Cases of Interest

Since moving to our new location in April 2009, Bob Kister Injury Law LLC, formerly Bob Kister Trial Lawyer LLC has recovered more than 3.5 million dollars on behalf of our clients as compensation for injuries received in vehicular accidents (motorcycle, automobile, and truck), work injuries, industrial disease, defective products and the negligence of others. Currently we have cases pending in the Circuit Courts of five separate Missouri Judicial Circuits as well as the Federal District Court for the Eastern District of Missouri and the Missouri Division of Workers’ Compensation offices in Cape Girardeau, Lebanon, St. Charles and St. Louis.

 

Defending the Constitution: “Pure Pleasure v. City of Pevely”

Federal judge finds that the City of Pevely, Missouri violated Lingerie store’s constitutional rights.  The court issues injunction against the city and orders further hearing regarding store owner’s damages and attorney’s fees.

         In December 2012, Federal District Judge Henry Autrey issues his decision finding that the City of Pevely, in Jefferson County, Missouri, violated rights guaranteed by the 1st., 5th., and 14th. Amendments of the United States’ Constitution by denying a business/merchant’s license to the owner of Pure Pleasure Boutique, a lingerie store located at 8600 Daniel Dunklin Blvd. Because of the City’s action, the store has operated since December 10, 2010 in less than one fifth of the building’s available square footage, without permanent signage, and without water or sewer service. The business was also threatened with fines of $1,000.00 per day for violation of city ordinances.

          Judge Autry found no factual basis for the City’s contention that Pure Pleasure Boutique is a “Sexually Oriented Business” as defined by either city ordinance or state statute. Judge Autry found that the City of Pevely wrongfully denied Pure Pleasure Boutique’s application so that the city could enact “Ordinance 1244” regarding “adult” businesses in December of 2010. The Judge also ruled that Ordinance 1244 was invalid as applied to Pure Pleasure Boutique’s business. Judge Autry ordered Pevely to issue a business/merchant’s license to Pure Pleasure Boutique, to dismiss all ordinance infraction charges against the business at the city’s costs, to connect water and sewer service to the building, and to issue a license to erect signage “comparable to other businesses in the area.”  He further enjoined Pevely from “further prosecution of Complainant based upon its operation of business to date or otherwise based upon Ordinance #1244”. Judge Autry dismissed Pevely’s Complaint seeking an Injection to shut down Pure Pleasure Boutique, and ordered further proceedings to receive evidence with regard to Pure Pleasure Boutique’s prayers for money damages and attorney’s fees.

          Pure Pleasure Boutique was represented by Mr. Bob Kister of Herculaneum, Missouri, phone # (636) 931-4459, assisted by Co-counsel Mr. Luke Lirot of Clearwater Florida. case # is 4:11CV171 HEA in the Federal District Court for the Eastern District of Missouri.

         Anyone wishing a copy of the court's 49 page decision may contact my office.
 

Proving Disability from an undiagnosed condition:

        Because of Bob Kister’s expertise in injury cases and developing proof in medical areas, many attorneys refer cases presenting significant challenges to our office. In 2012, we resolved a Worker's Compensation claim, where the treating doctors never reached a diagnosis, for a lump sum payment of $80,000.00 (in addition to two years of temporary disability benefits and medical treatment already provided by the insurer). Our client had contracted illness while in Africa. While malaria and reaction to anti-malaria prophylactic medication was ruled out, the treating doctors never determined either the nature of the illness nor etiology (causation). Our doctors convinced the Administrative Law Judge that the illness was caused by pathogens from Africa which are unknown in our region and therefore undetectable to our doctors. In 2012 we also made six figure recoveries for Permanent and Total Disability in cases stemming from an ankle fracture and a trauma that did not even knock our client to the ground.

Workers’ Compensation: What is a “THIRD PARTY” claim?

        Since Bob Kister Trial Lawyer LLC handles not only Missouri Workers’ Compensation claims but also prosecutes all types of litigation in both the State Circuit Courts and Federal District Courts, Bob Kister Trial Lawyer LLC is frequently able to make additional recovery on behalf of its clients.           

        On November 2, 2011, Bob Kister Trial Lawyer LLC obtained a settlement for our client who was employed by Diversified Contract Services (DCS) at the Chrysler Fenton plant in 2009.  Our client drove a “spotter truck” manufactured by Capacity of Texas which features a hydraulically actuated “fifth wheel”.  This allows the operator to back underneath a 40-foot to 54-foot trailer and lift the front of the trailer so that it can be moved about the plant facilities without “cranking-up the landing gear” (manually lifting the struts which hold the front end of a trailer off the ground when it is not connected to a truck/tractor).           

        While disembarking from the Capacity of Texas truck/tractor, our client caught the sole of his boot on a ¼” bolt head protruding from the truck’s frame.  As a result, our client suffered an ankle fracture requiring internal fixation.  In addition to the $40,000 recovered against the employer Diversified Contract Services in 2009, Bob Kister Trial Lawyer filed suit against Capacity of Texas in the Federal District Court for the Eastern District of Missouri.  At mediation before retired Court of Appeals Judge Stanley Grim on November 2 2011, Bob Kister Trial Lawyer recovered an additional $30,000 for our client.           

        “Although this case had limited prospects at trial because the protruding bolt was only ¼” higher than the adjacent frame, I am pleased that we were able to make this additional recovery against the truck’s manufacturer.  Not only is a Products Liability claim such as this good for our client, it encourages manufacturers to incorporate greater safety in its products.           

        Looking at the Capacity of Texas website, this manufacturer now paints its steps and handrails in “safety yellow” (rather than the flat black paint utilized in 2004 when the subject truck was manufactured).  Safety does not sell itself.  Unless corporations are given a financial incentive to incorporate safety, cost considerations went out every time.  This is particularly important today when OSHA has eliminated ability to enforce job safety and the scope of Missouri’s Workers’ Compensation law has been restricted” said Bob Kister concerning this settlement.
 
Court:  Federal District Court for the Eastern District of Missouri
Case Number: 4:10-CV-01625-CEJ
Judge:  Honorable Carol Jackson
Mediator:  Honorable Stanley Grimm (ret.)
Special Damages:  $110,000 Medical Expense (including complications of deep venous thrombosis)
Insurer:  Cherokee Insurance
Plaintiff’s Experts:  Kelly Cohen, Chrysler Auto Worker (ret.); Dr. Juan Escandon 
Defendant’s Experts:  Dr. Erin Shipp, physical/mechanical engineer; Dr. Michael York, physical/mechanical engineer; Dr. Luis Dragovanich, PHD, Biomechanical Expert
Caption:  Steven Schwab v. Capacity of Texas
Plaintiff’s attorney:  Bob Kister, Bob Kister Trial Lawyer, LLC
Defendant’s attorneys:  Timothy Brownlee, James A. Waits, Rita Hoop and Tony Jones of Waits, Brownlee, Berger and Dewoskin of Kansas City, Missouri

Historical Recoveries for Clients

        In September of 2010 Bob Kister won an appeal before the United States Court of Appeals for the 8th Circuit (one level beneath the United States Supreme Court). In the case of Hamilton v. Palm (Appeal number 09-3676) the Court overruled the decision of a Federal District Judge dismissing our client’s case. In its decision, the Judges of the 8th Circuit reaffirmed the efficacy of the Federal Rules of Civil Procedure pertaining to federal pleadings, and limited the scope of the Supreme Court’s decision in Aschroft v. Iqbal (129 S. Ct. 1937 (US 2009). For an interesting article concerning this decision published by Missouri Lawyer Media on September 20, 2010 written by Anna Vitale go to: 'Short and plain' is good enough: 8th Circuit revives fallen (http://findarticles.com/p/articles/mi_7992/is_20100920/ai_n55383799/) ”.

        Also in 2010, Administrative Law Judge Matthew Vacca of the St. Louis Division ruled in favor of our client and against Old Carco LLC (formerly Chrysler Corporation) in the case of Cohen v. Old Carco LLC (injury number 08-101968). This is one of the few successful “repetitive stress” cases decided following the State Legislature’s enactment of the so called “Workers’ Compensation Reform Act of 2005.” 

        Bob is comfortable handling cases in the united states federal districts court or the eastern and western districts of Missouri as well as the state courts of Missouri. 

The Missouri Bar Association asks us to remind you that an attorney’s past performance and achievements are not necessarily indicative of the results an attorney will obtain in any future proceeding, and the choice of an attorney is an important decision not to be based upon advertising and/or limited information. If you have questions or desire information regarding any legal matter, Bob recommends that you call our office at 636-931-4459 to speak with Bob. There is never charge for initial consultation whether by telephone or office appointment.