Jim advises insurance companies, their insureds, railroad companies, and other self-insured entities on issues involving personal injury, commercial litigation, insurance coverage, professional liability, trucking, and automobile litigation. Because of his experience handling trials, appeals, and alternative dispute resolution in these areas, clients include Jim in their overall case strategy.
With extensive knowledge of issues pertaining to trucking and commercial transportation litigation, Jim has worked closely with insurers in defending their claims in these areas. Jim has also had years of experience in handling Federal Employer’s Liability Act cases, and railroad companies employ Jim and the attorneys of the Railroad Practice Group to research, coordinate, and effectively manage their litigation. Jim possesses an in-depth understanding of settlement strategies and has spoken about and authored articles on the subject.
When he’s not hard at work, Jim enjoys traveling and spending time with his wife and family, especially his three grandchildren.
Presentations
- “Navigating The Unfair Claims Practices Act,” Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2018
- “Insurance Coverage: A Panel Discussion,” Commercial Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2014, 2015
- “Commercial Vehicle Coverage Issues,” Commercial Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2013
- “First-Party Property - Which Came First, the Covered or Excluded Cause of Damages?,” Minnesota Commercial Insurance Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2012
- “How to Get the Right Language in Your Jury Instructions Post McBride,” NARTC Winter Meeting, March 2012
- “Railroad Cases: Lessons Learned,” Association of the American Railroads, General Claims Conference, September 2011
Education
University of Maryland School of Law, J.D., 1979
Brown University, B.A., 1974
Bar Admissions
Minnesota, 1980
U.S. Court of Appeals, Eighth Circuit, 1980
U.S. District Court, District of Maryland, 1979
U.S. District Court, District of Minnesota, 1980
Professional Associations and Memberships
American Bar Association
Defense Research Institute
Hennepin County Bar Association
Minnesota Defense Lawyers Association
Minnesota State Bar Association
National Association of Railroad Trial Counsel
License
Minnesota
Representative Cases
Wogstad v. Soo Line Railroad. In January 2014, a six-day Federal Employer’s Liability Act case trial in Hennepin County District Court. Verdict: $289,870 after 65% of fault placed on plaintiff.
Hagness v. BNSF Railway. In July 2011, a seven-day Federal Employer’s Liability Act/Locomotive Inspection Act case trial in Hennepin County District Court. Verdict: $199,980.
Smith v. Soo Line Railroad. In February 2010, a six-day Federal Employer’s Liability Act case trial in Hennepin County District Court. Verdict: $14,500 after 90% of fault placed on plaintiff.
Brueckner v. BNSF Railway & Brown’s Crew Car. In August 2006, a five-day Federal Employer’s Liability Act case trial in Lincoln, NE federal district court. Verdict: Defense Total.
Zahradnicek v. Union Pacific Railroad and Crew Shuttle Service. In May 2005 for four and one half days in Ada County District Court, Idaho. Regarding Federal Employers Liability Act. Verdict: $327,250 (admitted liability and verdict was much less than plaintiff would have taken to settle).
Thoennes v. Spider Staging Corp. v. Rainbow, Inc. In May 2002 for five days at Hennepin County District. Court Regarding Personal Injury. Verdict: Defense Total.
Hincher v. Payless Cashways. In February 2000 for four days at U.S. District Court, Minnesota, Third Division. Regarding a Wrongful Death. Verdict: Admitted liability. Net verdict of $750,000, after pretrial offer of $2 million.
Manirath, Toui v. La Douangthammavongsa and Bjorklund Trucking, Inc. In May 1999 for four days at Hennepin County District Court. Regarding Personal Injury/Auto. Verdict: Defense Total.
Warren v. Crown Sterling. In February 1999 for three days at Hennepin County District Court. Regarding a Personal Injury. Verdict: $125,000.
Deery, Alexandra Jane v. Ridgedale Shopping Center, et al. In October 1998 for three days at Hennepin County District Court. Regarding a Personal Injury. Verdict: $20,000.
Block v. Coldwell Banker, et al. In February 1997 for four days at Stearns County. Regarding a real estate dispute. Verdict: Defense Total.
Morrison v. Home Insurance, et al. In March 1996 for three days at Anoka County. Regarding Insurance Coverage. Verdict: $98,500.
Topic v. Minnegasco. In December 1988 for three days at Scott County. Regarding a Property Damage/Fire. Verdict: Defense Total.