Mr. Vollertsen's Representative Cases
Adams v. Illinois Valley Paving, et al., Missouri Circuit Court, Cause no. 052-8536. Co-counsel for multiple claimants and represented the estate of an electrical engineer killed in an automobile dump truck collision caused by roadside construction work performed in violation of traffic control standards imposed by the MUTCD. The engineer's son was also insured in the crash. He suffered spine injuries and severe intraabdominal seatbelt injuries, including loss of the duodenum and gall bladder, and injuries to the common bile duct and pancreatic duct. A recovery of $13.5 million was obtained following settlement and trial.
Durand v. ERA Aviation, Inc., 3AN-03-12347 - Lead counsel for multiple claimants, and represented an FAA technician who survived a Bell 206 Helicopter crash off of Fire Island. Liability arose out of pilot error in winter operation of the helicopter below VFR flight minimums causing the helicopter to crash into Cook Inlet. Injuries included hypothermia with cardioversion, compression fractures to the spine, burst fractures to the heels, and multiple hand fractures causing substantial physical limitations and chronic pain syndrome. Confidential multi-million dollar settlement.
Talbert v. E'ola Products, Inc., 3AN-97-4046 - Represented a young woman who suffered a vasoconstrictive cerebellar stroke while using AMP II Pro Drops, an herbal weight loss product containing ephedra. Obtained the first verdict nationally against an ephedra manufacturer, which led to the FDA's seizure of the company's product and assisted in the FDA's subsequent ban on ephedra. Jury award: $1.3 million in compensatory damages and $12 million in punitive damages.
Resnick et al. v. Halliburton, Inc., 3KN-96-167 - Lead counsel representing workers injured in a workshop blast detonating oilfield explosives and destroying the Kenai Halliburton shop. Injuries included death, blindness, burns, shrapnel wounds and psychological injuries. Confidential multi-million dollar settlement.
Farnsworth v. General Motors Corp., 3AN-91-946 - Co-counsel representing a young woman injured when she submarined under a 3 point belt in a 1989 GMC Jimmy, causing severe internal and spinal injuries causing sepsis, lung failure, multi-level spinal compromise, and coma. Jury award: $2.1 in compensatory damages and $5.6 in punitive damages.
Gillispie v. Beta Construction, Inc., State of Alaska 3AN-90-8414 - Represented the family of a 14-year-old boy killed while walking in a roadway construction zone operated in violation of the MUTCD pedestrian standards. Successfully challenged and changed state law which prohibited parents from recovering emotional damages arising from the death of a child resulting in the first verdict in Alaska for parental loss of consortium damages. Jury award with add-ons in excess of $4 million.
Grenz v. Roger Hickel Construction, Dover Elevators, Inc., 3AN-98-5357 - Represented an elevator apprentice electrocuted with 480 volts by an unguarded transformer operated in violation of lockout/tagout procedures. Injuries included traumatic brain injury, spinal injuries and burns. Liability was based on the contractor's failure to follow OSHA lock out/tag out procedures and the elevator manufacturer's failure to shield the transformer. Settlement: $2.25 million.
Darling v. Trident Seafoods, Inc., 3AN- 99-12326 - Represented a 27-year-old man beaten with a pipe at Trident's Akutan seafood processing plant. Injuries included a depressed skull fracture, and resulting cognitive and speech deficits. Liability was based upon negligent supervision of workers and the absence of security measures. Verdict after trial to the court: $1.25 million.
Johnson v. United States, A99-567 Civ (HRH) - Represented a 4-year-old Native boy who was misdiagnosed in a village health clinic while suffering from meningitis. Injuries included cortical blindness, deafness, and severe cognitive and motor control injuries. Settlement: $4.5 million.
Armstrong v. United States, A00-0031 (JWS) - Co-counsel representing a 16-year-old boy who suffered a seizure and was improperly treated at a village health clinic and camp facilities near Tok. Liability was based upon the failure to provide oxygen and anti-seizure medications, and the failure to provide adequate emergency medical response. Confidential multi-million dollar settlement.
Taylor v. Savage Arms, Inc., 3KN-90-922 - Co-counsel representing an 11-year-old boy struck in the head by a .22 caliber bullet from a rifle when the barrel separated from its stock due to fastener failure. Injuries included traumatic brain injury, hemiparesis, bowel and bladder incontinence, and visual field deficits. Confidential multi-million dollar settlement.
Dries v. Alaska Mining & Diving, Inc., 3AN-92-3901 - Represented a young woman who suffered near drowning while participating in a scuba diving training course with a dry suit. Injuries included traumatic brain injury and paralysis. Confidential multi-million dollar settlement.
Kreger v. Amoco, 3KN-85-1414 - Co-counsel representing an oil platform driller operating a wireline unit that failed causing him to be impaled by a falling wireline toolbar. Injuries included gangrene, loss of function, disfigurement, and economic losses. Confidential settlement.
Gundersen v. Yamaha, 3AN-89-7605 - Co-counsel representing a 5-year-old girl run over by a high performance ATV sold in violation of national standards. Injuries included traumatic brain injury and hemiparesis. Confidential settlement.
Special Needs Trusts - Trustee's and Beneficiary's counsel for over 25 special needs trusts serving individuals suffering from catastrophic illnesses and handicapping conditions.