The Gast Law Firm, William E. Gast, PC, LLO, Omaha Nebraska Attorneys.

	Automobile Accidents

	Defense Verdict, Omaha, NE, 1994. Represented defendant motorist who struck retired Douglas County Judge pedestrian plaintiff crossing Omaha street. Plaintiff claimed defendant was negligent for failing to see and stop for her as other motorists had done. Jury was persuaded, defendant’s negligence notwithstanding, that pedestrian plaintiff was contributorily negligent, in sufficient degree to bar recovery, in crossing street outside crosswalk, and not maintaining adequate lookout for approaching traffic. Damages claimed: $2,000,000, including over $125,000 in medicals. Affirmed: 553 N.W.2d 724, 250 Neb. 690 (1996).

	Directed Defense Verdict, Papillion, NE, 1975. Represented defendant motorist in action by severely injured minor plaintiff. Defendant had been making left-hand turn in pick-up truck when he was struck by motorcyclist who had crested hill at an apparently high rate of speed, prior to impact. Trial court granted directed verdict, finding defendant not negligent as a matter of law since motorcyclist plaintiff came into view at high speed only after defendant had started into his turn. Affirmed: 238 N.W.2d 900, 195 Neb. 477 (1976).

	Defective Products

	Defense Verdict for Defendant Manufacturer, Omaha, 1991. Represented Columbus, Nebraska retention strap manufacturer (insured by GRE/Tower) in suit for damages paid to paraplegic widow on behalf of transport insurer of truck line. Widow injured and husband killed when large round hay bales rolled off truck and crushed them in their automobile. Jury agreed with defense that no duty to warn existed for a retention strap that was worn out and should have been withdrawn from service prior to accident. Damages claimed: $778,000.

	Insurance Fraud

	Farmers Union Cooperative Insurance Co. v. Bartlett. Omaha, NE, 1982. Represented homeowner’s insurer with circumstantial evidence of insured’s complicity in cause of house fire. Insured claimed an alibi in Kansas City on night of fire. Investigation and discovery revealed, among other things, an unexplained pattern of credit purchases in months preceding fire. Jury verdict for insurer.

	Tower Insurance Co. v. Schrawyer. Papillion, NE, 1987. Represented homeowner’s insurer with circumstantial evidence of insured’s complicity in cause of house fire. Investigation and discovery revealed fire caused by apparently loosened propane gas fitting, and insured’s unexplained “morning after” appearance at scene with a “clean” wrench, with the probably intent of re-tightening the fitting to conceal the cause of the fire. Jury believed insured intended to retighten fitting in order to conceal cause of fire, and found in favor of insurer.

	Sylvia Dunn v. GRE Insurance Group. Sidney, NE, 1995. Obtained summary judgment in favor of client commercial insurer of burned lakeside convenience store/tavern. Information learned during EUO led to discovery of evidence that insured had deeded insured property to a relative and failed to list it as an asset in her Texas bankruptcy prior to policy inception and incendiary fire loss. Court granted Summary Judgment on ground that insured did not have insurable interest in property at time of loss. Claimed: $150,000.

	Molle v. GRE Insurance Group. U.S. District Court, Council Bluffs, IA, 1996. Represented commercial insurer of bowling alley on circumstantial evidence of insured owner’s complicity in cause of fire. Investigation and discovery revealed subtle but numerous inconsistencies between insured’s apparent finances and income tax reporting. Trial Judge dismissed bad faith claim prior to submission to jury based upon finding of “reasonable cause to deny.” Jury was persuaded that one willing to defraud Uncle Sam also likely to defraud insurer. Verdict in favor of insurer. Claimed: $283,000 for building plus unspecified damages for bad faith. ( Click here to read more in Media Clips )

	Galindo v. GRE Insurance Group. U.S. District Court, Denver, CO, 1998. Represented commercial insurer of restaurant on circumstantial evidence of insured owners’ complicity in cause of 1992 fire. Insurer also claimed that policy was void on basis that insureds had fraudulently misrepresented the risk on policy application as a “new venture,” though they had unsuccessfully opened the restaurant for three months the previous year. Plaintiffs voluntarily dismissed bad faith claim prior to trial. Verdict in favor of insurer. Claimed: $150,000 for building/contents loss, attorneys’ fees/costs.

	Harrington v. Farmers Union Cooperative Insurance Co. Buffalo County District Court, Kearney, Nebraska (Defense Verdict; May, 2003). Represented homeowner’s insurer with circumstantial evidence of insured’s complicity in cause of house fire. Insured claimed to be out looking for two lost dogs at around midnight, and finding the house on fire upon his return. Investigation revealed, among other things, that the fire was intentionally set and that his policy was coincidentally expiring at midnight the night of the fire. Prior to trial, the court granted summary judgment to insurer on bad faith claim. Claimed damages: $210,000, plus attorney fees. ( Click here to read more in Media Clips )

	Widjaja v. _______ Ins. Co., Douglas County Court, Omaha, Nebraska (June, 2003). Plaintiff filed a theft loss claim against her insurer, claiming that her 1985 Toyota disappeared from her driveway during a brief out-of-town trip. However, at trial, the client insurer produced evidence: 1) that the vehicle had become nearly inoperable due to an oil leak shortly before the alleged theft; 2) that a tow truck driver, in possession of a key to her vehicle, appeared at Plaintiff’s residence at the time of its “disappearance,” claiming to have purchased it from her; 3) that no broken glass was found in Plaintiff’s driveway, indicating a key was used to enter the vehicle; and 4) that Plaintiff appeared at an auto repair business one month after the allegedly unexplained disappearance—with the insured vehicle—inquiring about the possible reparability of her oil leak, and advising the manager that her car had been found. Plaintiff denied the accuracy of that evidence. In his Order, Douglas County Court Judge John Huber found that, based upon the disputed evidence presented by the parties, the Plaintiff failed to meet her burden of proof that her insured vehicle disappeared by reason of a covered loss, in this case, a loss by theft, and dismissed Plaintiff’s suit. No appeal was taken.

	Premises Liability

	Vogt v. Farmers Union Co-operative Assn. U.S. District Court, Omaha. Defense Verdict, December, 1999. (*Despite admitted negligence) Represented Farmers Cooperative in gasoline-fire case. Plaintiff was severely burned while unloading gasoline from his fuel truck to Co-op’s underground storage tank, after gasoline spilled and ignited. Co-op was required to admit its negligence in failing to be equipped with NFPA-required liquid-tight coupling. Defense was based upon Plaintiff’s contributory negligence and assumption of risk, and lack of causation, since he had unloaded gasoline to the same tank previously and was aware of defect. Plaintiff used a makeshift “nozzle” and secured it with bailing wire, which popped out of the fill-pipe, spewing fuel and saturating his clothing, causing first, second, and third degree burns over 40% of Plaintiff’s body, $130,000 in medicals and a substantial loss of earning capacity. Note: Mediation failed despite $250,000 offer.

	Professional Liability

	Represented defendant in “doctor vs. lawyer” malicious prosecution action. Shack v. Pelton, Douglas County District Court, Omaha, Nebraska, October, 1978. Attorney defendant had earlier filed unsuccessful medical malpractice suit against plaintiff obstetrician who had failed to diagnose death of his pregnant client’s fetus in two successive monthly examinations. Client had claimed emotional injury after her severely decomposed fetus was seemingly “excreted” in toilet. Previously inexperienced in malpractice litigation, the defendant attorney had written “shakedown” settlement demands directly to doctor and then proceeded to trial without a medical expert, after which the trial judge had granted a directed verdict to doctor. In the defense of the malicious prosecution case, we established the defense of “probable cause”---notwithstanding considerable resistance---through the testimony of the Plaintiff doctor himself and the subpoenaed testimony of his own original defense expert. Though disapproving of the attorney’s tactics, jurors agreed unanimously that doctor had indeed been negligent with respect to his patient. Case was notable at time for high pressure, press coverage and the large attorney’s fees “war chest” that Plaintiff doctor had accumulated from repeated solicitations to fellow physicians.

	Securities Cases

	(Confidential Settlement) Beeder v. Omaha World-Herald Stock Fraud/Insider Trading/10b-5. U.S. District Court, Omaha, NE, 2002. Represented estate of David C. Beeder, former Washington Bureau Chief for employee-owned Omaha-area monopoly newspaper, who was required to resell his company stock upon his 1998 retirement. He later learned that, in the year after turning his stock back to the company, its value increased by approximately 50%, costing him over $700,000. Plaintiff claimed that inside information material to the value of his stock was not disclosed to him at time of his early retirement, as required by securities laws. Prior to trial, newspaper attempted to prevent the admission of evidence that OWH Board Members attempted to mislead Beeder about his claims when he began to inquire. We argued that such evidence, even though after the fact, was admissible on the issue of “intent to defraud.” Judge was asked to delay ruling to permit settlement negotiations, and case was settled for substantial, but confidential, amount two days before trial (before a ruling on the evidence issue). To prevent newspaper employees from learning the total payment in the case, the settlement money was paid through the OWH attorney firm’s Trust Account. ( Click here to read more in Media Clips )

	Other Cases

	*Commercial Litigation. Central Park Pharmacies* v. Hansl.** Successful Declaratory Judgment, Omaha, NE, 1984. Represented two pharmacists who opened a large pharmacy store one year after granting defendant a “right of first refusal option” which failed to contain a “strike” date. Defendant attempted to exercise his “option to purchase a one-third interest” in the planned pharmacy by tendering his “initial investment” two full years after the store’s opening, after it had by then become successful. Plaintiffs refused, claiming the exercise was too late, and sued for judgment declaring that plaintiffs were no longer obligated to honor defendant’s option. Affirmed: 220 Neb. 580, 371 N.W.2d 273 (1985).

	Odometer Fraud. Tusa v. Omaha Auto Auction, U.S. District Court, Omaha, NE ($1,500 award, with fees and costs, October, 1982). Represented 19-year-old victim buyer of apparently low-mileage car which “died” soon after purchase. Upon investigation, it was learned that the car previously had a high odometer reading and had been laundered through an organized crime outfit in Kansas City before arriving at the defendant Auto Auction (OAA), whose employees filled in the post-spin odometer reading on the Odometer Mileage Statement. We also became aware that the Consumer Fraud Division of the Nebraska Attorney General Office had been investigating the Auto Auction for many years, but as yet had been unsuccessful in making a case. However, due to the court’s findings in Tusa, the State of Nebraska was finally successful in its long efforts to revoke the license of the then-owner of OAA, which is now in the hands of reputable owners. Affirmed: 712 F.2d 1248 (1983).

	Liquor Liability. Summers v. Harlan Main Street, et al., Harlan, Iowa (Defense Verdict; March, 1994). Represented insured downtown Harlan, Iowa business owners’ organization, and others, in a two-week trial. It had been alleged that insureds had served alcohol to a minor at sponsored social event, who later operated motor vehicle in a severely intoxicated state across the center line, causing quadriplegia and catastrophic brain damage to 21-year-old plaintiff. Verdict requested by plaintiff attorneys: $10,000,000, including $760,000 in incurred medical expenses. ( Click here to read more in Media Clips )