Products Liability Defense
The attorneys at Turner, Reid, Duncan, Loomer & Patton, P.C., have garnered a nationwide reputation for excellence in defending corporate clients in complex products liability cases. We have represented automotive manufacturers since 1970 and have tried numerous automotive products cases to verdict, including allegations relating to general crashworthiness, seat belts, airbags, fuel delivery systems, cruise control systems, roof crush, rollover propensity, seat heaters, suspension and chassis components, tires, backup alarms, glazing, interior trim, steering gears, and bumpers. For decades, the firm has also represented manufacturers of other products, such as wheel rims, tires, seat belts, batteries, airbags, lawn mowers, recreational toys, inflatables, motorcycles, bicycles, helmets, child seats, children’s toys, wood chippers and grinders, electrical devices, commercial grade heaters, tree stands, dicers, livestock feed, poultry processing products, chicken cages, cargo trailers, utility trailers, car trailers, and nutraceuticals.
Our firm has extensive experience and expertise in every stage of a complex products liability case. With this experience, we have developed a high level of understanding of the complex legal and factual issues implicated in complex products cases and can offer insight as to how these claims can be successfully defended. We know the importance of a thorough investigation regarding the product and its history and the facts and circumstances surrounding the incident. We are also familiar with the discovery tactics utilized by aggressive Plaintiffs’ lawyers and how to successfully combat those tactics in state and federal court. Our approach is proactive as well, using discovery offensively to obtain the necessary information to succeed at trial. We are assertive at every stage of litigation with appropriate motion practice, including Daubert motions, motions to dismiss, motions to compel, motions in limine, motions for summary judgment, motions for judgment on the pleadings, and motions for directed verdict, among others. At trial, we are uncompromising in our pursuit of all appropriate factual, evidentiary, and legal issues to yield the best result for our clients.
The firm also has a great deal of experience handling document collection and discovery for large, national companies in multiple-issue and multiple-defendant products cases, including creating reading rooms, document repositories, and document collections. While the goal in discovery is tailored to each particular situation and venue, we have been successful in providing cost-effective discovery counsel that avoids motions to compel and motions for sanctions. Our approach is to prevent litigation from becoming about discovery rather than the merits and resolution of the case.
The firm has litigated a wide variety of products liability cases on behalf of its clients across the United States and its territories, both in state and federal court, including:
- New York
- U.S. Virgin Islands
Over the years, the firm has represented many manufacturers and greatly values the relationships it has developed and maintained with its clients. Some of the firm’s representative clients include: Ford Motor Company, General Motors Company, Segway, Inc., Kia Motors Corporation, Mitsubishi Motors of North America, Inc., Toyota Motor North America, Inc., Kawasaki Motors Corporation, Columbus McKinnon Corporation, FLB Toys USA, Inc., Bright Coop, Inc., Vermeer Manufacturing Co., Iovate Health Science, Inc., Graco Children’s Products, Inc., Cooper Wiring Devices, Inc., U-Haul International, Inc., Harley-Davidson USA, Purina/Land O’ Lakes, and many others.
We have successfully litigated — whether through trial, appeal, or alternate dispute resolution — innumerable cases involving a vast array of products. Our clients know that they will be the ultimate beneficiaries of those years of experience and the high level of expertise that we bring to our cases.
Bad Faith and Extra-Contractual Liability
The firm has extensive experience and expertise in not only defending insureds who have been sued, but also in representing insurance companies in complex coverage matters and “bad faith” claims in both state and federal courts. Insurance “bad faith” claims have recently become more pervasive and problematic for insurance companies in Missouri. Through years of experience, the attorneys here have developed a high level of understanding of the complex legal and factual issues implicated in those types of cases and can offer insight as to how those claims can be either prevented or defended.
While Turner Reid regularly defends “bad faith” claims, we are also often able to help insurance companies act proactively to avoid potential “bad faith” allegations altogether, by working with your company during the claims process, and applying our experience to give advice during the claims handling process to minimize potential bad faith exposure.
Turner Reid has worked with numerous insurers, including Shelter Mutual Insurance Company, Haulers Insurance Company, Inc., Farm Bureau Town & Country Insurance Company of Missouri, Southern Farm Bureau Casualty Insurance Company, GEICO, ACUITY Insurance, American Family Insurance Company, The St. Paul, Sentry Insurance, The Bar Plan, and many others, to develop strategies for promptly and properly responding to claims and defending bad faith allegations.
A class action claim can pose a significant threat to the future of any business or commercial enterprise. Recognizing the impact these claims have on businesses, we work with our clients to develop solid defense strategies to defend against complex litigation. We are experienced in navigating multi-district litigation and have defended class action lawsuits at both the state and federal level. The firm’s class action team has experience defending cases involving medical devices, consumer products, food ingredients, chemicals, automotive products, insurance policies and benefits, and financial services.
Health Law-Medical Negligence
For over forty years, Turner, Reid, Duncan, Loomer & Patton, P.C., has defended hospitals, clinics, physicians, nurses, dentists, oral surgeons, nursing homes, pharmacists, and other healthcare facilities throughout southern Missouri. Among our clients, the firm represents Mercy Hospitals and Clinics (formerly St. John’s) and CoxHealth Hospitals and Clinics. The firm has also successfully represented the insureds of insurance companies that provide professional liability coverage, such as Healthcare Services Group, The Doctors Company/Intermed, MoDocs, and PPIC. Our attorneys have a sophisticated level of medical knowledge gained from years of representing healthcare professionals in a multitude of clinical scenarios. We have successfully represented healthcare providers and obtained defense verdicts at trial and on appeal and successful resolutions in alternate dispute resolution settings.
Alternative Dispute Resolution
Michael J. Patton and Rodney E. Loomer bring nearly 85 years of combined legal experience to their ADR practice, having spent the majority of those years trying cases on behalf of plaintiffs and defendants in Missouri and a host of other states, including the U.S. Virgin Islands. As neutrals, collectively Mr. Loomer and Mr. Patton have mediated well over 500 state and federal cases, involving a diverse range of disputes and issues, including cases involving:
- Auto liability
- Commercial disputes
- Professional liability
- Catastrophic injuries
- Probate and estate disputes
- School liability
- Breach of contract
- Debtor-creditor claims
- Disputes between law firms
- Industrial accidents
- Product liability
- “Bad faith” and extra-contractual claims
- Boating and marine liability
- Medical negligence/malpractice
- Farm liability
Mr. Patton is on the List of Approved Mediators, Civil Practice, 30th Judicial District of Missouri. He has mediated numerous cases pending in the United States District Court for the Western District of Missouri. In 2019 he became a member of the National Academy of Distinguished Neutrals.
Mr. Loomer is on the list of Approved Mediators, Civil Practice, 30th Judicial District of Missouri, and is on the United States District Court for the Western District of Missouri’s list of outside mediators.
Turner Reid has successfully defended and tried a variety of mass tort and complex litigation involving asbestos, automobile defects, building products, industrial equipment and machinery, manufactured homes, pelvic mesh, artificial butter flavoring, radiation exposure, toxic exposure, and many others. The firm has experience litigating cases of this type in numerous state and federal courts, both at trial and on appeal. Our staff is experienced in handling the significant discovery and trial obligations that come with complex litigation. We have earned a national reputation for providing significant value with well-managed litigation teams. In our role as national, regional, and local counsel, we handle prominent, media-intensive litigation. The firm works with its clients to develop public relations strategies, which maintain client confidentiality, while conveying appropriate messages through electronic and print media.
Premises liability claims are one of the most common potential sources of liability exposure for any home or business owner. Our attorneys have defended hundreds of claims and lawsuits brought against homeowners, businesses, manufacturing facilities, healthcare facilities, landlords, retail stores, and others, by individuals who are injured on someone else’s property. We confidently defend these claims, which often arise from slip/trip-and-fall accidents, falling objects, building code and ADA violations, lack of warnings or barriers, and even violent crimes committed by third parties. In addition to providing a vigorous defense, we also work with our clients to help them implement best practices in their day-to-day operations, so as to perhaps prevent future injuries and claims.
Our clients have included Ford Motor Company, Wal-Mart, Missouri State University, Bass Pro Shops, Big Cedar Lodge, Dogwood Canyon Nature Park, Top of the Rock, Wonders of Wildlife, Cintas Corporation, Mercy Hospitals and Clinics (formerly St. John’s), CoxHealth Hospitals and Clinics, insureds of Shelter Mutual Insurance Company, Haulers Insurance Company, Inc., Farm Bureau Town & Country Insurance Company of Missouri, Cameron Mutual Insurance Company, American Family Insurance Company, and many others. We approach each claim with our clients’ goals in mind, whether they want to aggressively defend the claim, minimize defense costs, send a message to deter frivolous claims, or simply take the course of action that is most likely to lead to a favorable resolution for all interested parties.
The lawyers at our firm have represented building and design professionals involved in all stages of both residential and commercial construction, including contractors, sub-contractors, developers, owners, engineers, and architects. We have extensive experience in construction-related litigation, including the insurance coverage disputes that often arise in these types of cases. Over the years, we have represented both plaintiffs and defendants in cases involving a wide range of claims and issues, including:
- Construction defects
- Breach of contract claims
- Design defects and flaws
- Insurance coverage
- Warranty claims
- Negligence claims
- Indemnity claims
These cases often become very complex and commonly result in the addition of multiple parties to the lawsuit. Our attorneys have the experience and expertise to provide high quality representation to our clients in construction-related matters, and we take great satisfaction in getting them through what might otherwise be a very difficult and troublesome experience.
Business Disputes And Commercial Litigation
In addition to Turner Reid’s vast experience in various fields of civil litigation, we also routinely counsel clients regarding business disputes and commercial matters. We provide our business clients with advice regarding various business and commercial matters including: formation and management of the various forms of business entities, sales and services agreements, employment contracts, non-competition agreements, the Missouri Merchandising Practices Act, the Fair Debt Collection Practices Act, secured transactions, real estate transactions, and many others.
Insurance Coverage and Defense
From the firm’s inception, the attorneys at Turner, Reid, Duncan, Loomer & Patton, P.C., have represented insurance companies, self-insured entities, and their respective insureds in a broad range of insurance-related litigation. The firm has extensive experience and expertise in not only defending insureds who have been sued, but also in representing insurance companies in complex coverage matters and “bad faith” claims in both state and federal courts. Insurance “bad faith” claims have recently become more pervasive and problematic for insurance companies in Missouri. Through years of experience, the attorneys here have developed a high level of understanding of the complex legal and factual issues implicated in those types of cases and can offer insight as to how those claims can be either prevented or defended.
The firm has litigated a wide variety of cases on behalf of its clients, including:
- “Bad faith” refusal to settle
- Third-party personal injury and wrongful death claims of all types
- Auto liability claims
- Premises liability claims
- Property damage claims
- Fire loss and storm damage claims
- Professional liability claims, including claims against medical providers, attorneys, and engineers
- Insurance agent and broker liability
- Trucking and transportation liability
- Uninsured/underinsured motorist coverage and liability
- Excess/umbrella coverage and liability
- Vexatious refusal to pay
- Extra-contractual liability
- Coverage analysis
- Equitable garnishment
- Reinsurance coverage and liability
- Municipal and governmental liability
Over the years, the firm has represented many insurance companies and greatly values the relationships it has developed and maintained with its clients. Some of the firm’s representative clients include: Shelter Mutual Insurance Company, Haulers Insurance Company, Inc., Farm Bureau Town & Country Insurance Company of Missouri, Southern Farm Bureau Casualty Insurance Company, GEICO, ACUITY Insurance, Cameron Mutual Insurance Company, American Family Insurance Company, The St. Paul, Sentry Insurance, Bass Pro Shops, Hobby Lobby, The Bar Plan, and many others.
Over the years, the firm has successfully litigated — whether through trial, appeal or alternate dispute resolution — innumerable cases involving a vast array of insurance-related issues. Our clients know that they will be the ultimate beneficiaries of those years of experience and the high level of expertise that we bring to our cases.
While most professionals probably accept the fact that a claim or lawsuit is simply a risk that attends the pursuit of his or her calling, we understand that it can be very distressing and troublesome to have one’s skill and professional judgment criticized – especially when that criticism comes in the form of a lawsuit. Our attorneys take great pride in having successfully represented professionals from nearly every walk of professional life.
For over forty years, Turner, Reid, Duncan, Loomer & Patton, P.C., has defended hospitals, clinics, physicians, nurses, dentists, oral surgeons, nursing homes, chiropractors, pharmacists, and other healthcare providers and facilities throughout Missouri. Among our clients, the firm represents Mercy Hospitals and Clinics (formerly St. John’s), Freeman Health System, and CoxHealth Hospitals and Clinics. The firm has also successfully represented the insureds of insurance companies that provide professional liability coverage, including Healthcare Services Group, The Doctors Company, MoDocs, and PPIC. Our attorneys have developed a sophisticated level of medical knowledge gained from years of representing healthcare professionals in a multitude of clinical scenarios. Applying that knowledge and experience, our firm has obtained favorable results for our healthcare-provider clients, whether in the form of defense verdicts at trial, successful appeals, or settlement through alternative dispute resolution.
In addition, we have also successfully defended fellow attorneys and law firms, whether insured by The Bar Plan or self-insured, against claims of legal malpractice and breach of fiduciary duty in state and federal courts and in disciplinary proceedings before the Missouri Supreme Court Advisory Committee.
Allegations of negligence against a truck driver or transportation company can vary dramatically, and accidents involving commercial motor vehicles may often result in one or more catastrophic injuries and/or deaths. We have experience handling cases involving a variety of claims, including alleged regulatory violations. We are also skilled at defending against claims involving allegations of truck company maintenance errors or mechanical issues, such as failure to replace worn tires or failure to properly inspect the vehicle.
In order to effectively defend against truck accident claims, an attorney must have a firm grasp of the nuances of the trucking industry, in addition to a strong working knowledge and understanding of the applicable federal regulations that motor carriers and their drivers are required to follow. In addition to decades of experience defending insurance companies and their insureds in these cases, we also have access to a network of knowledgeable and trusted experts, who can be called upon to lend their expertise in both the investigative stage and, if necessary, at trial.