2011 Super Lawyers Pro Bono Award
Attorney Profile

Brian S. Franciskato

Brian Franciskato

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

Kansas City

Missouri (MO)

Contact Contact Brian S. Franciskato
T: 816-221-6600
F: 816-221-6612

Visit: www.nashfranciskato.com
Practice Areas: Personal Injury Plaintiff: Products (70%), Personal Injury Plaintiff: General (30%)

Personal Injury Plaintiff: Products

Personal Injury Plaintiff: General

Profile

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.

Selected To

Missouri & Kansas Super Lawyers 2011
Missouri & Kansas Super Lawyers 2010
Missouri & Kansas Super Lawyers 2009
Missouri & Kansas Super Lawyers 2008

About Brian Franciskato

Admitted: 1993, Missouri

Professional Webpage: nashfranciskato.com/attorney-profiles/brian-s-franciskato/

Honors and Awards:

  • Fred L. Howard Award for Excellence in Advocacy, University of Missouri-School of Law
  • 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

Bar/Professional Activity:

  • American Association of Justice (2003- present;  Product Liability and Medical Device Litigation Sections;  Orthopedic Implant Litigation Group)
  • Missouri Bar Association (1993- present;  Torts  Law and Civil Practice Committees)
  • Kansas City Metropolitan Bar Association (1995-present;  Sustaining Member)
  • Missouri Association of Trial Attorneys (Member 1993-present;  Board of Governors 2004-present)

Pro bono/Community Service:

  • 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
  • Sponsor and Member of Justice for Missouri Families

Scholarly Lectures and Writings:

  • 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
  • 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 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
  • 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

Verdicts and Settlements:

  • $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
  • $350,000 Settlement against government contractors for claims of interference in business contract and misrepresentation., 2003
  • $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
  • Over $4.5 Million combined settlements against manufacturers of defective knee and hip replacements., 2004
  • $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
  • $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
  • $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
  • $ 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
  • $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
  • $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
  • $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., 2010

Educational Background:

  • 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
  • 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
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