Attorneys
Bradley S. Russell
- Insurance Defense
- Trucking & Transportation
- Medical Malpractice
- Insurance Coverage Disputes
- Commercial & Construction Litigation
- Intellectual Property Litigation
913-234-6110
b.russell@swrllp.com
Education
- J.D., University of Kansas, 1988
- B.A., Kansas State University, 1985
Bar Admissions
- U.S. Supreme Court, 2006
Kansas, 1988 - Federal and State Courts
Missouri, 1988 - Federal and State Courts
Professional Affiliations
Kansas Bar Association
The Missouri Bar
Listed in Super Lawyers for Kansas & Missouri
Practice & Activities
Brad has been involved in over 1000 lawsuits and has tried over 90 jury trials. The cases defended by Mr. Russell are primarily in federal and state courts in Kansas and Missouri. His practice concentrates primarily in the area of litigation.
Representative Cases & Results
- Pierpoint v. Wittig Transport: A two week jury trial in Osage County, Kansas involving allegations of a traumatic brain injury and other personal injuries to a Gulf War veteran from a trucking accident on a snow packed roadway. Co-defendant settled the case for $200,000 before trial. Mr. Russell’s client was assessed total damages of less than $1,000 after comparative fault.
Kearbey v. Wichita Southeast Kansas Transit. This lawsuit was defended in Jackson County, Missouri and involved a trucking accident involving a dispute over which vehicle crossed the center line, with several personal injuries including a nearly complete amputation of plaintiff’s arm. A two week jury trial led a verdict in favor of the defense. This was identified as one of the top defense verdicts in the state of Missouri for 2004.
Hart v. World Wrestling Federation & City of Kansas City, Mo. This lawsuit was defended in Jackson County, Missouri and involved the death of a professional wrestler during a show presented at Kemper Arena in Kansas City. Mr. Russell was lead counsel for the defense of the City which owned the arena where accident took place. Although the wrestling organization eventually paid $13,000,000 to resolve the matter, the City was dismissed without contributing to the settlement.
Kelly & Bosworth v. Swan. This suit involved claims of malpractice against the defendant agent who procured sports disability insurance on behalf of Jim Kelly (former quarterback of the Buffalo Bills) and Brian Bosworth (former linebacker from University of Oklahoma and Seattle Seahawks) with an insurance company that later declared bankruptcy and was allegedly part of a RICO-style conspiracy. Mr. Russell represented defendant agent. The case was settled confidentially.
Wyngarden, Maman & Haddoni v. Marshall Mathers, et al. Several passengers on a tour bus which was part of rap star Eminem’s Anger Management II Tour were injured when their tour bus allegedly lost control and rolled over in Missouri. The plaintiffs sued Marshall Mathers a/k/a Eminem and several other defendants. Mr. Russell represented the defendant driver of the tour bus who allegedly was traveling in excess of 90 miles per hour at the time of the accident, allegedly tested positive for drugs, and was in violation of federal regulations concerning hours of service at the time of the accident. The case resolved by way of settlement.
Tudor v. Wheatland Nursing. This was a wrongful death case against a nursing home whose resident choked to death on a cheese sandwich. Mr. Russell was successful in obtaining summary judgment on behalf of defendant.
Jackson v. Life Care Centers. This was a wrongful death action brought against a nursing home alleging that the defendant failed to provide proper hydration, nutrition and other healthcare services to the resident who subsequently passed away. Mr. Russell represented the defendant and the case was eventually dismissed.
Hamby v. Sedalia Emergency Services. This was a wrongful death medical negligence case where plaintiff, a diabetic, was allegedly discharged from the emergency room without a blood sugar test. Within 11 hours, she was found dead at home from diabetic ketoacidosis. The case was resolved confidentially.
Ward v. Kansas City Southern Railway Company. Mr. Russell represented the railroad in this FELA case brought by an injured railroad employer in Jackson County, Missouri. The plaintiff claimed permanent disability to his low back following an accident in a railroad transportation van which was struck by a drunk driver while on the highway. The employee claimed that the van failed to properly secure items in the cargo area in direct violation of state regulations. Plaintiff demanded $600,000 before trial but received only $50,000 from the jury.
Vanlerberg v. Mill Creek Community Church, et al. Mr. Russell represented a local church and youth baseball facility whose property allegedly caused improper water drainage onto plaintiff’s property. Both clients were dismissed by way of summary judgment.
Hernandez v. Coe. Mr. Russell represented a transportation company that allegedly failed to properly restrain a double amputee. Following a sudden avoidance of another motorist, the passenger fell from her wheelchair and received injuries. Within less than 24 hours she developed a brain aneurysm and died. The case was settled confidentially.
Phillips v. Blair, et al. Mr. Russell represented the owner of a shopping center in regards to a claim of negligent failure to provide adequate security after a gang member shot a teenage on defendant’s premises rendering plaintiff a quadriplegic. The jury returned a verdict in favor of defendant.
Murphy v. Twin Valley Developmental Services. Mr. Russell defended the defendant and its van operator from claims of negligence in colliding with the plaintiff whose vehicle was stopped on a state highway for construction. The matter was tried to a jury and the verdict for plaintiff was substantially less than the pre-trial offer.
Rank v. State Farm. This was an uninsured motorist suit in Wyandotte County, Kansas which Mr. Russell represented State Farm, and it resulted in a verdict substantially less than plaintiff's medical bills. The case is currently on appeal before the Kansas Court of Appeals.
McClellen v. Anderson-Erickson Dairy Co. Mr. Russell tried this trucking accident case in Miami County, Kansas and obtained a defense verdict for Anderson-Erickson.
Desmond v. Will’s Trucking Co. In this matter, Mr. Russell defended the defendant trucking company in response to claims that it’s over-the road driver caused an accident which severed plaintiff’s leg above the knee. The matter was settled during mediation for a confidential amount.
Fox v. Jefferson Lines Bus Company. Mr. Russell represented the driver of a bus who lost control on an interstate highway and came to rest in a creek. Numerous claims of passengers were all resolved by way of settlement.
Dufrene v. Kleinschimdt. In a multi-plaintiff wrongful death and personal injury trucking negligence case, Mr. Russell represented one of two trucking company defendants. The case
Energy v. Divine. This was a claim of breach of a covenant not to compete and related claims. Mr. Russell represented the defendant. Claims were also brought against an insurance company of defendant. A confidential settlement was reached between the plaintiff, defendant and the insurance company.
Hertel v. Baeke. This was a Jackson County, Missouri case in which Mr. Russell represented a plastic surgeon and his clinic from claims that the defendant improperly posted clinical post-surgical photos of plaintiff on a web site operated by defendants. A confidential settlement was reached.
Nielsen v. U.S.D. 347. Mr. Russell defended the school district and its van driver from negligence claims resulting from a highway accident in rural Kansas. The case resolved in mediation.
Spalitto v. H.W. Development. In this wrongful arrest action, Mr. Russell defended a corporation owning a convenience store from claims they improperly reported a customer to the police after an alleged drive-off from the premises without paying. The case settled for a small amount.
Hix v. National. This was a trademark infringement case also involving claims of trade secret violations between two major manufactures of screen printed materials based in Southeast Kansas. Mr. Russell represented the president of the defendant company, and a confidential settlement was reached.
Ramsey v. Lee. This Sedgwick County, Kansas case involved mold claims arising from the construction of a residential home. The defendant was dismissed from the case by way of summary judgment.
Turner v. Iowa Fire. This was a case in which Mr. Russell represented Iowa Fire Equipment Company whose employee allegedly triggered an accidental discharge of fire suppression powder during routine maintenance. The plaintiff alleged respiratory problems as a result of the exposure. The case resulted in dismissal by way of summary judgment in favor of Iowa Fire. The dismissal was later affirmed by the Eighth Circuit.
May v. U.S. Engineering. This was a case in which Mr. Russell represented defendant in Jackson County, Missouri as a result of defendant's vehicle rolling out of control after being left unattended. The plaintiff attempted to stop the runaway vehicle and claimed injury as a result. A verdict less than the medical expenses was obtained.
Bass Pro v. Tomelleri. This was a trademark infringement case in which Mr. Russell represented one of the defendants in federal court in Kansas. The case resulted in a small settlement for the plaintiff.
Pioneer v. Omni. In this trademark infringement case, Mr. Russell represented an employee of the defendant and former employee of plaintiff who allegedly had violated a non-compete clause and infringed on plaintiff's trade dress and internet site. The case resulted in a defendant's dismissal.
Barnhart v. Capper. In this jury trial, Mr. Russell defended a driver who allegedly struck the plaintiff/pedestrian after attempting to flee a crowd at a keg party. The jury returned a defense verdict.
Stevens v. State Farm. Mr. Russell represented an insurance company in a declaratory judgment action arising from a dispute over whether a driver was operating a vehicle with the permission of the owner. The underlying “hill-jumping” accident caused plaintiff to suffer a fractured spine. A jury returned a verdict finding that the carrier did not owe any coverage to the injured party under the circumstances.
Recent Jury Trial Experience
- In 2011, Mr. Russell tried 3 civil cases to verdict. All resulted in either defense verdicts or verdicts below the defendants’ pre-trial offer.
- In 2010, Mr. Russell tried 4 civil cases to verdict. All resulted in either defense verdicts or verdicts below the defendants’ pre-trial offer.
- In 2009, Mr. Russell tried 4 civil cases to verdict. All resulted in either defense verdicts or verdicts below the defendants’ pre-trial offer.
- In 2008, Mr. Russell tried 4 civil cases to verdict. All resulted in either defense verdicts or verdicts below the defendants’ final pre-trial offer.
- In 2007, Mr. Russell tried 5 civil cases to verdict for defendants. All resulted in verdicts significantly below the pre-trial offers extended to plaintiffs.
Articles & Presentations
"Beyond Bates: What is the True Measure of Damages for an Injured Party Who Has Incurred Medical Bills," The Barletter, Vol. 15, April 2001.
