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Monthly Archives: March 2017

Attorneys Dean Nichols and Jim Ribaudo Successfully Affirm Decision in Favor of the Existence of an Easement

PS Partner: Dean Nichols

PS Associate: Jim Ribaudo

We Represented: Ernest Rosener, Jr.

Venue:  Missouri Court of Appeals, Eastern District

Facts: Judgment of the trial court finding in favor of the existence of an easement for our client on the basis of a road maintenance agreement recorded prior to the transfer of property.

Verdict:  Appeal – Judgment Affirmed

 

Eight Pitzer Snodgrass P.C. Attorneys Recognized as 2016 Missouri Super Lawyers

Each year, Super Lawyers rate outstanding lawyers from over 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The selection process starts with peer nominations which are then validated by 3rd party research which looks at 12 different evaluation categories.  The evaluations are then reviewed by a highly credentialed panel of attorneys who choose the top 5% Super Lawyers and the top 2.5% of Rising Stars.

Pitzer Snodgrass, P.C.  is proud to recognize 8 of our attorneys who were added to the 2016 list of Missouri Super Lawyers:

Gary Snodgrass, Principal at Pitzer Snodgrass, P.C.   Gary Snodgrass – Top Rated Professional Liability Attorney

Don O'Keefe, Principal at Pitzer Snodgrass, P.C.   Don O’Keefe – Top Rated Transportation & Maritime Attorney

Jerry Simon, Principal at Pitzer Snodgrass, P.C.   Jerry Simon – Top Civil Litigation Attorney

Bill Thomas – Civil Defense Attorney, Pitzer Snodgrass, P.C.   Bill Thomas – Top 50 Attorney and Top Construction Litigation Attorney

Robyn Fox, Principal at Pitzer Snodgrass, P.C.   Robyn Greifzu Fox – Top Insurance Coverage Attorney

Mike Hamlin, Principal at Pitzer Snodgrass, P.C.   Mike Hamlin – Top Personal Injury Attorney, Rising Star

Derek Ruzicka, Associate at Pitzer Snodgrass, P.C.   Derek Ruzicka – Top Product Liability Attorney, Rising Star

Brian Connolly, Associate at Pitzer Snodgrass, P.C.   Brian Connolly – Top Personal Injury General Defense Attorney, Rising Star

Additional information about Super Lawyers and their evaluation process can be found on superlawyers.com.

Summary Judgment Granted for Construction Contract Defense in St. Clair County

PS Partner:  Dean Nichols

PS Associate:  Chris Enger

We Represented:   Red-E-Mix, LLC (Buzzi Unicem USA, Inc.)

Venue:  St. Clair County, IL

Facts:

Our client, Red-E-Mix, was added to this case as a third-party defendant to an underlying breach of contract action for alleged defects in plaintiffs’ driveway.  Red-E-Mix, the provider of the concrete, was joined as a third-party defendant. The third-party complaint alleged that the concrete provided by Red-E-Mix was defective. We filed a fourth-party complaint upon Columbia Quarry, alleging that the aggregate used in the concrete was defective. Both Red-E-Mix and Columbia Quarry moved for Summary Judgment on the basis that Illinois does not recognize implied indemnity when the underlying claim sounds in contract and there is no tort claim. The motions were granted because Avalon could not show that either Red-E-Mix or Columbia Quarry expressly indemnified it and the judge agreed that implied indemnity was not a valid cause of action on an underlying contract claim.

Verdict:  Summary Judgment Granted for Defense

Michael Hamlin and Ryan Niehaus Obtain Dismissal for Third-Party Administrator

PS Partner:  Michael Hamlin

PS Associate:  Ryan Niehaus

Facts:

Principal Michael Hamlin and Associate Ryan Niehaus obtained an order granting a Motion to Dismiss based upon lack of justiciable controversy.  Plaintiff filed a class action lawsuit against PS’ client, a third-party administrator, seeking declaratory and injunctive relief that plaintiff not be obligated to reimburse amounts paid for nurse case management fees associated with plaintiff’s workers’ compensation claim.  Mr. Hamlin and Mr. Niehaus argued that there was no justiciable controversy since the third-party administrator did not hold the subrogation claim.  Instead, pursuant to Missouri’s Workers’ Compensation Act, only the employer and the employer’s insurer hold the claim for subrogation – not the third-party administrator.  The court granted defendant’s motion and dismissed plaintiff’s class action suit.

Michael Hamlin Obtains Dismissal for Lack of Personal Jurisdiction

PS Partner:  Michael Hamlin

Facts:

Principal Michael Hamlin obtained an order granting a Motion to Dismiss for Lack of Personal Jurisdiction.  Plaintiff claimed to have suffered a traumatic brain injury as a result of striking his head multiple times while a passenger in a vehicle driven by Pitzer Snodgrass’ client.  The accident occurred in the Congo and PS’ client was a resident of Maryland.  Mr. Hamlin challenged the court’s ability to exercise personal jurisdiction over the defendant.  Plaintiff argued that the defendant had systematic, continuous, and substantial contacts with Missouri, such that personal jurisdiction should be asserted.  Following oral argument, the court granted defendant’s motion and dismissed Mr. PS’ client.

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