Shafer & Welch, L.C. News

High-speed crash prompts $5M verdict
PLAINTIFFS TRIED TO ATTACH CRIMINAL BOND TO CIVIL CASE
Published: May 1, 2011

A Platte County judge has awarded $5 million to the family of a 22-year-old woman killed when a driver sped 150 mph and rear-ended the car in which she was traveling.

The judgment of $3 million in actual damages and $2 million for aggravating circumstances is largely a symbolic win for the woman’s family, said Quint Shafer, the plaintiffs’ attorney. He said the parties agreed beforehand that defendant John McNamara and his family would pay plaintiffs Patrick and Diana Cockrill $300,000, no matter the judgment amount.

Of that $300,000 amount, $200,000 came from part of a cash bond McNamara posted shortly after his August arrest. Attaching the cash bond to a civil judgment was a unique element of the wrongful death suit that required a lot of analysis and paperwork, Shafer said.

“It’s pretty unusual for anyone to be able to come up with a large cash bond in a criminal case,” Shafer said. “I saw that as a possible asset that could be used to satisfy the judgment we might be able to obtain in the civil case. The question was, how to do it.”

In the early hours of Aug. 22, McNamara was behind the wheel of a 2010 Chevrolet Camaro, traveling north on Interstate 29 near Barry Road. Barreling down the freeway at more than 150 mph, according to the Camaro’s black box, McNamara looked down momentarily at his speedometer. When he looked up, a car carrying 22-year-old Abby Cockrill appeared in front of him.
The Camaro clipped the back left side of the car, knocking it off the freeway. The roof of the car crushed Cockrill, who was seat-belted into the passenger side of the car. She died of blunt-force trauma. McNamara and the other driver suffered only minor injuries.

McNamara, a production supervisor at a General Motors plant in Kansas City, had been drinking that night at a Jackson County establishment, Shafer said. According to the police report, McNamara’s blood alcohol content was .17. Shafer said he is considering filing a dram shop liability suit against the bar that served McNamara.
McNamara pleaded guilty to first-degree involuntary manslaughter and second-degree assault. Two days after Platte County Circuit Judge Owens Lee Hull Jr. issued the $5 million civil judgment, he sentenced McNamara to 17 years in prison.

J.R. Hobbs, McNamara’s Kansas City criminal defense attorney, said even if McNamara offered part of his cash bond to the civil plaintiffs, Platte County prosecutors had indicated they wouldn’t budge from their request for a 20-year-sentence.

Still, the $200,000 portion of the cash bond was offered as a mitigating factor at sentencing, Hobbs said, along with other mitigating factors, such as McNamara’s guilty plea, genuine remorse, gainful employment and his participation in alcohol counseling.

“It was a difficult case for all sides,” Hobbs said. “Mr. McNamara tried to bring closure with his plea of guilty and his acceptance of responsibility.”
In December, the Cockrills filed an affidavit in support of the prejudgment attachment of McNamara’s $250,000 cash bond, citing Supreme Court Rule 85.08 and R.S.Mo. 521.070.

When they tried to attach the bond to the civil matter, the Cockrills had to post their own bond for an identical amount, Shafer said. That’s because when it comes to a criminal bond, the state of Missouri is, in effect, the first lien holder, he said. If the Cockrills did successfully attach the bond, receive the money and squander it, then the state would have no bond to ensure McNamara’s presence in court, Shafer said.

“They went to their bank and basically got a letter of credit. They provided that to a surety company, which then provided a $250,000 bond,” Shafer said. “That met the requirement of the court rule.”
Hull never got the chance to rule on whether any part of McNamara’s criminal bond could be attached to the civil judgment. The parties negotiated and decided that $200,000 of the bond would be paid to the Cockrills, Shafer said. Progressive Direct Insurance Co. chipped in another $100,000, the limits of McNamara’s insurance policy.

“The defendant had already pleaded guilty. He was going to be sentenced within a couple of days,” Shafer said. “We believed it was more efficient while he was pending sentencing to adduce evidence, have testimony and let Judge Hull rule on the issue of damages.”

Keith A. Cary, the Franke, Schultz & Mullen attorney for McNamara in the civil case, did not return phone calls seeking comment by press time.

The Cockrills also filed an underinsured motorist claim with their insurer, State Farm Insurance. State Farm settled with the Cockrills in February, allowing the couple to stack five separate policies for a total of $500,000.

James L. Sanders, the Overland Park, Kan., attorney for State Farm, said his client does not allow him to comment on cases.

As part of the agreement with McNamara, the parties agreed to submit the facts of the case to Hull. Shafer said he offered evidence from an administrator from Northwest Missouri State University, where Abby Cockrill was finishing her education and training to become a teacher. The administrator estimated that Cockrill could have earned close to $2 million over a 30-year-career as an educator, plus $14,000 a year in retirement benefits.

• $5 million bench verdict
  WRONGFUL DEATH
• Court: Platte County Circuit Court
• Case Number/Date: 10AE-CV03126/March 8, 2011
• Judge: Owens Lee Hull Jr.
• Plaintiffs’ Expert: Sgt. M.A. Cool, Missouri State Highway Patrol, Higginsville (accident reconstruction)
• Insurance Carrier: Progressive Direct Insurance Co. for McNamara; State Farm Insurance Co. for Cockrills
• Caption: Patrick Cockrill and Diana Cockrill v. John Allen McNamara
• Plaintiffs’ Attorneys: Quint Shafer and Jeremy Webb, Shafer & Welch, Weston
• Defendant’s Attorneys: Keith A. Cary, Franke, Schultz & Mullen, Kansas City, for McNamara; James L. Sanders, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for intervenor State Farm

Jared Welch Selected as a Rising Star by Super Lawyers Magazine

For the second time in as many years Jared was selected by Missouri & Kansas Super Lawyers magazine as a Rising Star. This honor is given to attorneys that are 40 years old or younger that have been practicing less than 10 years to recognize the top up-and-coming attorneys in the state.

SHAFER SERVES AS SPECIAL PROSECUTOR

“A Northmoor man will serve nearly nine months in jail followed by three years of probation as a result of the efforts of local attorney Quint Shafer, who recently served as an independent Special Prosecutor for the State of Missouri. Ryan A. Holcomb, 27, received the sentence in Platte County Circuit Court on June 17 for a crime spree involving a stolen vehicle.

Platte County Prosecutor Eric Zahnd sought a special prosecutor in the case after learning Holcomb was suspected of stealing items from the vehicle of an assistant prosecutor in Zahnd’s office. Associate Circuit Court Judge Dan Czamanske appointed Shafer, who also serves as the Weston municipal prosecutor, to handle the case. Shafer provided his services to Platte County at no charge to the county.

On January 17, 2010, officers from the Parkville Police Department found a stolen red 1994 GMC 2500 truck in a parking lot. The owner of the stolen vehicle arrived at the parking lot and saw his aluminum truck bed tool box on a 1998 Dodge Ram, also sitting in the in the parking lot. A check of the license plate on the Dodge Ram revealed that it belonged to Holcomb.

Holcomb, who was denied a bond reduction and remained in custody from January to May, pled guilty to tampering with a motor vehicle and receiving stolen property on May 6, 2010. He was later sentenced in by Judge Owens Lee Hull.

Holcomb was sentenced to serve three years on probation with the Missouri Board of Probation and Parole. As conditions of his probation, Holcomb is required to serve an additional 120 days in jail, pay restitution, complete 40 hours of community service, complete substance abuse treatment, and obtain a mental health evaluation. If he violates probation, Holcomb faces up to five years in prison.

Zahnd said, “The citizens of Platte County are lucky to have a local attorney like Quint Shafer who is willing to lend his time and talent at no cost to the state so that a criminal can be held responsible for his actions. That is true public service of the highest order.”

The case was investigated by the Parkville Police Department and Platte County Sheriff’s Department. Shafer coordinated the prosecution with those agencies and made all court appearances in the case.

PRESS RELEASE RE: INN OF COURT
(For immediate release)

Jeremy Webb, an associate attorney with Shafer & Welch, L.C. (Weston, MO), recently attained the title of Barrister after becoming a member of The Ross T. Roberts Inn of Court. The Ross T. Roberts Inn of Court program is chartered by the American Inns of Court Foundation and consists of an eight-month program designed to help enhance the trial skills of young lawyers and foster excellence in professionalism, ethics, collegiality and legal skills. Mr. Webb attended regular meetings during the program in order to develop and demonstrate his trial techniques and courtroom ability before a panel of local trial attorneys and judges.

Firm manager and owner, Quint Shafer, complimented Jeremy on his recent accomplishment: “We are in the business of serving clients throughout northwest Missouri and Jeremy Webb works hard, cares about his work and does a great job assisting our many clients. His recent completion of the Inn of Court program is a testament to his dedication and desire to further hone his courtroom skills.”

Mr. Webb has been an attorney with Shafer & Welch, L.C. since 2008 and has appeared in state and municipal courts throughout northwest Missouri. He regularly handles a variety of matters ranging anywhere from traffic matters to appellate court work. He has maintained a focus on general litigation.

For more information, please contact:
Jeremy Webb
Shafer & Welch, L.C.
1099 Welt St. P.O. Box 38
Weston, MO 64098
Phn. (816) 640-5221
Fax. (816) 640-5323
www.shaferwelch.com

Jared Welch Selected by Super Lawyers Magazine

In 2009 Jared was selected by Missouri & Kansas Super Lawyers magazine as a Rising Star. This honor is given to attorneys that are 40 years old or younger that have been practicing less than 10 years to recognize the top up-and-coming attorneys in the state.	Jared P. Welch online at visit superlawyers.com

Shafer Elected to Board of Justice Institute for Missouri

Attorney Quint Shafer was recently elected to the board of directors for the Justice Institute for Missouri (“JIM”). “JIM” is a non-profit corporation responsible for planning activities in Missouri designed to promote: education, public understanding and advocacy of the importance of our judiciary system.

It also promotes understanding of the importance of an adequately funded and fairly compensated judiciary; policies and laws designed to protect our judiciary system; and adequate funding of the judiciary system and fair compensation for the judiciary.

Quint looks forward to working with the current board members in fulfilling the institute’s goals in the upcoming year.

Harvard Law School - Cambridge MA - June, 2009

Quint Shafer recently attended the Harvard Negotiation Institute where he completed the Workshop Essentials for Lawyers and Working Professionals. The course is designed to provide a theoretical and cognitive framework for better understanding negotiation and negotiation success. It draws from the inherently interdisciplinary research and teaching from the Program on Negotiation at Harvard Law School. The program was attended by business leaders and attorneys from more than ten different countries.