News

Barry County jury rejects loss of consortium claim
John Franke and Becky Borthwick defended a dog breeder in an action in Barry County, Missouri brought by plaintiff and his wife arising out of a highway vehicular accident. Plaintiff was the primary caretaker for his wife, who was physically disabled and bedridden by a disease unrelated to the accident. She filed a consortium claim against the defendant. Plaintiff claimed that he could not adequately care for his wife based on his injuries from the accident. The Judge allowed a day-in-the-life video to be shown to the jury. Plaintiffs sought more than a quarter of a million dollars in damages, but the jury found in favor of defendant on Mrs. Sturgell's loss of consortium claim, and awarded Mr. Sturgell only $25,000.00, far less than the pre-trial offer.

Greene County jury rejects $2MM claim, returns defense verdict
A grocery store customer who was injured after slipping and falling on Murphy's Oil Soap brought a claim for past and future medical expenses totaling over $1.4MM against the corporation that owned the store. Plaintiff claimed she was rendered totally disabled as a result of spinal cord injuries resulting from the fall. She presented expert testimony from orthopedic surgeon Robert Bennett, pain management doctor Rena Tenario and life care planner Becky Duwe. Plaintiff claimed the store violated its own written policy requiring store employees to inspect the aisles every 20 minutes as the store only required inspections every hour. The store manager found Murphy's oil soap on the floor where plaintiff fell, but the store maintained it had no knowledge of the spill. John Schultz tried the case for the defendant. Laura Paczocha v. RCPS, Inc Case No. 0831-CV11799.

John Schultz participates on Legal Issues Panel Presentation at MAMIC
John Schultz served as a panelist on the Legal Issues panel at the 116th annual convention of the Missouri Association of Mutual Insurance Companies (MAMIC) on November 7, 2011 in Columbia, Missouri. Mr. Schultz currently serves on the Claims Committee for the Association.

Nikki Cannezzaro selected to receive David J. Dixon Appellate Advocacy Award
The Missouri Bar Foundation selected Nikki Cannezzaro as a recipient of the David J. Dixon Appellate Advocacy Award which recognizes outstanding achievement in appellate practice. The award is named after the late Judge Dixon, whose tenacity, professionalism and judicial skills epitomize outstanding appellate practice. Ms. Cannezzaro will be presented the Award at the Missouri Bar's annual meeting in Kansas City on September 23, 2011.

Jessica Walker joins firm's Kansas City Office
FSM is pleased to announce that Jessica Walker has joined the firm as an associate. Ms. Walker recently relocated to the Kansas City area after practicing law in Sacramento, California for over four years. She has significant experience in public entity liability, motor vehicle and general negligence, personal injury, and premises liability defense. Ms. Walker received her law degree from Golden Gate University School of Law and her Bachelor's Degree from Saint Mary's College of California.

Kansas City Business Journal Recognizes Cannezzaro and Schultz as Best of the Bar
The Kansas City Business Journal has selected John Schultz and Nikki Cannezzaro for inclusion in its 2011 "Best of the Bar" publication. The "Best of the Bar" is a peer review of emerging leaders and well known pillars of the legal community in Kansas City. Lawyers from the Kansas City area made nominations for the "Best of the Bar" publication, deciding who among their peers are worthy of being recognized among the most admired and respected lawyers in the Kansas City area. A panel of accomplished area lawyers reviewed the list of top vote getters, including Mr. Schultz and Ms. Cannezzaro, as a final check of the honorees. reputations and professional standards. This is the eighth year for Mr. Schultz and sixth year for Ms. Cannezzaro being recognized as "Kansas City's Best Lawyers As Chosen By A Jury Of Their Peers."

Nick Hillyard obtains favorable appellate court decision
The Missouri Court of Appeals for the Western District recently affirmed the trial court's ruling in favor of the defendant in Hammack v. Coffelt Land Title, Inc., Case No. WD72477. In Hammack, the plaintiff filed suit as trustee of a family farm trust for negligence and breach of contract against the defendant title company over its handling of a deed and money received from the sale of certain farm property upon a grantor's death prior to closing. On appeal, the Court agreed with the defendant and affirmed the lower court's Judgment in favor of the defendant, finding that the deed was placed in escrow and delivery of the subject deed related back to before the grantor's death to properly transfer ownership and prevent a trust and beneficiary deed from dictating what was done with the property.

Joe Hershewe joins firm.s Kansas City Office
Franke Schultz & Mullen, PC welcomes Joe Hershewe to the firm's Kansas City office as a new associate. Mr. Hershewe was a participant in the firm's summer clerkship program. He is a recent graduate of the University of Missouri, Kansas City School of Law. Mr. Hershewe will practice in the areas of insurance defense, insurance coverage, personal injury and general civil litigation.

Jason Moore obtains summary judgment in Missouri wrongful death case
The Circuit Court of Cape Girardeau, Missouri recently granted a Motion for Summary Judgment filed by Jason Moore on behalf of Dwain Manche, d/b/a G&D Logging, in a wrongful death case arising from the death of Jason Austin. Mr. Austin was crushed to death by a partially loaded tractor-pull sled when he and other volunteers of the River Hills Antique Tractor Club, including Dwain Manche, were attempting to load the sled's weight box with 50 pound concrete weight barrels in preparation for transport of the sled to another location for a tractor pull event. The sled was unsecured at the time in that the front of it was not connected to a tractor; and as they were loading the sled, its center of gravity changed, causing the sled to move forward and pin Jason Austin against the weight of the sled. Mr. Manche was not a member of the tractor club; rather, one of the members had asked him to help load the sled because Mr. Manche had a piece of equipment necessary for loading the weight barrels into the sled's weight box. The heirs of Jason Austin sued River Hills Tractor Club, Dwain Manche, and several of River Hills. board members for wrongful death, alleging that they negligently loaded the tractor-pull sled so as to cause it to become unbalanced and tip over. Defendant Manche moved for summary judgment under the Federal Volunteer Protection Act, 42 U.S.C. § 14501, et seq., on the basis that he is immune from liability because: (1) he was a "volunteer," as defined by the Act; (2) River Hills Antique Tractor Club is a "nonprofit organization," as defined by the Act; (3) at all time relevant to the subject accident, defendant Manche was acting within the scope of his duties as a "volunteer" for River Hills Antique Tractor Club; and (4) contrary to Plaintiffs' allegations, there is no evidence that defendant Manche's actions or inactions constituted "willful negligence," criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of others. Based upon the uncontroverted facts, the trial court granted summary judgment to defendant Manche finding that he was immune from liability under the Federal Volunteer Protection Act.

Trial court grants summary judgment finding that insurer properly cancelled policy prior to loss
Nikki Cannezzaro and Suzanne Bruss recently obtained summary judgment from the Jackson County Circuit Court in Clark v. Progressive Preferred Ins. Co., Case No. 0816-CV25979. In Clark, plaintiff filed suit against the insurer, claiming the insurer breach its contract by failing to defend or indemnify the insured. In defense of plaintiff's claims, a summary judgment motion was filed asserting that the contract/policy upon which plaintiff relied was effectively cancelled by the insurer prior to the loss based upon the plaintiff's failure to make premium payments. Plaintiff challenged the dismissal, arguing that the insurer failed to give proper timely notice of the cancellation. After fully briefing the issues and hearing arguments on the motion, the trial court entered summary judgment in favor of the insurer, finding that the cancellation was effective prior to the date of the subject loss and, therefore, the insurer had no obligation to defend or indemnify plaintiff.

Becky Borthwick and Megan Schueler obtain a favorable result in a rear-end collision trial
Becky Borthwick and Megan Schueler recently obtained a favorable result in Skinner v. Grace, Case No. 0931-CV05880, a Greene County, Missouri case. Plaintiff was a passenger in a Toyota Camry rear-ended by the defendant's Lexus SUV. Plaintiff incurred over $7,000.00 in medical expenses she claimed were related to the motor vehicle accident. Defendant maintained this was a low speed impact, as she was traveling uphill and had begun to brake and that not all of Plaintiff's injuries were related to the motor vehicle accident. Plaintiff asked the jury to return a verdict of at least $18,000.00. The defendant charged the jury to return a verdict in the amount of $2,618.65, which represented the treatment for injuries the defendant believed were related to the accident. The jury returned the verdict for the Plaintiff in the amount of $2,618.65.

Trial court grants summary judgment in Kansas wrongful death case applying "going and coming" rule
The District Court of Ford County, Kansas recently granted a Motion for Summary Judgment filed by Jason Moore in a wrongful death case arising from the death of an oil field worker who was killed in a single vehicle accident that occurred when his co-worker, Daniel Meredith, allegedly lost control of the company vehicle that they occupied while returning to Garden City from an oil site in Oklahoma. After obtaining workers compensation benefits, the decedent's heirs sued Defendant Meredith for wrongful death. Defendant Meredith moved for summary judgment based on the exclusive remedy doctrine and companion fellow-servant immunity in Kansas, arguing that he is immune from liability because Plaintiffs' exclusive remedy is workers compensation as the death arose out of and in the course of the parties' employment. Plaintiffs contested Defendant Meredith's Motion for Summary Judgment on the basis of the "going and coming" rule - that the parties were on their way back to their employer's shop in Garden City and therefore no longer working at the time of the accident. The District Court of Ford County, Kansas agreed with Defendant that based on the uncontroverted facts, the parties were not merely "going and coming." Rather, they were still working in that they were in a company owned and insured vehicle, Defendant was being paid to drive, and the deceased still had supervisory duties at the time of the accident. Based on these facts, the Court determined that Defendant Meredith is immune from liability in this case because Plaintiffs' exclusive remedy is workers compensation.

John Schultz and Nikki Cannezzaro obtain reversal from Missouri Court of Appeals, Western District
The Western District Court of Appeals reversed the trial court's award of summary judgment in an equitable garnishment action based on an insurance coverage dispute. In Sauvain v. Acceptance Indemn. Ins. Co., WD 72343, plaintiffs, after obtaining a $6 million judgment against the tortfeasor, sought recovery under a garage liability policy issued by Acceptance to a used car dealer in Texas. Plaintiffs claimed that the tortfeasor, who was the son of the individual who purchased the car, was an insured under the dealership's policy, arguing that the dealership still owned the vehicle at the time of the accident. Plaintiffs additionally claimed that the insurer was estopped from denying coverage based upon statements contained in its denial letter, asserting that the basis for the denial of coverage stated in the denial letter was inconsistent with the denial of coverage made in the garnishment action. The appellate court reversed the trial court's decision which extended coverage to the tortfeasor and barred the insurer from asserting its coverage defenses.

US District Court jury returns verdict for defendant, assessing 100% of fault against plaintiff
Partner Keith Cary recently tried a case in Federal Court in Kansas City, Missouri that resulted in a defense verdict. In June of 2008 plaintiff David Bernard and defendant Daniel Engardio were involved in a two-vehicle traffic accident on I-435 in Kansas City, Kansas. Defendant Engardio was entering the highway from westbound I-70 at the same time that plaintiff Bernard was attempting to exit from I-435 onto State Avenue. The two vehicles collided and plaintiff's vehicle veered off the roadway and overturned. Each driver blamed the other for the collision. Plaintiff suffered a T-9 fracture and incurred medical bills of $24,242 and lost wages of approximately $2,000. The pre-trial settlement demand was $80,000. At the conclusion of the trial, the jury returned a unanimous verdict in favor of defendant, finding that plaintiff was 100% at fault for the accident.

Insurer granted Summary Judgment on uninsured motorist claim under policy
Nikki Cannezzaro recently obtained summary judgment from the Jackson County Circuit Court in the case of Miller v. Progressive Northwestern Ins. Co., 1016-CV26795. In Miller, plaintiff filed suit against his insurer seeking recovery of uninsured motorist benefits under the policy. The insurer denied coverage and defended against the claim based on an argument that the tortfeasor did not meet the definition of an uninsured motorist as defined by the policy or the Missouri Motor Vehicle Financial Responsibility Law because the identity of the tortfeasor was contained in the police report and that tortfeasor did in fact have liability coverage, despite his liability carrier's denial of the claim. A Motion for Summary Judgment was filed on this issue. In granting the insurer's motion, the trial court found that there was no genuine issue of fact with regard to the identity of the tortfeasor and the fact that the tortfeasor had liability insurance in effect on the date of the accident, thereby entitling the insurer to judgment as a matter of law.

Six Partners included in Super Lawyers and Rising Stars List
The firm is pleased to announce that eight of its partners have been singled out by Law & Politics and KC Magazine for inclusion in the 2011 Missouri/Kansas Super Lawyers and Rising Stars list. The selection process for membership includes a statewide nomination process, independent research on each candidate and peer evaluation by practice area. As part of its final selection process, Law & Politics divides candidates according to their firm size and selects those with the highest point totals from each category. Only 5 percent of the total lawyers in Missouri and Kansas are included in the Super Lawyers list and 2.5 percent are listed as Rising Stars. Nikki Cannezzaro, Pamela Welch, and Jason Moore were recognized as Rising Stars.

Missouri Supreme Court affirms summary judgment obtained by FSM partners
Brad Nielsen and Jason Moore obtained summary judgment from the Circuit Court of Gentry County, MO on a claim for injunctive relief and damages against the City of Maryville stemming from the City's operation of a gun range near the home of the plaintiff. The plaintiff pursued an appeal to the Missouri Court of Appeals, Western District, following the trial court's grant of summary judgment. After the Western District affirmed the trial court's decision, the Missouri Supreme Court accepted the matter on transfer. Nikki Cannezzaro briefed and argued the case to the Missouri Supreme Court. In addressing the plaintiff's appeal, the Missouri Supreme Court ultimately affirmed the trial court's grant of summary judgment finding that plaintiff's claims were barred by section 537.294, RSMo. which divests the Missouri courts of any authority to enter an injunction or award damages against the owner of a gun range based upon allegations of nuisance or trespass. See Goerlitz v. City of Maryville, -- S.W.3d --, 2011 WL 134198 (Mo. banc 2011).

Nikki Cannezzaro presents closing arguments at civil jury trial demonstration CLE
Nikki Cannezzaro participated in a Continuing Legal Education Program jointly sponsored by the Kansas City Metropolitan Bar Association and the University of Missouri - Kansas City School of Law with several prominent attorneys from both the plaintiffs' and defense bars titled "A Civil Jury Trial Demonstration." The CLE consisted of the presentation to area lawyers and law students of an entire civil jury trial, from jury selection through closing arguments, involving a first party claim denied by an insurance company based upon an exclusion in the policy for arson. Each stage of the trial was followed by short discussions from the presenters. Ms. Cannezzaro was selected to present the closing arguments on behalf of the defendants. Following deliberations, Ms. Cannezzaro was identified by one of the jury members as the lawyer that was most impressive.

John Schultz selected to inaugural Super Lawyers Business Edition
John Schultz has been selected to appear in the 2011 Super Lawyers Business Edition in the practice areas of Litigation and Insurance Coverage. The publication will be distributed nationwide to more than 40,000 in-house corporate counsel, including 98% of the Fortune 1000 companies. Lawyers are selected to appear in the Super Lawyers publications based on nominations from peers and review by a committee of highly respected lawyers in each practice area.

Summary Judgment finding no coverage affirmed by Missouri Court of Appeals, Western District
FSM recently had the Missouri Court of Appeals, Western District, affirm a summary judgment that had been entered in his client's favor in Jackson County, Missouri, on an insurance coverage dispute. In Pennsylvania Mfrs. Ass'n Ins. Co. v. Selective Ins. Co. of South Carolina, 2011 WL 588502 (Mo.App. 2011), two workers' compensation insurers who issued back-to-back policies disputed who was obligated to pay workers' compensation benefits for an injury that occurred around the time that one insurer's policy (Pennsylvania) ended and the other insurer's policy (Selective) began. Pennsylvania litigated the workers' compensation claim and requested a finding as to the injured employee's date of injury. The ALJ found that the injury occurred after Pennsylvania's policy period and during Selective's policy period, but Pennsylvania paid the claim. Pennsylvania then notified Selective for the first time of the claim, and sought to recover the payment to the injured employee under a theory of unjust enrichment. Selective asserted at the trial court several defenses as to why any purported enrichment was not unjust, including that it was never timely notified of the loss; that any enrichment to Selective was conferred without Selective's knowledge, at Selective's request, or with Selective's acceptance; that Selective was deprived of its right to involve itself in the litigation, defend the claim, raise any defenses that might be unique to its coverage, and appeal the ALJ's findings; and that any payment by Pennsylvania was a voluntary payment and thus not recoverable. The trial court agreed and entered summary judgment in favor of Selective, finding that Pennsylvania could not establish its unjust enrichment claim. The Missouri Court of Appeals, Western District, has now affirmed the trial court's decision.

FSM obtains declaration from U.S. District Court that CGL policy affords no coverage to co-employee
FSM obtained a declaratory judgment in Colony Nat. Ins. Co. v. Cunningham, et al., Case No. 4:10-cv-00199, filed in the United States District Court, Eastern District of Missouri. This declaratory judgment action arose out of an incident that occurred in October 2006 where an employee at a manufacturing plant caused a co-employee who was repairing a stamp press to suffer amputation of a portion of his right hand. The injured party obtained a $950,000 judgment against the co-employee who caused the injury. The purpose of the declaratory judgment was to determine whether a commercial general liability policy issued to the employer of both employees (the injured employee and the employee who caused the injuries) afforded coverage for the $950,000 judgment. The Court found no coverage, stating that an employee who injures a co-employee while acting in the course of his or her employment is not an insured under a commercial general liability policy. As a result, the employee who caused the injury did not qualify as an insured under the policy, and the policy afforded no coverage for the $950,000 judgment.

John Schultz obtains defense verdict from Lawrence County, Missouri jury in traumatic brain injury case
Plaintiff was operating a moped when he was hit by defendant's white pick up truck while the truck was turning left in an intersection. Plaintiff claimed defendant failed to keep a careful lookout. Plaintiff sustained a traumatic brain injury, a fractured left wrist and a torn rotator cuff in his left shoulder in the accident. Plaintiff spent 3 and 1/2 weeks in a rehabilitation hospital following the accident. He incurred medical expenses of $67,000. Plaintiff's wife was wheelchair bound due to a debilitating spinal condition. She made a claim for loss of consortium, contending that her husband could no longer assist her with her activities of daily living due to the injuries he sustained in the accident. Plaintiff presented expert testimony from accident reconstructionist Bruno Schmidt and medical expert/life care planner Dr. Shane Bennoch. Defendant presented no expert testimony but rather relied on the testimony of 2 eyewitnesses. After a 3 day trial, the jury returned a verdict assessing 100% fault to plaintiff, resulting in a defense verdict. Don and Joyce Gardener v. Steven Nicole, Case No. 08LW-CC00076.

Ryan Karaim obtains defense verdict from Howell County, MO jury
Plaintiff, a 31 year old delivery man for a beer distributer in West Plains, Missouri, claimed he was injured at Ramey's Supermarket while using a six-wheeled cart from the store to move beer from his truck to the store. As plaintiff was pushing the cart of beer across the loading dock, he claimed he hit a crack in the surface causing the cart to tip and the cases of beer to begin to fall off the cart. Plaintiff claims he reacted suddenly and attempted to stop the beer from falling. While doing so, plaintiff claims to have sustained an injury to his low back. Plaintiff asserted claims of premises liability based upon the alleged dangerous condition of the loading dock and general negligence for providing him with a defective cart. Prior to trial, plaintiff demanded $675,000 to settle his claims.

Rachel Stahle obtains defense verdict for Sonic Drive-In in premises liability case
Rachel Stahle recently obtained a defense verdict in Alisha Richardson v. Sonic Drive-In of Overland Park #5, LLC (Case No. 09CV09003) following a jury trial in Johnson County, Kansas. The lawsuit concerned Plaintiff's fall from a chair at a Sonic Drive-In that also had an inside dining area. Plaintiff alleged she flipped backwards in her chair due to improperly waxed floors. She allegedly sustained neurological and soft tissue injuries and incurred medical bills of approximately $6,500. Defendant argued its floors were properly waxed and that Plaintiff failed to keep a careful lookout. The jury deliberated approximately one hour before agreeing neither party was at fault. Plaintiff recovered nothing.

Jason Moore obtains favorable result for Tan-Tar-A Resort.
Jason Moore successfully defended the owner and operator of Tan-Tar-A resort in a premises liability case tried to a jury in Federal Court. The plaintiff sought damages for past and future medical expenses, past and future lost wages and pain and suffering for injuries that she sustained in an accident that occurred when she allegedly tripped and fell over a crack in Tan-Tar-A's parking lot. She broke her knee and her hand; and after surgery, she suffered a pulmonary embolism from which she almost died. The plaintiff's medical expenses and lost wages totaled $165,214 and $228,697, respectively. She also sought punitive damages, claiming that Tan-Tar-A knew about the allegedly dangerous condition but failed to repair or warn of it. Prior to trial, the plaintiff's last demand was $485,000; and the defendants' last offer was $200,000. At trial, the Plaintiff asked the jury to return a verdict in the amount of $1.2 million. On behalf of the defendants, Jason Moore argued that the plaintiff was not caused to trip or fall by a dangerous condition. Rather, it was the plaintiff's own carelessness in failing to observe an open and obvious condition that caused her to fall. Mr. Moore also disputed the necessity of the plaintiff's claimed future damages. The jury determined the plaintiff's damages to be $234,000, assessed 40% of the fault to the plaintiff and did not award any punitive damages, for a net recovery of $140,000.

Niki Skaggs attains defense verdict in breach of contract case
Plaintiff, a technology company, sued defendant Todd Elder & Company, an executive search firm, claiming defendant breached the contract between the parties. Plaintiff hired defendant to fill an engineer position within the company. Defendant was paid a placement fee. The contract between the parties stated that, if the employee left Plaintiff's employment within the first 6 months for any reason, defendant would have 60 days to find a qualified replacement candidate, or refund the placement fee. After Plaintiff terminated the employee within 6 months, it brought suit claiming breach of contract for failure to provide a replacement or refund the fee. Defendant claimed that Plaintiff did not give it the time or opportunity to provide a replacement candidate.

Kansas City Business Journal recognizes four FSM partners as Best of the Bar
The Kansas City Business Journal has recognized John Franke, John Schultz, John Mullen and Nikki Cannezzaro in its 2010 "Best of the Bar" publication. The "Best of the Bar" is a peer review of emerging leaders and well known pillars of the legal community in Kansas City. Lawyers from the Kansas City area made nominations for the "Best of the Bar" publication, deciding who among their peers are worthy of being recognized among the most admired and respected lawyers in the Kansas City area. A panel of accomplished area lawyers reviewed the list of top vote getters, including Mr. Franke, Mr. Schultz, Mr. Mullen and Ms. Cannezzaro, as a final check of the honorees' reputations and professional standards.

Directed Verdict obtained by Nikki Cannezzaro
Plaintiffs Beth and Brett Novotnak filed suit against Ameripure Water Company asserting claims of negligent hiring/retention. Plaintiffs' claims arose out of an altercation that occurred at their residence between the Novotnaks and a customer service representative for Ameripure. Prior to the customer service representatives visit, the Plaintiffs had agreed to purchase a water softner system from Ameripure. Pursuant to Plaintiffs' request, Ameripure secured financing for the Plaintiffs from a third party lender. When the customer service representative presented the Plaintiffs with the financing terms, Plaintiffs became very upset and an altercation ensued resulting in the arrest of Brett Novotnak. Following an acquittal on the charges, the Plaintiffs filed suit against Ameripure claiming that but for Ameripure hiring a two time convicted felon, the altercation would have never occurred. At the close of Plaintiffs evidence, a Clay County, Missouri judge sustained Ms. Cannezzaro's Motion for Directed Verdict made on Ameripure's behalf.

Scott Mathison obtains defense verdict in rear-end collision trial
A Christian County, Missouri jury deliberated 45 minutes to return a verdict for defendant Jesse Glim after a three day trial. Plaintiff Brenda McClelland alleged that she sustained a whiplash injury as well as a torn rotator cuff muscle as a result of a rear-end collision in which she was a passenger in her sister's vehicle. The rotator cuff tear eventually required surgery. The plaintiff incurred almost $34,000.00 in medical expenses that she claimed were related to the motor vehicle accident. Defendant maintained that the impact was minor as they were driving in stop-and-go traffic near Silver Dollar City in Branson, Missouri and that her injuries were not a result of the accident. All twelve jurors returned the defense verdict on April 14, 2010. McClelland v Glim, Christian County case no. 07CT-CV00871

Four FSM partners included in Super Lawyers "Rising Stars" list
The firm is pleased to announce that four of its "younger" partners (under the age of 40) have been selected by Law & Politics and KC Magazine for inclusion in the 2010 Missouri/Kansas "Rising Stars" list. The selection process for membership includes a statewide nomination process, independent research on each candidate and peer evaluation by practice area. As part of its final selection process, Law & Politics divides candidates according to their firm size and selects those with the highest point totals from each category. Only 2.5 percent of the total young lawyers in Missouri and Kansas are included in the list as Rising Stars. Congratulations to Nikki Cannezzaro, Pamela Welch, Chris Gaughan and Jason Moore.

John Schultz serves as panelist on expert witness discussion at MO bar meeting
John Schultz, Judge Sandra Midkiff and plaintiffs counsel Daniel Thomas were panelists at the Missouri Bar's Solo and Small Firm Conference in Lake Ozark, Missouri on June 12, 2010. The panel discussed the investigation of and retention of experts as well as how to present their testimony at trial.

Nikki Cannezzaro Obtains Summary Judgment in Cattracker Bus Accident Case
On November 18, 2006, two passengers riding on top of a double-decker K-State fan bus, known to many as the Cattracker, collided with an overpass in Lawrence, Kansas resulting in the death of one passenger and a traumatic brain injury to the other passenger. The families of both passengers ultimately filed suit against several defendants, including the driver of the bus, the owner of the bus, several friends of the owner of the bus who were traveling on or with the bus on that date, the dealership that is alleged to have sold the bus, and several individuals who helped transform the bus from school bus to the Cattracker. The plaintiffs' alleged multiple theories of recovery against the defendants, including various claims of negligence, negligence per se, negligent entrustment, vicarious liability through agency theories and/or a joint venture/enterprise, product liability, and strict liability, among others. Ms. Cannezzaro filed a Motion for Summary Judgment on behalf of the firm's client, an alleged sponsor of the November 18, 2006 trip and participant in many of the tailgating activities surrounding the Cattracker. After many defendants, except the driver and dealership, settled out, the trial court granted Summary Judgment finding that the firm's client owed no duty to the passengers and cannot be liable as a matter of law. See Green/Orr v. Simonsson, et al., Case nos. 2007CV346 and 2007CV365 , in the District Court of Douglas County, Kansas.

Jill Frost Obtains Summary Judgment on Multi-Million Dollar Toxic Tort Case
Jill Frost obtained summary judgment in favor of an acrylic nail product manufacturer sued for products liability alleging that liquid monomer caused several plaintiffs to contract auto-immune disease, including chemically-induced lupus. The plaintiffs claimed debilitating illness due to prolonged exposure to the acrylic nail products and sued 15 defendants in an attempt to create a new toxic tort against the acrylic nail industry. Jill Frost defended a target defendant and successfully obtained summary judgment on behalf of the client. The plaintiffs were seeking over $50 million in damages. Wick, et al. v. Tammy Taylor Nails, et al., No. 0716-CV07930, in the Circuit Court of Jackson County, Kansas City, Missouri.

Chris Gaughan Obtains Declaratory Judgment in Wrongful Death Case
Chris Gaughan recently obtained a declaratory judgment in GEICO Indem. Co. v. Sean O'Conner, et al., Case No. 106CC1939, in the Circuit Court of Greene County, Missouri. In 2006, an individual was involved in a motor vehicle accident in Springfield, Missouri, that resulted in the death of one person, injuries to three other people, and damage to four vehicles. Numerous claims were subsequently brought against the driver. However, the insurer for the vehicle asserted that there was no coverage for the driver because he stole the vehicle. Specifically, the vehicle owner, who was a friend of the driver, asserted that the vehicle was stolen. The driver asserted that he had borrowed the vehicle with the owner's permission. The parties tried the issue of permissive use and the questions of coverage to the Court, which ultimately found that the driver did not have permission to use the vehicle and thus was not affored coverage under the vehicle owner's insurance policy.

Jill Frost Selected as Faculty for Missouri Organization of Defense Lawyers Trial Academy
Jill Frost was recently selected by the Missouri Organization of Defense Lawyers to serve as faculty in this year's Trial Academy. The Trial Academy is designed to equip young lawyers for courtroom appearances and to promote execellence in advancement of trial skills. Ms. Frost will critique and instruct young lawyers through every aspect of a jury trial including opening statements, direct examinations of witnesses, cross-examinations of witnesses, demonstrative evidence, jury instructions, and closing argument.

John Schultz & John Mullen selected by Super Lawyers for nationwide listing of top insurance coverage attorneys
John Schultz and John Mullen have been selected as Super Lawyers in the field of insurance coverage for the 2010 edition of Super Lawyers -- Corporate Counsel Edition. In 2008, Law & Politics launched Super Lawyers -- Corporate Counsel Edition. This Special Edition includes nationwide listings of attorneys selected by Super Lawyers in business-related practice areas, and is sent to 25,000 corporate counsel and CEOs.

Nikki Cannezzaro honored with Women's Justice Award by Missouri Lawyer's Weekly
The Women's Justice Awards, sponsored by the Missouri Lawyer's Weekly, recognize women across the state of Missouri who have demonstrated leadership, integrity, service, sacrifice and accomplishment in improving the quality of justice and furthering the highest ideals of the legal profession. The awards reach out to women in various segments of our community, including the bar, the bench, public office, civil service, business, academia, non-profits and the state-at-large. Ms. Cannezzaro has been recognized with the Rising Star Award which is awarded to women lawyers under the age of 40 who have already made a difference in the justice system or the profession and who appear on a path toward even greater accomplishment.

John Schultz successfully defends Fire Department in catastrophic injury case
An Adair County, Missouri jury assessed 90% fault to a Missouri Highway Patrolmen who suffered a back injury resulting in 4 surgeries, leaving her completely disabled, in a case brought against the City of Laplata, Missouri, the Laplata Volunteer Fire Department and the Laplata Rural Fire Department for negligence in failing to warn that fire and rescue vehicles were parked on a country road, over the crest of a hill, responding to an earlier accident. Along with co-counsel Keith Henson of St. Louis, Missouri, Schultz argued that there was not sufficient time to warn as the fire and rescue trucks had just arrived on the scene of the earlier accident. The defense also established that the Patrolmen may have been driving as fast as 85 mph as her car crested the hill before the accident. The Patrolmen's medical expenses exceeded $200,000 and her lost earning capacity was projected at 1.6 million dollars. The jury deliberated 5 hours before returning a verdict just before midnight on January 29, 2010. The jury awarded damages of $800,000 which resulted in a net verdict of $80,000 after comparing the Patrolmen's fault. Plaintiffs' counsel asked for 10 million dollars in closing argument, after the Patrolmen and her husband rejected a settlement offer of 1.7 million dollars. Walley v. Mock Case. No. CV104-396CC.

Summary Judgment in favor of pharmacy in wrongful death case affirmed by Kansas Court of Appeals
John Schultz and Cary Smalley obtained summary judgment in favor of a pharmacy which had been sued for the wrongful death of an infant who died of Sudden Infant Death Syndrome after the infant's mother had left her unattended, allegedly due to the mother's reaction to medication which had been obtained from the pharmacy. The mother claimed that the pharmacy filled a prescription of Ativan, a sleep aid, with 2 mg pills rather than the .5 mg pills prescribed by her doctor which left her in an over-sedated, confused and disoriented condition which diminished her ability to respond to her child's needs. The Kansas Court of Appeals affirmed the decision of the Wyandotte County District Court that the pharmacy owed no legal duty to the baby and that the mother did not establish causation. Thomas v. Brewer's Price Chopper Pharmacy Memorandum Opinion No. 100,972.

Insurance Company not liable for fraud or emotional distress arising out of workers compensation claim:
A bank employee sustained a head injury after striking her head on a filing cabinet at work. She submitted a workers compensation claim, but also sued the bank's insurance carrier and a case management company for fraud and emotional distress caused by the handling of her claim. The worker maintained that the insurance company had arranged for an independent medical examination but misrepresented that the doctor was a neurologist when in fact he was a psychiatrist. The Circuit Court of Morgan County, Missouri entered summary judgment in favor of all defendants. The Missouri Court of Appeals, Western District affirmed the trial courts decision. John Schultz and Wendell Koerner successfully represented the insurance company in the case. Battles v. United Fire & Casualty Company, WD 69714.

Keith Cary obtains defense verdict in Johnson County, Missouri trial
Keith Cary recently obtained a defense verdict in Michelle Arjona v. Jeremy Almy (Case No. 07JO-CV00204) following a jury trial in Johnson County, Missouri at Warrensburg. The lawsuit concerned a two-vehicle, head-on collision on an icy patch of road near Knob Noster, Missouri. Plaintiff sustained multiple fractures and incurred medical bills of approximately $158,000. Although defendant was traveling below the speed limit prior to the accident, plaintiff alleged that he was nonetheless traveling too fast for the conditions. The jury deliberated approximately 45 minutes before 10 jurors agreed on a verdict in favor of the defendant. Interestingly, this was the second trial in this case. The initial trial, in August, 2008, resulted in a $60,000 verdict for plaintiff. However, that verdict was set aside, at plaintiff's request, as being against the weight of the evidence.

Partner participates in panel discussion on Collateral Source Rule
John Schultz served as a panelist for a discussion on the "Future of Missouri's Collateral Source Statute" at the Fall Meeting of the Missouri Organization of Defense Lawyers in Kansas City, Missouri on November 20, 2009. Jackson County Circuit Judge David Byrn and Kansas City trial attorneys James Thompson and Dale Beckerman also participated on the panel which discussed recent decisions interpreting the "rebuttable presumption" concerning the value of medical treatment set forth in Missouri Revised Statute 490.715 (2008).

Chris Gaughan invited to speak at National Business Institute CLE seminar
Chris Gaughan has been invited to speak on the topic of "Settling Uninsured and Underinsured Motorist Claims" at an upcoming National Business Institute CLE seminar. The seminar will be held on February 5, 2010, at the InterContinental Kansas City. In the past year, Chris has given CLEs on a number of other topics for the National Business Institute, including "Keys to a Successful Settlement Conference," "Lien Claims," and "Insurance Ethics."

Partner part of Legal Issues Panel at Annual Convention of the Missouri Association of Mutual Insurance Companies:
John Schultz participated as a panelist discussing legal issues affecting Chapter 380 Companies in Missouri at the MAMIC Annual Convention on November 3, 2009. John has been an Associate Member of MAMIC for many years and continues to represent and provide risk management advice to Chapter 380 Companies in Missouri.

Nikki Cannezzaro obtains defense verdict from Wyandotte County jury
Nikki Cannezzaro recently obtained a defense verdict in the case of Mann v. Gentry, Case No. 07CV1022, following a jury trial in Wyandotte County, Kansas. In Mann, plaintiff sustained a C2 cervical vertebrae neck fracture and serious head injury as a result of an automobile accident at the intersection of 55th and Metropolitan, in Kansas City, Kansas. Plaintiff claimed that defendant, traveling south of 55th ran a red light and broadsided the plaintiff's vehicle as she was traveling through the intersection on a green light headed east on Metropolitan. Plaintiff relied upon the expert testimony of a traffic engineer from the Board of Public Utilities to refute defendant's testimony that the light was green when he entered the intersection. After deliberating just over an hour, the Wyandotte County jury returned a defense verdict preventing plaintiff from recovering from the defendant for her injuries.

FSM Partner presents at Kansas City Solo & Small Firm Conference
Nikki Cannezzaro recently presented at the Kansas City Solo & Small Firm Conference Continuing Legal Education Program sponsored by the Kansas City Metropolitan Bar Association. Ms. Cannezzaro presented at the Trial Practice CLE program titled "Tried and True Tips for the Trial Attorney." During the program, Ms. Cannezzaro, accompanied by other local trial attorneys, offered litigation tips and pointeers illustrated through actual experiences of the panel members. The presentation was followed by a short question and answer session with the panel members.

Kansas City Business Journal Recognizes Cannezzaro and Schultz as Best of the Bar
The Kansas City Business Journal has recognized John Schultz and Nikki Cannezzaro in its 2009 "Best of the Bar" publication. The "Best of the Bar" is a peer review of emerging leaders and well known pillars of the legal community in Kansas City. Lawyers from the Kansas City area made nominations for the "Best of the Bar" publication, deciding who among their peers are worthy of being recognized among the most admired and respected lawyers in the Kansas City area. A panel of accomplished area lawyers reviewed the list of top vote getters, including Mr. Schultz and Ms. Cannezzaro, as a final check of the honorees. reputations and professional standards. This is the sixth year for Mr. Schultz and fourth year for Ms. Cannezzaro for being recognized as "Kansas City's Best Lawyers As Chosen By A Jury Of Their Peers."

John Schultz lectures on trial practice at Missouri Bar Annual Meeting
John Schultz recently served on the faculty of the Continuing Legal Education Program, Trial Practice: Demonstrations and Jury Deliberations sponsored by the Missouri Bar. The CLE presentation was divided into two phases. The first phase began with three of Missouri's best litigators presenting the plaintiff and defendant closing arguments in a wrongful death case that was tried to a mock jury in Jackson County. Ed Hershewe and Gary Robb presented arguments for the plaintiff and John Schultz presented the defendant's closing argument. The Honorable Brent Powell presided over the case. Actual jury deliberations from the original mock trial were taped and the jury was debriefed by a national jury trial consultant. Those deliberations and that debriefing filled the second phase of this two-part program followed by an opportunity to discuss skills and strategy with the presenters.

Missouri Bar Foundation selects Nikki Cannezzaro as recipient of Lon O. Hocker Memorial Trial Award
The Missouri Bar Foundation recently selected Nikki Cannezzaro as a recipient of the Lon O. Hocker Memorial Trial Award which recognizes lawyers who have demonstrated an unusual proficiency in the art of trial advocacy. Fifty years ago, Mary B. Hocker established the Award to memorialize her husband's faith in our system of law. Lon O. Hocker believed that the courts, and only the courts, could preserve the law, and he believed the trial lawyer was the key to our system of justice. Ms. Cannezzaro was presented the Award at the Missouri Bar's annual meeting in St. Louis in September of this year.

FDCC Selects John Schultz for Membership
The Federation of Defense and Corporate Counsel (FDCC) is composed of recognized leaders in the legal community who have achieved professional distinction. FDCC's current membership is limited to 1,000 attorneys in private practice in the United States and additionally includes members from Australia, Canada, Europe, Puerto Rico and other areas. New members must be nominated and seconded by two current members and are rigorously investigated by the Admissions Committee.

Six Partners included in Super Lawyers and Rising Stars List
The firm is pleased to announce that six of its partners have been singled out by Law & Politics and KC Magazine for inclusion in the 2009 Missouri/Kansas Super Lawyers and Rising Stars list. The selection process for membership includes a statewide nomination process, independent research on each candidate and peer evaluation by practice area. As part of its final selection process, Law & Politics divides candidates according to their firm size and selects those with the highest point totals from each category. Only 5 percent of the total lawyers in Missouri and Kansas are included in the Super Lawyers list and 2.5 percent are listed as Rising Stars. The firm's three principal partners, John Franke, John Schultz and John Mullen, along with Wendell Koerner were listed among the Super Lawyers. John Schultz was additionally recognized in the top 100 list for Missouri lawyers statewide and the top 50 list for Kansas City area lawyers. Nikki Cannezzaro and Chris Gaughan were both recognized as Rising Stars.

Platte County jury returns defense verdict in case tried by Ryan Karaim
Following a week long jury trial tried by Ryan Karaim, a Platte County Missouri jury returned a complete defense verdict in the case of Jason Carnes v. Rick Hill, Hill Brothers Construction and HB Construction, Case No. 07AE-CV03824. In that case, Plaintiff was a Platte City, Missouri, police Sergeant. He was dispatched to a construction job site in Platte City, at the request of defendants, because two unauthorized persons were operating a track hoe owned by defendants at the job site, without permission. At the scene, a scuffle ultimately ensued. Plaintiff alleged that defendant Hill pushed the plaintiff into the side of the plaintiff's patrol car, and then tried to get into the patrol car. Plaintiff and the other police officer at the scene then attempted to handcuff and detain defendant Hill, but defendant Hill resisted. Plaintiff submitted on the theory of negligence, and was also allowed to submit a claim for punitive damages. Plaintiff's claimed injuries included a Labrum tear of the left shoulder, resulting in surgery, an ACL tear of the left knee, also resulting in surgery and the need for future surgery. Plaintiff's claimed medical bills totaled $88,883.95 and an additional $30,190.00 for future surgery. Plaintiff also made a claim for lost income, alleging that he lost his job because of the work he missed after the two surgeries. The jury never reached the issue of plaintiff's claimed damages as it found no fault against defendant or his employer.

FSM Attorneys assist with Ross T. Roberts Inn of Court
Jill Frost and Nikki Cannezzaro were recently selected by the Ross T. Roberts Inn of Court to serve as lead masters in this year's program. The Ross T. Roberts Inn of Court program is designed to better equip young trial lawyers for courtroom appearances and to promote excellence, collegiality, professionalism and ethics in the legal community. As a lead master, Ms. Cannezzaro will make presentations on Ethics and Closing Arguments. Ms. Frost will present on opening statements. Additionally, Jason Moore serves as vice chair of the YLS Inn of Court Committee and Co-Coordinator of the Inn.

Suzanne Bruss obtains defense verdict following trial court's grant of partial summary judgment
Suzanne Bruss recently obtained a defense verdict for a local subcontractor at trial in Johnson County, Kansas. A local general contractor sued its subcontractor for negligence after an engineered retaining wall showed signs of movement. The general contractor sought approximately $225,000 in reconstruction costs, $500,000 in lost profits, and $50,000 in penalties it paid by the plaintiff to its real estate developer client for expenses incurred because of the delay in leasing the commercial space. Suzanne obtained partial summary judgment on half of the reconstruction costs and obtained pre-trial rulings precluding the plaintiff's claims for lost profits and for the $50,000 penalty. The jury awarded a defense verdict on the negligence claim and awarded the client nearly $25,000 which remained unpaid on the construction contract.

Wendell Koerner serves on CLE Faculty
On May 15, 2009, Wendell Koerner will present to area lawyers at a National Business Institute CLE Seminar titled "Tackling Advanced Medical Malpractice Issues." Topics within this medical malpractice seminar include "Cutting Edge Malpractice Case Law," "Settlement Strategies," "Effective Internet Tactics for Medical Malpractice Claims," "Dynamic Techniques for Using Expert Witnesses," and "The Future of Medical Malpractice."

John Schultz selected for Editorial Advisory Board
John Schultz has been named to the Editorial Advisory Board of the national publication Insurance Law & Litigation Week. Insurance Law & Litigation Week is published by Strafford Publications in Atlanta, Georgia. It summarizes key insurance coverage and litigation cases throughout the United States.

John Franke obtains defense verdict in ATV accident case
John Franke recently obtained a defense verdict in the case of Johnson v. Hatfield, et al., Case No. 06CV07957, following a two week jury trial in Johnson County, Kansas. In Johnson, plaintiff sustained a closed head injury, temporal and basilar skull fractures, memory loss, permanent hearing loss and facial nerve damage at the age of 15 as a result of the ATV accident. At trial, Plaintiff claimed that defendants negligently entrusted the ATV to plaintiff, negligently permitted plaintiff to operate the ATV without an appropriate DOT approved motorcycle helmet, and without appropriate training, instruction and/or supervision. Plaintiff further claimed that defendant Hatfield failed to observe and/or enforce safety rules established by the family entity that owned the ranch, prohibiting the recreational use and operation of the ATV and by negligently failing to secure the key to the ATV to prevent its operation. Plaintiff sought damages from the jury in excess of $3.25 million. However, during deliberations the jury never reached the issue of damages as it found none of the defendants to be at fault.

Nikki Cannezzaro recognized as a Legal Leader
The Kansas City Daily Record, a Lawyer’s Weekly Media publication has selected Nikki Cannezzaro as a Rising Legal Leader of the Year. The Kansas City Daily Record Legal Leaders Awards recognize those who have demonstrated leadership, integrity, service, sacrifice and accomplishment in improving the quality of justice in their communities and exemplified the highest ideals of the legal profession. Ms. Cannezzaro will be honored at the 6th Annual Award Luncheon on March 27, 2009, with the Rising Legal Leader of the Year Award which is awarded to lawyers 40 years and younger whose public service improves the quality of her community and contributes to the improvement of the justice system.

John Schultz elected to MODL Board of Directors
John Schultz has been elected to serve on the Board of Directors of the Missouri Organization of Defense Lawyers ("MODL"). MODL supports the state's defense lawyers with continuing legal education programs and amicus curiae briefs. Through its legislative efforts, MODL seeks to balance the scales of justice for all citizens in the State of Missouri and to improve the quality of the Bench.

Franke Schultz & Mullen support local charity
The firm will sponsor and help underwrite the cost of the Bishop Sullivan Center Auction in April, 2009. The Bishop Sullivan Center provides a food pantry and job assistance programs for citizens in northeast Kansas City, Missouri. The firm has been a proud supporter of the Bishop Sullivan Center since the firm was founded in 1992.

Nikki Cannezzaro presents closing arguments at civil trial demonstration CLE
Nikki Cannezzaro participated in a Continuing Legal Education Program jointly sponsored by the Kansas City Metropolitan Bar Association and the University of Missouri – Kansas City School of Law with several prominent attorneys from both the plaintiffs’ and defense bars titled "A Civil Jury Trial Demonstration." The CLE consisted of the presentation to over 100 area lawyers and law students of an entire civil trial involving product and premise liability claims, from jury selection through closing arguments. Each stage of the trial was followed by short discussions from the presenters. Ms. Cannezzaro was selected to present the closing arguments on behalf of the defendants

John Schultz presents at closing argument CLE
John Schultz participated in a Continuing Legal Education Program with prominent plaintiffs attorneys Gary Robb and Ed Hershewe titled "Closing Arguments: The Power of Persuasion". The program was presented to the Missouri Association of Trial Attorneys in May, 2008 and is going to be replayed at the Annual Meeting of the Missouri Bar in July, 2009.

BTI Consulting Group selects John Schultz to Client Service All-Star Team
Boston-based BTI Consulting Group selected John Schultz to its "2008 Client Service All-Star Team" based on a survey of corporate counsel at Fortune 1000 companies. Only 148 attorneys were singled out for this list. Mr. Schultz was one of only two attorneys in the United States to be selected for the third consecutive year.

Six partners at Franke Schultz & Mullen included in Super Lawyers and Rising Stars List
The firm is pleased to announce that six of its partners have been singled out by Law & Politics and KC Magazine for inclusion in the 2008 Missouri/Kansas Super Lawyers and Rising Stars list. The selection process for membership includes a statewide nomination process, independent research on each candidate and peer evaluation by practice area. As part of its final selection process, Law & Politics divides candidates according to their firm size and selects those with the highest point totals from each category. Only 5 percent of the total lawyers in Missouri and Kansas are included in the Super Lawyers list and 2.5 percent are listed as Rising Stars. The firm’s three principal partners, John Franke, John Schultz and John Mullen, along with partners Jill Frost and Wendell Koerner were listed among the Super Lawyers, while our partner, Nikki Cannezzaro, was identified as a Rising Star.

Nikki Cannezzaro Recognized as an Up & Coming Lawyer
Franke Schultz & Mullen, PC is excited to announce that our partner, Nikki Cannezzaro, has been selected by Missouri Lawyers Weekly as among the best of Missouri’s young attorneys. Ms. Cannezzaro was included in the publications 2008 "Up & Coming Lawyers" list. The designation of an Up & Coming lawyer is reserved for attorneys 39 years of age or younger who have distinguished themselves from their peers. Criteria for selection include leadership, professional accomplishment and service to the legal community. The 2008 honorees were chosen by the editorial staff of the Missouri Lawyers Weekly based on nominations from legal adversaries, law firms, legal associations and members of the state bar.

John Schultz and Nikki Cannezzaro recognized as Best of the Bar
The Kansas City Business Journal has recognized John Schultz and Nikki Cannezzaro in its 2008 "Best of the Bar" publication. The "Best of the Bar" is a peer review of emerging leaders and well known pillars of the legal community in Kansas City. Over 500 lawyers from the Kansas City area made nominations for the "Best of the Bar" publication, deciding who among their peers are worthy of being recognized among the most admired and respected lawyers in the Kansas City area. A panel of accomplished area lawyers reviewed the list of top vote getters, including Mr. Schultz and Ms. Cannezzaro, as a final check of the honorees’ reputations and professional standards.

Partner Participates in MATA Trial Simulation
John Schultz was selected to present the defense closing argument in a Trial Simulation conducted by the Missouri Association of Trial Attorneys on June 4, 2008. The closing arguments and jury deliberations were videotaped and shown at the MATA Convention so trial lawyers could see how the jury reacted to the closing arguments.

KCMBA Names Nikki Cannezzaro Young Lawyer of the Year
The Kansas City Metroplitan Bar Association (KCMBA) named Nikki Cannezzaro the Young Lawyer of the Year. Ms. Cannezzaro was presented with the award at an awards dinner during the KCMBA's annual bench and bar conference in May. The award recognizes excellence in public service, professionalism, and legal accomplishment.

Fourth Annual Heartland Diversity Legal Job Fair
Franke Schultz & Mullen, PC is a proud sponsor of the Heartland Diversity Legal Job Fair (HDLJF). The fourth annual job fair will be held on August 22-23, 2008 at the Hyatt Regency Crown Center in Kansas City, Missouri.  The primary purpose of the HDLJF is to increase the participation of under-represented groups in the practice of law in Kansas City.  Franke Schultz & Mullen, PC as a sponsor of the HDLJF strongly believes that the inclusion of diversity in its many facets, including, without limitation, race, ethnicity, gender, religion, sexual orientation, and physical challenges, benefits our firm culture and enhance the representation of our clients.

Partner Serves as Faculty for MODL’s 2008 Trial Academy
Jill Frost recently shared her trial skills as a faculty member at the Missouri Organization of Defense Lawyer's (MODL) 2008 Trial Academy at the University of Missouri School of Law.  Jill joined an elite group of seasoned Missouri defense counsel from all over the state in demonstrating trial skills in a mock trial format.  Approximately thirty Trial Academy students, made up mostly of large defense firm lawyers, were critiqued by Jill and other Trial Academy faculty in an attempt to hone and sharpen trial skills. 

10th Annual Justice For All Luncheon
On April 3, 2008, the firm was one of the sponsors of the Tenth Annual Justice for All Luncheon hosted by Legal Aid of Western Missouri (LAWMO).  Governor Kathleen Sebelius along with former Olympic gold medal winner, Rafer Johnson, who with pro football player Rosie Grier, wrestled the gun that shot Robert F. Kennedy from the hands of Sirhan Sirhan in 1968, served as special guest speakers at the Luncheon.   The Justice For All Campaign is a major fundraising effort in support of LAWMO’s ongoing mission to provide essential legal services to low-income individuals, families and groups faced with economic barriers in obtaining civil legal representation.

FSM Lawyers Honored as Missouri and Kansas Super Lawyers
Franke Schultz & Mullen is pleased to announce that three of its partners have been listed among Missouri and Kansas Super Lawyers 2007. The honorees include John Schultz, John Franke and Wendell Koerner. The list of Missouri and Kansas Super Lawyers was published in a special section in November’s KC Magazine. Missouri and Kansas Super Lawyers 2007 names the top five percent of attorneys in Missouri and Kansas that were chosen by their peers and through the independent research of Law and Politics as super lawyers. Law and Politics performs the polling, research and selection of super lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super lawyers is a comprehensive and diverse guide to outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations.

Three Partners Listed Among the "Best of the Bar"
The Kansas City Business Journal has recognized John Franke, John Schultz and Nikki Cannezzaro in their 2007 "Best of the Bar" publication. The "Best of the Bar" is a peer review of emerging leaders and well known pillars of the legal community in Kansas City. Sponsored by the Kansas City Business Journal, "Best of the Bar" asks for nominations from the legal community, deciding who among their peers are worthy of being recognized among the most admired and respected lawyers in the Kansas City area. A panel of accomplished area lawyers reviewed the list of top vote getters as a final check of honorees’ reputations and professional standards.

EDC Cornerstone Award presented to FSM
The Kansas City Economic Development Corporation recognized Franke Schultz & Mullen with a Cornerstone Award for the renovation of its offices located at 8900 Ward Parkway in Kansas City, Missouri. The Cornerstone Award recognizes the best of Kansas City’s economic development projects. More than 600 Cornerstone Awards have been given over the past two decades to celebrate projects ranging from the Zona Rosa Shopping Center in the northland to the construction of the Red Vine Restaurant in the 18th and Vine Jazz District. This year, the firm was among those recognized with a Cornerstone Award.

BTI Consulting Group Recognizes Firm’s Commitment to Client Service
BTI Consulting Group’s survey of large and fortune 1000 companies recognizes Franke Schultz & Mullen as a leader in client service and client satisfaction. The BTI Consulting Group is a leading supplier of strategic information to the legal services industry. BTI Consulting’s "Survey of Client Relationship Scorecard for Law Firms" is based on interviews with approximately 400 large and fortune 1000 companies, representing America’s most powerful buyers of legal services. The firm was recognized in four separate categories including Best at Client Focus, Best at Commitment to Help Clients, Best at Providing Value to Clients, and Best at Meeting Client Expectations. BTI developed the survey to recognize law firms that have differentiated themselves from the competition through client service.

Wendell Koerner Listed in "Who’s Who in American Law"
Wendell Koerner, partner of the firm, was recently selected for inclusion in Marquis "Who's Who in American Law." Who’s Who in American Law provides personal biographical information on approximately 25,000 American legal professionals, including the nation's top judges, lawyers, educators, legal theorists, legal writers and editors. Individuals become eligible for listing by virtue of their positions and/or noteworthy achievements that have proved to be of significant value to society.