Need an experienced Personal Injury Attorney in Kansas City?
Lawyers with more than 100 years of combined experience serving Missouri and Kansas
Established in 1980, White, Graham, Buckley & Carr, L.L.C. is a client-focused, results-oriented personal injury and employment discrimination law firm. We understand the stressful nature of a serious injury or job-related problem, and we have an open office environment where clients can feel comfortable discussing the details of their cases. This level of compassion for our clients mirrors our intensity for pursuing just compensation we are known in the legal community as a law firm always willing to try cases if it means getting better results.
We know the outcome of a lawsuit can drastically alter the course of your life. To better serve those in need, we devote our practice to helping clients whose cases involve:
We also provide assistance with traffic violations and consumer fraud cases.
Bryan White And Gene Graham Obtain Supreme Court Ruling In Favor of Missouri Workers Who Have Been Retaliated Against For Filing Workers’ Compensation Claims
On April 15, 2014, Bryan White and Gene Graham won an appeal before the Supreme Court of Missouri and overturned a 30 year old ruling that had allowed discrimination against employees who filed workers’ compensation claims. The firm represented employee John Templemire, who believed he had been terminated by his employer for filing a workers’ compensation claim. By statute, Missouri prohibits any discrimination against workers who have been injured on the job and have filed workers’ compensation claims. In 1984, however, the Supreme Court of Missouri held that an employee who was discriminated against could not prevail in a lawsuit against the employer unless the employee could prove the filing of a workers’ compensation claim was the only reason for the employee’s termination. This standard allowed discrimination, because the employer was permitted to retaliate against the employee as long as some other factor (like alleged insubordination) also had a role in the employer’s treatment of the employee. Our firm challenged this unfair, incorrect standard after the trial of John Templemire’s case. On appeal, the Supreme Court agreed that the current standard was incorrect and unjust and ruled that if the filing of a workers’ compensation claim played any part in the employer’s decision to terminate or retaliate against an employee, the employer has engaged in unlawful discrimination. Now Missouri workers will finally enjoy the protections from discrimination that Missouri law was meant to provide, and attorneys can provide meaningful help to those workers who have been unlawfully discriminated against for exercising their statutory workers’ compensation rights. The case is Templemire V. W&M Welding, Inc., SC93132, available here:http://www.courts.mo.gov/file.jsp?id=72255
Bryan White and Gene Graham are attorneys in the firm of White, Graham, Buckley & Carr, L.L.C. They primarily practice in the areas of employment litigation, personal injury litigation, commercial litigation and consumer fraud.
Clients who come to White, Graham, Buckley & Carr, L.L.C. have more than just qualified attorneys on their side they also get to work with our team of knowledgeable, personable staff members. In addition to their work with the law firm, Kim Buckley, Kathy Austin and Denise Sandberg are all actively involved in supporting children and young adults during their formative years.
Our attorneys have successfully litigated many types of personal injury and accident cases throughout Missouri, including but not limited to cases involving:
- Personal Injury
Personal injury lawsuits occur when individuals are hurt by the careless, reckless or intentional actions of other people or businesses. When a person or business is found to be at fault or responsible by law for the injury of another person, they are legally liable for the injuries and can be held accountable to financially compensate the victims in the case.
- Medical Malpractice
Medical, physician and hospital malpractice lawsuits and claims occur when patients become injured or even at times killed as an outcome of negligence or intentional actions of a physician, nurse or any other medical care provider. Medical malpractice cases can be the result of hospital errors, injuries to a baby or the mother during labor and delivery, errors made during surgery, medication errors, medical misdiagnosis, cancer misdiagnosis or failure to diagnose cancer (breast cancer, bladder cancer, lung, pelvic, ovarian, cervical), the misreading of X-rays or test results, radiologist errors, cases of HMO misconduct, adverse dangerous drug reactions, and the failure of medical devices.
- Wrongful Death
A wrongful death claim is when someone dies and the death has occurred due to the negligence or actions of another individual or business. Wrongful death cases can arise from many negligent actions of others such as, a death caused by a drunk driver, a building or structure that is unsound or improperly constructed, the failure or manufacturing of a defective product and the failure to correctly or in a timely manner diagnose a disease that becomes fatal.
- Employment Discrimination
Employment discrimination lawsuits generally occur when a job applicant or an employee is subjected to unfair treatment due to his or her race, religion, skin color, national origin, gender, disability, or their age. In the United Sates it is against the law to discriminate in any way in employment, including the hiring process. However, these laws do not stop employment discrimination from happening often in the workplace.
- Elderly Neglect & Nursing Home Abuse
Elderly neglect and nursing home abuse lawsuits often involve bed sores/pressure ulcers, slip and falls within the nursing homes, physical assaults, sexual abuse/assault, physical or chemical restraints, choking, malnutrition, dehydration, clogged breathing tubes, severe burns and many other forms of injury that often happen within assisted living facilities, nursing homes and at home healthcare providers place of residence.
- Car Accidents and Truck Accidents
Each and every time a person gets behind the wheel of their car or truck, they are taking on a portion of the responsibility of the safety of every other person out on the road or highway. Car crashes unfortunately happen more often than anyone could imagine. If a vehicle accident is due to the negligent driving or their careless actions have caused injuries or have killed another person, the driver that caused the accident has to be held accountable for their actions.
Recent Settlements Continued:
Plaintiff, a 22 year old college student, sustained serious burns from a fireworks explosion on July 7, 2012. Plaintiff was attending the party hosted by the Defendants at the request of her then boyfriend, who had been asked to help set off the fireworks display planned for that evening. Defendant homeowners had hosted a 4th of July party on several other occasions and were the hosts of the party again in 2012. They served food and alcohol to those in attendance and the party routinely featured a large fireworks display. Documents produced by the Defendants indicated the Defendants purchased nearly Seven Thousand Dollars ($7,000.00) worth of fireworks for the fireworks show that evening.
The Defendants had asked one of the homeowners’ brother and plaintiff’s boyfriend to assist with the fireworks display. Although Defendants claim they instructed the individuals assisting with the fireworks display to refrain from alcohol use, several of those in attendance testified that all of the individuals involved with setting off the fireworks that evening were drinking alcohol. The homeowner testified he provided no instruction or training to his brother and those responsible for setting off the fireworks, but simply told them to “do as they had done it in the past.” The brother recruited a few other friends who showed up that evening and began unwrapping all of the mortars and placing them all in one central box, which was located within ten feet of the table being used to shoot off the mortars. The remaining fireworks were stored in a trailer attached to a truck owned by the Defendant, which was parked less than fifty (50) feet from the “display table.”
As they were preparing to set off the display, someone, whose identity was never confirmed, lit one of the large mortars, apparently to either start the display or let the party goers know the display was getting ready to begin. This mortar experienced a “low burst” and exploded within 15 feet of the ground, sending embers and debris directly into the box of mortars. This box then ignited a chain reaction, sending mortars into the trailer, which quickly exploded.
Plaintiff was standing on the ramp to this trailer and tried to escape the flames, but was caught in the ensuing fire. She suffered burns to 17% of her body and was immediately transported to KU Medical Center Burn Unit for treatment of her burns. She spent seventeen (17) days in the hospital and eventually was released with some scarring as a result of the treatment. Plaintiff has made a strong recovery from these burns, but unfortunately did suffer permanent scarring on her left arm, neck and legs. She has had some follow up care, but a majority of the medical expenses were incurred for her initial stay in the hospital. The scars are not amenable to further treatment and therefore future medical care was not part of the settlement.
Originally, the case was filed against only the homeowners of the property. The homeowners filed third-party petitions against the brother and the other people recruited to set off the fireworks. After several depositions, a mediation was held with all parties in attendance and the claims of plaintiff were resolved with all parties contributing to the total settlement of Eight Hundred Fifty Thousand Dollars ($850,000.00).
Experts: None disclosed
Settlement Amount: $850,000.00
Good lawyers helping good people
There is no need to struggle with a complex legal situation on your own contact an attorney from our Independence, MO law firm online if you have been seriously injured or are facing discrimination at work. We offer free initial consultations, operate on a contingency fee basis, and take pride in our ability to see families and individuals through the entirety of their personal injury or employment discrimination claim. We can come to your home or hospital if you are unable to travel to our office and have evening and weekend hours available on an appointment-only basis.
Located close to the Independence Center and the new Independence Event Center, White, Graham, Buckley & Carr, L.L.C. works with clients throughout Eastern Jackson County, the Kansas City Metropolitan Area, Missouri and Kansas.