Don O’Keefe

Assigned appellate attorney for the St. Louis mass transit agency following an adverse verdict of almost $1.9 million in the City of St. Louis. Don was engaged to seek direct transfer to the Missouri Supreme Court after the appellate court ruled that the mass transit’s statutory cap under state law conflicted with certain federal regulations requiring motor carriers to maintain financial responsibility up to $5,000,000 for buses carrying over 16 passengers. Instead of a statutory cap of approximately $420,000, the cap was superseded by the five million per person limit according to Missouri Court of Appeals. If allowed to stand, this holding would have significantly impacted the mass transit agency’s operations and financial structure in both Missouri and Illinois if its liability extended to $5 million for each loss. After accepting transfer to the Missouri Supreme Court, Don was able to secure a reversal of the underlying appellate decision.  The Supreme Court ruled that there was no conflict between Missouri statutes and federal motor carrier regulations concerning financial responsibility. Therefore, the sovereign immunity cap was reinstated for Don’s client and the underlying verdict was remitted to the cap amount.

Handling attorney in an arbitration matter involving a dormitory construction project at Auburn University in Alabama. Don defended a medium-sized window manufacturer who was sued by the general contractor and the window installer who both claimed that the windows were defective necessitating repairs, and leading to cost overruns, delays and other damages exceeding $1.2 million. After a two-week arbitration hearing, the window manufacturer was exonerated from all liability. In addition, Don’s client was awarded its entire bill for legal fees and costs incurred.

Handling Attorney in the case of Hubble v. Bi-State, a case that was argued before the Illinois Supreme Court on this issue of whether or not a government compact created by the states of Missouri and Illinois was considered a local public entity. Don defended the local bus company and light rail company through the courts before landing in the Illinois Supreme Court on the issue of whether or not Don’s client was a local public entity. The Court found that the bus company was a local public entity and dismissed the case because the case was filed after the limitations period governing public entities.

Handling Attorney in the case of Smith v. Allied Services, a catastrophic trucking accident which Don defended in St. Charles County. The case was the single largest civil defense verdict in this county and represented the largest defense verdict as recognized by Missouri Lawyers Weekly for the year. The plaintiff suffered a traumatic brain injury with severe cognitive impairment which included a life care plan valued at more than $7.6 million. After spending several weeks in trial, the jury returned a unanimous verdict in favor of the waste company and its operator for the accident.

Handling Attorney in the case of State Ex Rel. Taylor v. Wallace, a case that was submitted and argued to the Missouri Supreme Court on the issue of co-employee immunity involving fellow employees who were involved in a serious truck accident leaving one of the employees with serious and disabling injuries. Don defended the case and challenged the lower court’s jurisdiction to hear the case of first impression and after a successful appeal to the Supreme Court, the court found that the responsible employee for the accident was afforded co-employee immunity for the accident. Therefore, Don’s client was not subject to a civil suit and the case was dismissed.