 5,039 railroad crossings in Kansas feature active warning devices, such as flashing lights or automatic gates. Notably, active warning devices provide drivers with at least twenty seconds of warning before a train enters a railroad crossing.
Railroad
After nearly being hit by a train at the same crossing, local farmer Mike Spencer had also warned local officials about the dangers at the crossing, which has a steep six-foot incline, making it difficult to see approaching trains. “I was afraid this was going to happen to somebody that was not really familiar with the crossing and how to approach it,” Spencer said. “It's just a nightmare. I look at this and I just can't believe it.”
Railroad
Davis, Bethune & Jones (“DBJ”) is an experienced law firm with a history of successful jury verdicts against Amtrak and other railroad companies. In 1999, a Jackson County, Missouri jury awarded a $160 million verdict against Amtrak and Union Pacific Railroad in favor of a woman who was severely injured during a railroad crossing collision.
Railroad
A passenger train operated by Amtrak derailed near Mendon, Missouri, on Monday afternoon. There are early reports of passenger injuries and potential casualties. Reports indicate the train derailed after colliding with a dump truck. The cause of the derailment is under investigation.
Railroad
Brightline Railroad and the Florida Department of Transportation (FDOT) have requested a $25 million federal grant as part of a $45 million safety project. The funds would be used to provide safety enhancements all across the 195-mile Florida corridor covered by the Brightline tracks between Miami and West Palm Beach.
Safety
Fortunately, no one was injured in the blast, but area homeowners were understandably concerned about determining who was to blame and who would ultimately bear responsibility for repairing the extensive damage.
In The News
Davis, Bethune & Jones featured in Missouri Lawyers Weekly for $3.2 million settlement for 2021 motor vehicle accident.
Safety
Emails recently unsealed in the state of Mississippi’s talc lawsuit against Johnson & Johnson exposed the influence the pharmaceutical giant exerted over a report relied on by the United States Food and Drug Administration (FDA) when it declined to require cancer warnings on talc-based products
Honors and Awards
The Missouri Bar Foundation has awarded the 2021 Purcell Professionalism Award to lawyer, Scott Bethune. This award is given to lawyers who have demonstrated professionalism in their professional and civic activities.
In The News
DBJ Law attorneys Grant L. Davis and Scott S. Bethune have been honored with inclusion on Missouri Lawyers Media POWER LIST 2021: Personal Injury Attorneys. In this latest edition of Missouri Lawyers Media’s POWER LIST, they examine the most powerful attorneys in personal injury law.
Railroad
It is long past time to hold the railroads responsible for guaranteeing the safety of the people in the communities they travel through instead of blaming the victims of these preventable tragedies.
In The News
A New Jersey appeals court recently reversed a $117 million jury verdict in favor of a man who allegedly developed cancer as a result of long-term use of Johnson & Johnson’s talc products (Appeals court overturns $117 million Johnson & Johnson baby powder verdict). The plaintiff was awarded $37 million in compensatory damages and $80 million in punitive damages in the original trial.
Railroad
The railroad industry is more than happy to make money by traveling through local communities but is not willing to spend any of that money to ensure that these communities are safe. If the railroads refuse to pay for fencing to keep trespassers off their tracks, they should be held accountable for any tragedies that result.
Railroad
A recent collision at a railroad crossing between a train and a tractor-trailer in Cameron, Texas, sent a huge fireball and giant cloud of thick black smoke into the sky.
In The News
According to a recent Bloomberg article, Johnson & Johnson recently reached a settlement of $2 million midway through a trial to determine the validity of a woman’s claim that asbestos in baby powder talc caused her cancer. The deal was a departure from the pharmaceutical giant’s established strategy of fighting the many thousands of other talc cases.
Safety
Baltimore Gas and Electric Company (BGE) was recently fined over $400,000 as a result of a huge 2019 gas explosion that destroyed a shopping center (BGE is fined $400,000+ in explosion that blew apart Columbia shopping center). The Maryland Public Service Commission found that the explosion “was the result of both a violation of gas and electric regulations.”
Railroad
The Federal Railroad Administration (FRA), an agency in the United States Department of Transportation (USDOT), recently adopted a final rule mandating the development and implementation of highway-rail grade crossing action plans to improve public safety in 40 states and the District of Columbia
Honors and Awards
The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Grant Davis has earned his selection among these top trial lawyers and has been honored with a feature in the Fall 2020 issue of The Trial Lawyer magazine.
In The News
Johnson & Johnson currently faces thousands of lawsuits filed on behalf of women who claim that the company’s iconic Baby Powder caused them to develop ovarian cancer.
Honors and Awards
DBJ Attorneys Grant Davis and Scott Bethune Make the 2020 Power 30 Power List.
Railroad
The Federal Railroad Administration (FRA), an agency in the United States Department of Transportation (USDOT), recently posted a final rule in the Federal Register allowing railroads to utilize ultrasonic inspection technology, supported by global positioning systems (GPS), to perform continuous rail testing (Federal Railroad Administration Announces Rail Inspection Technology Rule to Improve Track Safety).
In The News
According to a recent article in the St. Louis Business Journal, Bayer’s $10.9 billion Roundup settlement may be in question after a judge expressed concerns over possible “shenanigans” by the German pharmaceutical giant (Judge casts doubt on Bayer's $10.9B Roundup settlement, fears 'manipulation').
In The News
German chemical and pharmaceutical giant Bayer recently agreed to pay over $10 billion to settle tens of thousands of claims that its weed killer Roundup caused cancer (Roundup Maker to Pay $10 Billion to Settle Cancer Suits).
The deal is one of the largest legal settlements in United States history, involving agreements with 25 different law firms for widely varying amounts. “It’s rare that we see a consensual settlement with that many zeros on it,” said Stanford University Law School professor Nora Freeman Engstrom.
Safety
The United States government recently announced a plan to send almost 100 million cloth facial coverings for passenger use to the aviation, transit, and passenger rail transportation sectors (Federal Government to Distribute Nearly 100 Million Cloth Facial Coverings for Transportation Passengers). Approximately 86.8 million face coverings will be disbursed to airports, while 9.6 million will be allocated to 458 transit agencies and Amtrak.
Railroad
The National Transportation Safety Board (NTSB) recently issued its final report regarding the 2017 death of a railroad roadway worker who was struck and killed by a train in Queens Village, New York.
In The News
The Wall Street Journal recently reported that Bayer AG has tentatively reached agreement on settlement terms with six law firms who represent tens of thousands of plaintiffs allegedly damaged by the use of Roundup weed killer (Bayer Advances Toward Resolving Roundup Litigation). According to sources familiar with the matter, the litigation is moving closer to a final resolution.
Honors and Awards
Davis, Bethune & Jones founding member Grant L. Davis recently received an offer to join the prestigious Inner Circle of Advocates, an invitation-only group of the best plaintiff lawyers in the country.
For nearly 50 years, the Inner Circle of Advocates has upheld a mission “to promote the highest standards of courtroom competence and the mutual fellowship and exchange of knowledge among outstanding trial lawyers.” Invitations to the Inner Circle are awarded to plaintiff attorneys who have demonstrated outstanding performance and success in the courtroom.
In The News
Circuit Court Judge Elizabeth Hogan recently announced the indefinite postponement of the ongoing Roundup cancer trial in St. Louis. The postponement news has fueled speculation that Bayer may be close to reaching a global settlement of the tens of thousands of similar Roundup cases being pursued around the world.
In The News
A recent article in Bloomberg News suggested that Bayer may be close to settling over 75,000 cancer claims resulting from its sales of Roundup weed-killer after the number of claims nearly doubled since September 2019 (Bayer Roundup Deal Is Close as Claims Surge, Mediator Says). Court-appointed mediator Ken Feinberg said that he is “cautiously optimistic” a comprehensive deal will be reached within the next month.
In The News
Blocked railroad crossings present a variety of potential safety hazards, especially in locations where the tracks are frequently obstructed for lengthy time periods. Due to blocked crossings, pedestrians may attempt to squeeze between railcars stopped on the tracks. In addition, blocked crossings create many other inconveniences for people in the surrounding community, including causing roadway congestion and making people late for work, school, and appointments.
In The News
The North Carolina Department of Labor (NCDOL) recently levied fines totaling $21,200 against PSNC Energy (PSNC) and two of its subcontractors for their actions resulting in a fatal gas-line explosion in downtown Durham last April. If you have been injured in a natural gas explosion, it is crucial that you hire an experienced attorney to protect your rights. Please call DBJ today at 1-800-875-5972 for a free consultation.
Legal Service
Grant L. Davis has been recognized in The Best Lawyers in America since 2001.
In The News
A number of court cases have resulted in multimillion-dollar verdicts in favor of plaintiffs who claimed their use of Roundup, a weedkiller sold at hardware and home-improvement stores across the country, gave them cancer. However, a recent New York Times article noted that many Americans, especially farmers, continue to use the product
In The News
Only a few attorneys from each state are selected to Super Lawyers designation for any given year, and this year DBJ's own Grant L. Davis has again been selected as a Top Rated Personal Injury Attorney in Kansas City, MO.
In The News
Along with two accomplices, the landlord has been charged with manslaughter and criminally negligent homicide for setting up an illegal gas line that caused the 2015 explosion that killed two people and injured 13 others.
Wrongful Death
When a person dies from the willful malice or negligence of another, the survivors may bring a wrongful death lawsuit against the perpetrator. The type of claim can be made regardless of whether or not the person is charged with any criminal act.
Safety
The National Transportation Safety Board (NTSB) recently updated the list of safety recommendations from its 2019-2020 Most Wanted List of Transportation Safety Improvements.
In The News
As a result of the settlement, residents can recover compensation for property damage and disruption of their lives, and businesses can be reimbursed for lost income and inventory. NiSource claims to have spent over $1 billion in response to the disaster.
Railroad
Although the NTSB is fulfilling part of its duties by investigating these railroad accidents and issuing safety recommendations, it is long past time to require more proactive measures from the railroads themselves. The railroad industry’s focus on maximizing their own profits should not stop the NTSB from requiring them to install Positive Train Control on all of their trains.
Railroad
The United States Supreme Court recently held that payments to an injured employee for lost wages are taxable compensation under the Railroad Retirement Tax Act (RRTA) (High Court Calls Lost Wages Taxable in 7-2 Railway Ruling). The Court ruled 7-2 in favor of the railroad in BNSF Railway Company v. Loos, allowing the withholding of part of the employee’s lost wages to cover RRTA taxes.
NTSB
In a press release issued on February 27, 2019, the National Transportation Safety Board (NTSB) announced that the probable cause of a fatal 2017 explosion in Millersville, Pennsylvania, was a faulty gas connection that allowed natural gas to leak into a single-family residence
Legal Service
Stetson University College of Law awarded its prestigious Cornerstone Award to DBJ partner Scott Bethune during its regional Educating Advocates Teaching Advocacy Skills conference on Dec. 7 at University of Missouri-Kansas City.
Safety
The Federal Government has significantly watered down or eliminated several key transportation regulations that were designed to help keep Americans safe. These safety rollbacks in the Automobile, Commercial Trucks and Buses, Pipeline and Gas Storage Facility and Railroad sectors threaten to reduce the safety of workers, travelers and those who interact with these industries.
Safety
MoDOT introduced its new Border to Border (B2B) program to support seat belt usage in Missouri. Officers across Missouri cited motorists for non-compliance with seat belt laws in an effort to draw attention to the safety importance and effectiveness of wearing seat belts.
NTSB
The National Transportation Safety Board (NTSB) recently released a report on the findings of its investigation into a 2016 fatal explosion in downtown Canton, Illinois. The report indicated that a contractor was in violation of state law when it caused a natural gas rupture and subsequent explosion that killed one person and injured 11 others.
In The News
Scott Bethune was named to the Kansas City Business Journal's 2018 Best of the Bar List. The honor is a result of practice-related peers nominating and promoting the title to Scott.
Railroad
The National Transportation Safety Board held investigative hearings to review causes and circumstances related to recent deadly Washington state and South Carolina Amtrak crashes.
Railroad
CSX Transportation's commitment to safety has been called out after a series of accidents, derailments and safety issues. CSX employees cite several safety factors and safeguards that are being ignored by CSX.
Safety
CSX Railways has recently instituted management changes in an effort to bolster its profitability. Although business efficiency appears to have been achieved, the railroads safety metrics have declined as a result. Profits over safety once again...
Nursing Home
The Trump Administration has reduced fines for nursing homes found to be in violation of safety regulations designed to keep patients and residents safe and free from abuse.
NTSB
The NTSB recently released its preliminary report on the tragic sinking of a Ride the Ducks boat at Table Rock Lake in Branson, Missouri. Although the report did not make conclusions on failures leading to the accident, it did identify several key questions and considerations it will be looking for answers to as the investigation continues.
NTSB
NTSB announces the likely cause of 2017 Biloxi railroad crossing accident. SJB represent those injured in railroad crossing accidents across the United States.
In The News
Deadly Boston gas explosions could have been avoided. DBJ is committed to public safety and representing explosion victims who have been harmed through negligence.
In The News
DBJ wins $3.5 million major verdict on behalf of client injured in an avoidable railroad injury case. The case was tried to a jury in Cass County, Missouri.
In The News
Grant Davis and DBJ win $550,000 Jury Verdict on behalf of motor vehicle accident victim in Jackson County, Missouri.
Legal Service
DBJ is proud to support the UMKC Law Advocacy Program as it succeeds in training high performing law students and future lawyers.
Honors and Awards
For DBJ, it’s about more than just obtaining the largest result; it's about demanding accountability for the people and causes we stand behind. DBJ congratulates its attorneys selected to 2017 Missouri & Kansas Super Lawyers and Rising Stars.
In The News
Kansas City Business Journal’s 2017 “Best of the Bar” lists DBJ's own Scott S. Bethune
Honors and Awards
Grant L. Davis, Scott S. Bethune, and Thomas C. Jones of DBJ Law have all been named Lawyers of the Year for 2018 Best Lawyers in the Kansas City Area.
In The News
Each year the KCMBA Thomas J. Conway Award is presented to a young trial attorney with very special qualities. Wes Shumate has been honored with the Award for 2017.
In The News
DBJ attorneys Grant L. Davis, Scott S. Bethune and Thomas C. Jones were each featured as Best Lawyers in the November, 2016 issue of 435 Magazine.
In The News
With a string of multi-million dollar verdicts, including a Missouri record $160 million judgment in a railroad crossing case, Kansas City plaintiff’s lawyer Grant L. Davis has earned a place among the most respected – and feared – lawyers in the state.
What most of Davis’ colleagues don’t know is that he had a previous career as a professional kickboxer.
Honors and Awards
Grant Davis was honored to receive the Missouri Association of Trial Attorneys Tom Strong Award for exemplifying the qualities of professionalism, ethics, character and courtroom success.
Legal Service
The Missouri Bar Association recognizes and thanks Scott Bethune for his significant contributions to the continuing education of Missouri lawyers.
Legal Service
Scott Bethune earned the prestigious Pat Kelly Service Award for his tireless work on behalf of the UMKC law school and its foundation.
Honors and Awards
DBJ Partners Scott Bethune and Grant Davis Named "Kings" of LEAP in 2014.
