Attorney Profile

Brian S. Franciskato

Brian Franciskato

Nash & Franciskato Law Firm
Two Pershing Square, 2300 Main Street, Suite 170
Kansas City, MO 64108

Missouri (MO)

Contact Contact Brian S. Franciskato
T: 866-271-5022
F: 816-221-6612

Practice Areas: Personal Injury - Products: Plaintiff (70%), Personal Injury - General: Plaintiff (30%)

Personal Injury - Products: Plaintiff

Personal Injury - General: Plaintiff


Brian specializes in plaintiffs' personal injury, semi-truck accidents, wrongful death, products liability, medical device failures, and construction accidents. He has tried numerous cases throughout the United States. Brian is a member of the Board of Governors of the Missouri Association of Trial Attorneys, a Sustaining Member of the Kansas City Metropolitan Bar Association, a member of the Missouri Bar Association (Civil Practice and Tort Law Committees), a member of the American Association for Justice (Products Liability and Medical Device Litigation Sections), and a member of the Orthopedic Device Litigation Group. Brian has lectured on and authored articles regarding litigating personal injury claims, admissibility of scientific evidence, the Rules of Civil Procedure, and obtaining the best settlements for clients.

Recently, Brian has been actively invovled in litigation throughout the United States against Johnson and Johnson, Zimmer, Stryker, Wright Medical and Biomet regarding defective metal-on-metal hip implants. He has obtained numerous settlements for clients who have been injured by defective hip and knee implants.

Years of Selection

• Super Lawyers: 2008 - 2014

About Brian Franciskato

Admitted: 1993, Missouri

Professional Webpage:

Honors and Awards:

  • BEST OF THE BAR-  Selected as a Top Attorney in the Kansas City Metropolitan area for excellence in representing clients in serious personl injury, prodcuts liability and wrongful death cases.  , Best of the Bar, K.C. Business Journal, 2013
  • Selected to the Multi-Million Dollar Advocates Forum for obtaining mutilple awards in excess of $2,000,000 for clients., Muti-Million Dollar Advocates Forum, 2010
  • Awarded the Kansas CIty Legal Leaders Award for Law Firm Pro Bono Legal Activity in the community., Law Firm Pro Bono Legal Leader Award, The Daily Record and Missouri Lawyers Weekly, 2008
  • Selected by faculty to Order of Barristers for outstanding litigation and trial skills., Order of Barristers, University of Missouri of Columbia- School of Law
  • Fred L. Howard Award for Excellence in Advocacy, University of Missouri-School of Law

Bar/Professional Activity:

  • Missouri Association of Trial Attorneys (Member 1993-present;  Board of Governors 2004-present)
  • American Association of Justice (2003- present;  Stae Delegate;  Product Liability and Medical Device Litigation Sections;  Orthopedic Implant Litigation Group)
  • Kansas City Metropolitan Bar Association (1995-present;  Leader of the Bar; Sustaining Member, Torts Law Committee, Solo and Small Firm Committee)
  • Missouri Bar Association (1993- present;  Torts  Law and Civil Practice Committees)
  • National Trial Lawyers Association-  Top 100 Laywers in Missouri

Pro bono/Community Service:

  • Sponsor and Member of Justice for Missouri Families
  • Member of Missouri Trial Lawyers Who Care (Mo-TLC).
  • Annual Sponsor and Member of the Red Cross Emergency Disaster Relief Response Team providing legal services to victims of natural disasters.
  • Annual Sponsor of the Lee's Summit Education Foundation
  • Annual Sponsor of the Kansas City Blanket Project for the Homeless
  • Annual Sponsor of Lawyers Encouraging Academic Performance

Scholarly Lectures and Writings:

  • Served as Faculty Lecturer, "Hearsay Objections and Exceptions", 2014
  • Served as Faculty Lecturer on "Litigation Strategies in Personal Injury Cases Against Manufacturers of Defective Knee and Hip Implants", American Association of Justice, 2009
  • Served as Faculty Lecturer;  "Working with Expert Witnesses:  The Plaintiff's Attorney's Perspective", Humantec Engineering Group, 2009
  • Served as Continuing Education Staff Lecturer discussing tax consequences of settlements, division of settlement proceeds among spouses, approval of minor settlements and attorneys liens., Staff Lecturer, "Obtaining the Best Settlement for Personal Injury Clients: Consider Key Issues That Arise During the Settlement Process", 2008
  • Served as Continuing Legal Education Staff Lecturer regarding various terms of releases, hold harmless agreements and handling payments to health care providers in personal injury cases.  "Work Effectively With Subrogations, Reimbursements, Liens and Privileges", Staff Lecturer, 2008
  • Author of a chapter of the  Missouri Bar Evidence Deskbook related to admissibility of scientific evidence in Missouri., Author, Missouri Bar Evidence Deskbook: “Chapter 20: Scientific Evidence”, Mo. Bar Publications, 2006
  • Served as Continuing Legal Education Staff Lecturer regarding issues related to personal injury litigation., Lecturer, “Plaintiff’s Personal Injury: Statutes That Effect Liability”, 2006
  • Served as Continuing Legal Education Staff Lecturer regarding issues related to Federal Court Rules and Civil Procedure., Lecturer, “A Practical Guide to Federal Court Rules and Procedures in Kansas”, 2003

Verdicts and Settlements:

  • Over $40 Million combined settlements against manufacturers of defective knee and hip replacements., 2014
  • Confidential Settlement for Wrongful Death Suicide-  Client's son commited suicide while serving in the U.S. military in Afghanistan.  Nash and Franciskato filed a lawsuit for wrongful death alleging that the suicide was caused by an adverse reaction to an anti-malaria drug.  The case settled for a confidential ammount at mediation.  , 2013
  • $ 1 Million Settlement-   Client was travelling on the interstate when he suddenly came upon a semi-tracktor trailer that was illegally stopped in the middle of the interstate.  The client slammed on his brakes but was unable to avoid crashing into the rear of the parked semi.  The client sustained severe injuries to his feet and legs., 2011
  • $6.5 Million Jury Verdict. in Jackson County Missouri against the Kansas CIty Missouri Board of Police Commissioners for the wrongful termination of a Kansas City, Missouri police officer.  NOTE:  The verdict was reduced on appeal to an award of $500,000 plus attorneys fees., 2010
  • $400,000 Settlement.  Client was driving a truck owned by his employer when he was struck from behind while stopped at a red light.  He sustained a herniated disk in his neck which required surgery.  A claim was made against the driver and the client's employer's underinsured motorist coverage., 2010
  • $2.4 Million Wrongful Death Settlement for for Employee who, while working on a cell tower, fell 600 feet while riding in a bucket that was negligently rigged by his employer in violation of OSHA regulations., 2009
  • $270,000 Settlement against Landlord for failure to maintain working smoke detectors in Government Assisted Housing resulting in the death of 2 children., 2009
  • $ 2 Million Settlement:  Our client was on a bicycle ride with her 11 and 3 year old daughters. She was pulling the 3 year old in a bicycle trailer. Our client was walking her bicycle across an intersection, within the cross walk, when a truck driver failed to yield and turned right on a red light, striking our client, killing her instantly. The case settled before a lawsuit was filed for $2,000,000., 2008
  • $725,000 Settlement against against a Restaurant & Bar for negligently serving alcohol to a minor patron who was severely injured in an automobile accident after leaving the premises., 2008
  • $120,000 Settlement against manufacturer of defective pain pump system used in a bunionectomy surgery., 2008
  • $220,000 Settlement against manufacturer of defective safety cover and valve mechanism of an irrigation system which exploded and caused permanent injuries to the clients eye and arm., 2007
  • $1.1 Million Settlement for severe personal injuries against trucking company where the truck driver had falsified his log books., 2007
  • $560,000 Settlement for a client who sustained a head injury in an automobile accident when struck from behind by a semi-tractor trailer., 2006
  • $2.5 Million Wrongful Death Arbitration Award against the Missouri Highway and Transportation Commission for inadequate signing in a construction zone., 2006
  • $450,000 Settlement against a restaurant for defective handrails and inadequate lighting when a client fell and broke her hip., 2005
  • $500,000 Wrongful Death Settlement against highway construction contractors for improper road signs and inadequate traffic control., 2005
  • $175,000 Settlement in a premises liability case where an elderly client fractured her hip when she fell down stairs that had an inadequate handrail., 2004
  • $350,000 Settlement against government contractors for claims of interference in business contract and misrepresentation., 2003
  • $3.125 Million Wrongful Death Judgment arising out of an automobile collision in which defendant driver crossed the center line and collided with plaintiff., 1997

Educational Background:

  • J.D., University of Missouri-Columbia School of Law, Graduated Order of the Barristers, Dean's List, Member of the Board of Advocates, Member of the National Environmental Law and Policy Review, National Environmental Law Moot Court Team,  Fred L. Howard Award for Excellence in Advocacy, American Jurisprudence Award for Pre-Trial Litigation and Procedure., 1993
  • B.A., William Jewell College,  History, Political Science and Philosophy.  Graduated Summa Cum Laude,  Oxford Overseas Honor Study, Oxford, England (1989), Phi Beta Kappa., 1990
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