On April 24, 2018, attorney Patrick Hamilton obtained a $170,000 jury verdict in the United States District Court for the District of Kansas in a negligent misrepresentation case. Hamilton Law Firm’s client purchased a house in Kansas City, Missouri. Defendant Kathryn Sylvia was the seller’s real estate agent and an employee of defendant Platinum Realty. The sale was a “cash sale” in which payment was to be wired. The plaintiff received wiring instructions via email from Sylvia’s email account. Plaintiff forwarded the wiring instructions to his bank, which wired his money in accordance with the instructions. In actuality, the wiring instructions were prepared by a criminal hacker which caused plaintiff’s funds to be misdirected to Citi Bank in New York City. When the loss was discovered, plaintiff sued Sylvia and Platinum for negligent misrepresentation. The defendants claimed they did not email the wiring instructions to plaintiff and that plaintiff was comparatively negligent by not reviewing the wiring instructions before sending them to his bank. After a two day jury trial, the jury assigned defendants 85% of the fault and attributed 15% of the fault to plaintiff. Total damages were $196,622.67 with a net recovery to plaintiff of $167,129.27. Bain v. Platinum Realty LLC et al., Case No. 16-CV-02326-JWL.
On January 18, 2017, Hamilton Law Firm LLC obtained a $280,000.00 jury verdict in a legal malpractice lawsuit for Power Control Devices, Inc., an Olathe company specializing in the manufacture of electronic devices. The underlying litigation involved a breach of contract lawsuit against Orchid Engineering, Technologies and Consulting in the Boston, Massachusetts area. After PCD’s case had been pending for almost two years, Orchid filed a motion for summary judgment contending the lawsuit was not filed before the statutes of limitation expired. The United States District Court for the District of Massachusetts agreed, dismissing Power Control’s claims as untimely. Hamilton Law firm sued Power Control’s attorney in the underlying litigation, Michael “Mick” Lerner, for legal malpractice. After a seven day jury trial in Johnson County Kansas District Court, the jury returned a verdict in favor of Power Control. PCD Verdict Form 2617
Attorneys Michael Hodges of Hodges Law Firm and Patrick Hamilton of Hamilton Law Firm obtained a $2.1 million jury verdict in a medical malpractice lawsuit in Johnson County, Kansas on April 10, 2015. The case involved an endometrial ablation procedure with a Boston Scientific Hydro Thermal Ablation (HTA) device that circulates 194º F saline solution throughout the uterus for 10 minutes to burn off the lining of the uterus. During the procedure, the defendant doctor punctured plaintiff’s uterine wall which allowed the scalding liquid to escape into plaintiff’s abdominal cavity causing severe burns to plaintiff’s intestines. Approximately two feet of plaintiff’s intestines had to be surgically removed, which forced the plaintiff to wear a colostomy bag for approximately one year. Lundeen Verdict 42115
Butts v. Tyco Healthcare Group LP, No. 1:06-CV-1377, 2008 WL 80357 (N.D. Ga. January 7, 2008) (Defense of medical device company in personal injury case).
Nealy v. United States Surgical Corporation, 587 F. Supp.2d 579 (S.D.N.Y 2008) (Defense of medical device company in wrongful death case).
Greenawalt v. Philp Rosenau Co. Inc., 471 F. Supp.2d 531 (E.D. Pa. 2007) (Defense of chemical manufacture; plaintiff alleged leukemia caused by benzene exposure).
Frederick v. DaimlerChrysler Corp. II, No. 05-2085-JWL, 2005 WL 1522147 (D. Kan. June 28, 2005) (Consumer class action regarding defective Jeep Grand Cherokee brakes).
Frederick v. DaimlerChrysler Corp. I, No. 05-2085-JWL, 2005 WL 1319135 (D. Kan. May 12, 2005) (Consumer class action regarding defective Jeep Grand Cherokee brakes).
Canaan v. Bartee II, 276 Kan. 116, 72 P.3d 911, cert. denied, 124 S.Ct. 962 (2003) (Legal malpractice case).
Mitchell v. Liberty Mutual Insurance Company, 271 Kan. 684, 24 P.3d 711 (2001) (Insurance coverage dispute in car accident case).
Canaan v. Bartee I, 272 Kan. 720, 35 P.3d 841 (Kan. 2001) (Legal malpractice case).
Turman v. Ameritruck Refrigerated Transport, Inc., 125 F.Supp.2d 444 (D. Kan. 2000) (Settlement of wrongful death car accident claim on behalf of plaintiff).
French v. Selden, 59 F. Supp.2d 1152 (D. Kan. 1999) (Legal malpractice case).
Tank v. Chronister,160 F.3d597 (10th Cir. 1998) (Wrongful death/medical malpractice case on behalf of plaintiff).
Wolfgang v. Mid-American Motorsports, Inc., 111 F.3d 1515 (10th Cir. 1997) ($1.2 million verdict for race car driver upheld on appeal).
Compton v. Subaru of America, Inc.,82 F.3d 1513, cert. denied, (10th Cir.), 117 S.Ct. 611 (1996) ($6.5 million verdict against auto manufacture upheld on appeal).