The following cases represent the types of matters in which McKinley &
Smith has successfully represented victims of injuries and other clients in
significant litigation. Most of these results required at least one year of
aggressive work by McKinley & Smith.
Please note that the results in these cases are NOT a guarantee of success
in future cases.
Construction Fall:
McKinley & Smith represented a man who fell when a ladder, erected and
provided by a contractor, slipped while being held by the contractor. The man
landed on a cement pad. He suffered a permanent brain injury, which affected
his personality. We also represented his wife. The defendant construction
company denied that it was at fault and aggressively defended the case. We
secured a jury verdict for our clients of over $2,700,000 after a three week
jury trial, although the amount was reduced for the comparative fault of our
client.
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Electrical Burns:
Prior to forming McKinley & Smith, William McKinley and Tim Smith
represented a man who was badly burned and disfigured as the result of
electrical and fire burns. In that case, we recovered a confidential sum for
our client and his wife which will meet all of their needs for the rest of
their lives.
As a result of our representation of the victims of fire and electrical burns,
McKinley & Smith was asked to represent other burn victims including a
young boy who was badly burned and disfigured in a tragic electrical injury.
That case settled for a confidential amount.
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Trench Collapse:
McKinley & Smith represented the family of a boy that was killed and of
another boy that was injured when a trench collapsed. The case settled for a
confidential sum.
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Head-on Truck Collision:
Two semi-trucks with trailers collided head-on, each traveling over 50 mph.
McKinley & Smith represented the driver of one of the vehicles, who
suffered serious internal injuries and went through a long recovery. Between
settlements and trial, McKinley & Smith secured $1,000,000 for our
client.
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Truck-Motorcycle Collision:
McKinley & Smith represented the family of a motorcyclist killed by a
negligently operated large truck. The case resolved just before trial for
$2,000,000.
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Insurance Agent Fraud:
McKinley & Smith represented a trucking company that sustained over
$1,000,000 in losses, because they were sold an insurance policy from an
insurance company which was insolvent. At trial, we were able to prove that the
insurance agency which sold the policy misrepresented the nature of the
insurance company to our clients. The insurance agency was found liable and the
court entered judgment for over $1,400,000.
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Rear-end Collision:
McKinley & Smith recovered $600,000 for a woman who suffered bulging discs
in her back as a result of being rearended in a collision. She required
surgery, which was successful.
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Ski Defense Work:
McKinley & Smith represented a ski area where a new chairlift failed,
resulting in the death of one boy and serious injury to another boy. We were
successful in proving defects in the chairlift manufacturing process. The
defective chairlifts have been replaced.
McKinley & Smith represented a ski area where a young girl was killed in a
collision with a tree. The case went to a three week jury trial. The jury took
only one hour to return a verdict for the ski area, finding the ski area was
not at fault for the accident.
McKinley & Smith represented a ski area where a young woman was paralyzed
in a crash following a small jump. We succeeded in a pretrial motion which
removed most of the woman's claims and allowed the case to be resolved.
McKinley & Smith represented a ski area where a young man was rendered
paraplegic after crashing while jumping in a snowboard terrain park. After a
trial of nearly seven weeks, the jury returned a verdict in favor of the ski
area.
Stubborn Insurance Company:
McKinley & Smith represented the victim of a collision involving a low
speed impact. The defendant's insurance company argued that our client could
not have been injured because the impact speed was too low. We went to trial
after the insurance company refused to offer more than a token amount. The jury
awarded our client almost 20 times more than the insurance company offered. We
recovered 2.5 times the amount of the defendant's insurance policy, because the
insurance company had previously refused to accept our demand for the insurance
policy limits.
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T-bone Collision:
McKinley & Smith recovered $650,000 for a man whose van was struck in an
intersection collision. He sustained bulging discs in his back which required
surgery.
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Tour Bus Collision:
McKinley & Smith represented two women in a small pickup truck who were
rearended at 65 mph by a tour bus. Both women suffered severe injuries. One
woman suffered a broken neck, although she was not paralyzed. Liability was
disputed, but we proved the fault of the tour bus driver. Our investigation and
interview of key witnesses was invaluable in proving our clients' case. The
case settled for a confidential amount which was sufficient to take care of our
clients' needs for the rest of their lives.
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Horse Trampling:
McKinley & Smith represented a brother and sister who were attending an
all-class reunion at the Nevada County Fairgrounds when they were trampled by a
runaway horse. Defendants stubbornly denied liability and insisted any damages
were minimal. We secured jury verdicts for our clients of $350,000 and
$650,000, respectively, far in excess of what defendants ever offered them.
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Paralyzed Motorcyclist:
McKinley & Smith represented a man who was paralyzed in a motorcycle
collision. The case settled for all of the available insurance policy limits.
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Wrongful Death:
McKinley & Smith represented the family of a man killed by a wreckless
driver. In another case McKinley & Smith represented the family of a man
killed by a drunken driver. Both cases resolved for the available insurance
policy limits.
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Boat Collision:
McKinley & Smith recovered $500,000 for the victim of a boating collision.
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Collision with Tree:
McKinley & Smith recoved $500,000 for a man injured when a large truck
forced his vehicle into a tree.
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Serious Slip and Fall Injury:
The client slipped on a slick, improperly maintained walkway.
She suffered a broken vertebrae that required four operations
and created a life-time disability. The case settled for a
confidential sum that will take care of the client for the rest of her life.
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Disclaimer:
The above case results are simply examples of the many successful outcomes of
cases handled by McKinley & Smith.
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