We Get Results

Brady Preston Gronlund was actively involved as one of the Plaintiffs’ counsel in Rieff v. Evans, et al., filed in Polk County (Case No. CE35780). Rieff was a class action and derivative action that was litigated for seven years and resulted in three appeals to the Iowa Supreme Court. The first two appeals resulted in reported decisions, and the third appeal was pending when the case was settled. The first appeal is reported at Rieff v. Evans, et al., 630 N.W.2d 278 (2001). It is the first known case holding that a mutual insurance company policy holder may bring an action for "defacto demutualization" of an insurer and allowing policy holders to bring a derivative action against their insurer. The decision also addressed the relationship of class actions, derivative actions, the relation back doctrine and the fraud and discovery exceptions to the statute of limitations. The second decision, reported at Rieff v. Evans, et al., 672 N.W.2d 728 (Iowa 2003) established that there is no “case complexity” exception to the right to a jury trial. Rieff was eventually settled for a cash payment of $127.5 million.

Results: $127.5 million

Attorney Brad Brady represented a class of purchasers of products and services from a nationally known financial advisor and best-selling author based upon claims of consumer fraud and misrepresentation to recover the purchase price of products and services. A jury awarded actual and punitive damages in the amount of $16.8 million.

Results: $16.8 million

Brad Brady filed suit against a bank, attorney and others on behalf of judgment holders for fraudulent transfer and concealment of funds and violation of the federal RICO statute. After favorable pretrial rulings, our clients recovered $2.43 million in settlement.

Results: $2.43 million

In 2008, Brady Preston Gronlund filed a class action lawsuit on behalf of farmers located in Iowa and several other surrounding states who had purchased a claimed soybean nutrient. We alleged that the product was marketed as providing a tested, proven and significant yield increase, but that in fact it failed to provide any material yield increase. The Defendants agreed to settle the case that had been filed seeking class action status for a cash payment of $2 million. Even after attorneys' fees and expenses, the settlement class members received more than their full purchase price in the settlement.

Results: $2 million

Our client, an amusement device company, sued the State of Iowa to recover losses arising from the State’s failure to continue the “TouchPlay” video lottery program. The case involved many novel legal theories, including partnership and agency theories, whether an implied contract with the State may be breached though legislation, and the scope of promissory estoppel against the State. Our client recovered a settlement in the amount of $1,050,000 million in cash and debt forgiveness of $522,585. We subsequently represented two other business and obtained recoveries from the State for their losses.

Results: $1,572,585

The firm recently obtained a judgment of over $1,100,000 on a client's breach of contract claim, and obtained a dismissal of a counterclaim seeking a similar amount, following a trial in federal court in Cedar Rapids. The case involved a number of complex issues concerning the scope of a business agent's authority.

Results: $1.1 million

Our client and his family were traveling on an Iowa highway when the wheel of a semi also on the highway fell off the truck and collided with our client's vehicle. The vehicle was forced off the roadway and rolled and our client sustained a severe and debilitating back injury. Brady Preston Gronlund brought suit against the driver of the semi and the trucking company who owned the semi, alleging theories of negligent operation and failure to properly maintain the vehicle under the Federal Motor Carrier Safety Act and other laws. Brady Preston Gronlund hired a truck maintenance expert to provide evidence on behalf of the Plaintiffs. The Plaintiffs received a favorable settlement from the Defendants.

Results: $975,000

Our client was sued by other driver involved in an automobile crash for making a left turn into the other driver’s lane of traffic. Our client, who effectively lost sight in one eye due to her injuries from the crash, counterclaimed that the Plaintiff was the one who was negligent in causing the crash because she was speeding and had failed to keep a proper lookout. After our client’s insurer paid the other driver’s claim, we tried our client’s case to a jury. The expert accident reconstructionist hired by Brady Preston Gronlund showed the jury how the other driver had sufficient time brake and otherwise avoid the accident. The jury returned a damages verdict of $661,203.27 and found our client only 20% at fault.

Results: $528,923

Our client was fired from a long-term employment position and deprived of expected inheritance by the defendant, who misled the client’s employer into believing that our client was acting contrary to the employer’s interests. The jury awarded actual and punitive damages in the amount of $438,000, including the only known verdict in Iowa for interference with inheritance.

Results: $438,000

Our firm represented a young mentally disabled girl who was sexually assaulted when she went missing from school during the school day and the school did not take any action to notify her mother or authorities or to attempt to locate her. Our attorneys obtained a jury verdict against the negligent school district in the amount of $350,000. The school district appealed the verdict to the Iowa Supreme Court claiming that it should not be responsible for injuries that occur off of school grounds and after school hours. The Iowa Supreme Court rejected the school's claim and upheld the jury verdict.

Results: $350,000

Following a seven-day jury trial, our firm recently obtained a verdict of more than $330,000 on behalf of our client, who had brought suit against his former employer for unpaid wages due him under an Employee Retention Plan. Our client was awarded unpaid wages and liquidated damages. The case involved contract interpretation by the jury, application of Iowa’s Wage Payment Collection Act, and assessment of the employer’s claim of “for cause” termination under the Retention Plan.

Results: $330,770

Our client was injured during a logging operation in East Dubuque, Illinois. We obtained a settlement from the owner of defective equipment that caused his injury.

Results: $290,000

Brady Preston Gronlund represented an employee who had become disabled while insured under a long-term disability policy. Our client was denied long-term disability benefits by his insurance carrier. Brady Preston Gronlund brought suit on his behalf against the insurance company in federal court in the Northern District of Iowa. The Court found that the insurance company had abused its discretion in failing to consider certain evidence related to our client’s disability and ordered that the insurance company reconsider their denial of benefits. After the Court’s ruling, the case settled for $260,000.

Results: $260,000

Our client fell and was injured while using an unsafe ladder during work. His employer failed to carry workers compensation insurance. The employer agreed to pay $250,000 in settlement.

Results: $250,000

Our client, a wife and mother, was injured when she was rear-ended by an inattentive truck driver. We recovered a settlement of $225,000 on behalf of her and her family.

Results: $225,000

A Linn county resident suffered from Alzheimer's and was living in a nursing home. He died while in the facility's care from severe dehydration at the age of 77. Brady Preston Gronlund filed a suit against the nursing home on behalf of decedent's estate, alleging numerous failures of adequate care resulting in the resident's death. The Defendant agreed to settle and compensate the estate $218,000.

Results: $218,000

Plaintiff suffered an ankle injury when a young driver turned in front of him at a crossing on a divided highway. The Plaintiff recovered $190,000.

Results: $190,000

Our client was rear-ended when the other driver was distracted while using a cell phone. His claim that he had not been using the phone was contradicted by his phone records.

Results: $187,500

We represented the children of an intoxicated person who died after spending the day drinking with the bar owner, who had passed out at the bar before the crash. We recovered for the children under Iowa’s dram shop law.

Results: $180,000

Our clients, employees of a startup cellular telephone company, sued the owner of the company for depriving them of expected stock option benefits. The jury awarded the full amount of actual damages of $150,000.

Results: $150,000

Our client suffered an ankle injury when a vehicle crossed the center line on rural highway and collided with him.

Results: $150,000

Our client, a motorcycle driver, was struck when a semi made a wide turn at an intersection, cutting off the motorcyclist in the outside lane. The jury awarded him $140,000.

Results: $140,000

Brady Preston Gronlund tried a federal jury trial on behalf of two truck drivers against a large nationwide food service delivery company. The suit involved an attempt to enforce a multiple year oral contract against the drivers. The case was vigorously defended, including significant motion practice by the defendants related to statute of frauds and other defenses. Brady Preston Gronlund was successful in overcoming each of those motions and numerous other challenges by defendant, and obtained a judgment in the amount of $120,000.

Results: $120,000

Our client, a 9-year-old child, and her parents filed a lawsuit against a school for failing to supervise the child while using new playground equipment, with which the school children were unfamiliar. The child broke her arm during the fall. The jury awarded a verdict in the amount of $120,000.

Results: $120,000

Our client, a motorcyclist, suffered ankle injuries when a driver failed see him and pulled in front of him. Although it initially appeared the only available insurance coverage was the $20,000 policy of the other driver, we demanded copies of our client’s insurance application and learned that he had not properly rejected that coverage as required by Iowa law. We obtained an additional $100,000 policy from his auto insurer.

Results: $120,000

Our client, a student at Iowa State University, suffered dental injuries after being hit by an errant puck while watching an ice hockey game. We filed suit against the State of Iowa for failing to design the rink safely and failing maintain it in a safe condition. The State paid $117,500 in settlement.

Results: $117,500

Our client fell and injured her knee while shopping at an outside display at Walmart. A merchandise rack which partly obscured a difference in surface elevation caused her to fall. Although she had limited medical expenses and lost wages, the jury found damages of $112,813.55 and found our client had only 17% of the fault for the fall.

Results: $112,813

Plaintiff accidentally was shot with lead pellets when another hunter’s gun accidentally discharged. The other hunter’s insurance denied both liability and damages but eventually paid its policy limits without the need for a trial.

Results: $100,000

Our client suffered soft tissue back injuries when a vehicle turned in front of him while he was test driving a vehicle during the course of his employment. The jury awarded $85,000 in damages.

Results: $85,000

Our client, a student at the University of Iowa, sued the State for negligence in maintaining property on campus after she stepped into a hole near a sidewalk on University property. The jury awarded her $73,500 in damages.

Results: $73,500

Our client suffered a broken arm as a result of a bicycle accident while riding on a bike trail in Iowa City and traveling around a sharp curve that was covered in dirt and sand. We brought a claim against the City of Iowa City and obtained expert opinions that the curve was not designed or maintained accordance with applicable guidelines because it was too sharp. We also located and secured testimony from several eyewitnesses that the curve was very dangerous and that, despite the City's claim, our client was not traveling too fast. This case was settled after Brady Preston Gronlund obtained a favorable court ruling establishing that the City could be sued for negligently designing and failing to maintain the bike trail.

Results: $45,000

Our client, her husband and her infant child sued a hospital and doctor to recover for injuries to the mother and child sustained during child birth, including shoulder dystocia suffered by the child. Plaintiffs’ attorneys retained nationally recognized experts from Maryland and Florida and locally to establish liability and damages. They recovered a confidential and satisfactory amount in settlement.

Results: Confidential

Brady Preston Gronlund filed a wrongful death lawsuit against a drunk driver and two establishments serving alcohol to the driver after a single car crash on behalf of the parents of their adult child who was killed in the crash. The defendants paid a confidential and satisfactory amount in settlement.

Results: Confidential

Our client, a four-year-old boy, suffered from lead poisoning between the ages of two and three while his family was renting a home through the Section 8 housing assistance program. Our office brought claims against the landlord and the City of Cedar Rapids because the property had been inspected by the Housing Department before our clients had moved in and had mistakenly been found to be safe. We presented expert opinions that the Housing Department did not properly inspect the property or comply with numerous federal regulations. We also presented expert opinions from a pediatric neuropsychologist and a pediatrician with an expertise in lead poisoning that our client had suffered permanent injuries, including decreased intelligence, as a result of being lead poisoned. This case was satisfactorily settled, however the amount of settlement is confidential.

Results: Confidential

Our clients, a husband and wife, were injured in an auto accident involving their mini-van and a seventeen-ton Chevrolet truck that was operated by a driver who was under the influence of alcohol. They suffered severe and disabling injuries, including the wife’s loss of an eye requiring prosthetic replacement. Brady Preston Gronlund filed a lawsuit against the truck driver, his employer and the bar that unlawfully served alcohol to the driver in the hours leading up to the accident. The lawsuit sought monetary damages on behalf of the couple and their three children. After engaging in extensive discovery and retaining necessary experts, the matter settled and our clients were paid fairly and adequately to compensate them for their injuries.

Results: Confidential

Brady Preston Gronlund represented an apprentice electrician employed by an electrical subcontractor on a construction project. Our client was electrocuted and suffered a fall while on the job, causing severe injuries. After he resolved his workers compensation claim with his employer, Brady Preston Gronlund brought suit on his behalf against the general contractor on the project, claiming the general contractor breached its duty to ensure a safe workplace by failing to have proper "lock-out/tag-out" procedures. The safety expert hired by Brady Preston Gronlund provided evidence on how the defendant had violated OSHA and other laws. The case was settled for a confidential amount.

Results: Confidential

Plaintiffs were persons who were residents of eight different states who had relied on advice by financial planner to drop uninsured motorist and certain types of life insurance coverage. We represented those Plaintiffs in separate actions and reached a consolidated, confidential satisfactory settlement for each of them.

Results: Confidential

After a man was killed by an uninsured driver, Brad Brady represented his widow and children in a suit against the nationally known financial advisor and best-selling author who had recommended that the couple drop uninsured motorist and other insurance coverages. After a jury trial on liability that was reported by national press and media, the jury found overwhelmingly that the advisor had committed fraud. The advisor paid a confidential, satisfactory amount in settlement.

Results: Confidential

Our client brought a lawsuit against an ayurvedic medicine manufacturer and clinic after ingesting a pregnancy herbal supplement that contained extremely high levels of lead. She settled her claims for a satisfactory and confidential amount.

Results: Confidential

Our clients, a family, suffered lead poisoning while renovating their home. Our clients had not been provided the required notice of lead paint hazards at the time that they purchased the property and were not aware of any lead hazards before beginning the renovation. Our office brought claims against the realtors involved in the transaction as well as the sellers of the home for failing to provide the lead based paint notice required by law. The case was settled for a confidential amount.

Results: Confidential

Our client, a small child, suffered lead poisoning while residing in multiple properties throughout Iowa. Our office brought claims against several landlords and management companies under the Iowa Landlord-Tenant Act as well as other claims. After all but one of the landlords settled, the Plaintiff obtained a jury verdict against that landlord, which included a punitive damages award.

Results: Confidential

Brady Preston Gronlund represented the estate of a young Iowa man who was killed while vacuuming corn within a storage structure at an Iowa farm. The powerful vacuum he was using came out of his control and due to the enormous amount of corn the vacuum was displacing, the corn began to engulf him. Within moments, the man became completely engulfed and subsequently suffocated. After the deceased man's family recovered a workers compensation claim against his employer, Brady Preston Gronlund brought suit against numerous parties who had additional liability for the worker's death, with claims involving grain handling standards, confined space requirements, and products liability. Defendants included the deceased man's employer, two companies intimately connected with the employer, two individuals who acted as the deceased man's managers, a company hired by the employer to do safety training for its employees, and the manufacturer of the grain vacuum. Brady Preston Gronlund successfully negotiated six-figure settlements with multiple defendants. The total settlement is confidential.

Results: Confidential

We represented the family of a man who died of a heart attack while he was in the hospital recovering from neck surgery. His prescription for Plavix was temporarily suspended to avoid excessive surgical bleeding. We claimed that, despite his high risk for heart attack, inadequately trained hospital staff mistook his heart attack symptoms as post-surgical complications. After extensive expert and other discovery, the hospital ultimately settled with our clients shortly before trial. The amount of the settlement is confidential.

Results: Confidential

Our client, a passenger in a vehicle, was injured when she was ejected from the vehicle traveling at highway speed on the interstate. The driver of the vehicle had been drinking at area bars and was operating the vehicle under the influence of drugs and alcohol. Our client insisted that the driver let her out of the vehicle before the crash. He refused, continued to drive recklessly and then rolled his vehicle, causing her to be ejected, landing on the roadway. She suffered severe and disabling injuries, including multiple broken bones, numerous internal injuries, and total permanent blindness in both eyes. Brady Preston Gronlund filed a lawsuit against the driver and the bars that unlawfully served alcohol to the driver in the hours leading up to the accident. Brady Preston Gronlund obtained an expert opinion from a forensic toxicologist concerning the amount of alcohol, level and timing of intoxication to establish liability of the bars. After several mediations, our client received a confidential and satisfactory settlement.

Results: Confidential

We sued an auto manufacturer for a defective seat belt after our client was ejected and partially paralyzed during a rollover accident, during which the seat belt failed. Our client and his wife received a confidential, satisfactory settlement.

Results: Confidential