Shelly and John Marcon recall feeling a profound sense of relief after a Hennepin County jury returned a favorable verdict and they received $9 million for a paralyzing injury their son Luke suffered while riding a popular plastic sled sold by the K-Mart Corporation. "We know now that no matter what Luke needs, we will be able to provide it for him. That's a tremendous burden lifted," said Shelly Marcon following the announcement of the verdict. "We also want other parents to know about the dangers of this type of sled. No parent should have to go through what we have."
Awards and Associations
Certified Civil Trial Law Senior Specialist
Minnesota State Bar Association
Best Lawyers in America
Personal Injury Litigation - Plaintiff
Super Lawyers Minnesota
PI General - Plaintiff
Martindale Hubbell Preeminent Peer Review Rating
Peer rated for highest level of professional excellence
Leading Minnesota Attorney
American Research Corporation
Million Dollar Advocates Forum
American Association for Justice Leader's Forum
Hennepin County Bar Association
Minnesota State Bar Association
American Bar Association
Minnesota Association for Justice
American Association for Justice
Verdicts & Settlements
Product liability sledding accident
Motorcyclist seriously injured in collision with semi truck
Our client was enjoying the open road on his motorcycle when he was hit by a semi-truck. He sustained a serious head injury. While the defense argued that our client was at fault because he was not wearing a motorcycle helmet, Art Kosieradzki proved successfully that the semi-driver was still responsible for the accident and settled his case for $6 million.
Misdiagnosis Results in Need for Organ Transplant
Misdiagnosis and treatment resulted in the need for an organ transplant.
Faulty Mountain Bike Fit Causes Paralyzing Crash
Our client had never ridden a fully-suspended mountain bike before he purchased a new model from a local bike shop. He shared this fact with the bike shop employee who sized and fit the bike for him. Unfortunately, the sizing was done improperly, and our client was pitched from the bicycle within five minutes of his first ride. We consulted mechanical engineers, professional cyclists, and professional fitters to establish that a grave mistake was made in how the bike was fit. This caused the immediate pitch from the bike, which resulted in a neck fracture and quadriplegia.
Evaluation of Evidence Wins Automobile Accident Death Claim
A man was involved in a fatal collision at a new grocery store in Lakeville, MN. He was operating his car in the Taco Bell drive-thru and after picking up his order, his car accelerated across the parking lot, over medians and crashed into the side of the store. He was killed immediately. Art Kosieradzki was hired by his widow to help collect benefits from their auto insurance company as well as a life insurance policy. Both companies refused to pay, claiming that his death was caused by self-inflicted injuries and not covered. Mr. Kosieradzki hired investigators and engineers to prove that the death was accidental, not intentional. The evidence presented to police officers and the medical examiner later caused them to amend their original reports ruling the death accidental and the insurance companies finally paid on policies as they were bound to.
Drunk Driver Hits and Kills Bicyclist
Our unemployed client, a bicyclist, was struck by a drunk driver who came over the curb and hit him. He suffered serious injuries and died from those injuries. Arthur Kosieradzki represented the man's family and settled his claim for $1.1 million.
Driver under the Influence causes fatal car accident
A 35-year-old woman was killed and her 44-year-old husband was injured when they were rear-ended by a driver under the influence of methamphetamines and Ecstasy. Art Kosieradzki & Finn Shapiro settled their claims for $1.1 million.
Bicyclist in Bike Lane Hit and Dragged by Vehicle
Our client was riding his bicycle in the bike lane in downtown Minneapolis. While crossing an intersection, a driver turned into him from an adjacent lane, pinning and dragging him under the vehicle. Our client suffered a head injury and lost mobility in his arm. 1100000
Worker Struck in Head By Falling Plywood
Our client was hired to assist in a salvage cleanup after a train derailment. One of the boxcars was full of plywood, which our client was instructed to remove. The stacks fell and hit him in the head, resulting in a neck fracture. We successfully maintained the plywood was improperly loaded and stacked, creating a dangerous situation for those removing the plywood.
Client Accidentally Shot at Party
Our client was accidentally shot and killed at a party.
Drunk Driver Hits Our Client at Speed Exceeding 100 MPH
After visiting his cousin in Minneapolis, our client was on his way home. Meanwhile, the defendant jumped in his car after being served excessive alcohol at a bar. He later admitted he had no recollection of leaving the bar. He entered I-35 and reached speeds over 100 mph when he hit our client. Not only was the defendant drunk, he was uninsured. We settled the case for the dram shop policy limits from the bar that had been serving the defendant driver.
Snowmobiler Hits Guy Wire
It was night when our client was suddenly knocked off his snowmobile by a utility pole guy wire he never saw coming. He was on a groomed trail along a state highway that ran between the utility pole and the guy wire. The utility company knew about the trail and admitted that the wire should have been retro-reflective to allow riders to see it at night. Our client sustained a thoracic spine fracture, resulting in partial paralysis.
Auto Accident Caused By Failure To Yield At Intersection
Our client was driving near Glenwood, Minnesota when she was hit by a pick up truck in an intersection. The truck had a yield sign and did not slow or stop for her and hit her van at a high rate of speed.
Client Falls from Moving Side-by-Side Vehicle
Our client was riding with friends in a small motorized side-by-side vehicle. The client fell off the vehicle and sustained a closed head injury. As a result, our client continues to deal with the effects of a head injury and must consider different employment opportunities.
Client Badly Injured in Golf Cart Crash
Significant Injuries in T-Bone Crash
While driving northbound on Highway 21 near Glenwood, Minn., our client's vehicle was struck broadside by a driver who failed to yield struck our client's vehicle broadside. She was airlifted to the Twin Cities with severe injuries to her left arm and lacerations to her head. Advanced trauma services were required to repair the skin torn from the left forearm.
Truck Rear-ends Handicapped Van
At the time of the accident our client was in his wheelchair in the middle section of his handicapped van. His care provider was driving that vehicle and his mother was also a passenger in the vehicle. They were returning from a 2 month vacation in Florida when the accident took place in Tennessee. They were on a freeway on ramp and the driver of the van had to yield for traffic in front of them. Then suddenly, he heard a big truck downshifting and then heard the sound of the engine speeding up and they were rear ended. The impact blew out the back window of the van and caused extensive damage to the driver's side of the van. As a result of the accident, our client suffered neck, back and shoulder injuries.
Wrongful Death caused by car accident
A 20 year old woman was killed when her car was hit by a semi that ran a red light at an intersection. She was rushed to Mayo Clinic in Rochester where they spent 2 days in an attempt to keep her alive. She ultimately died of cerebral traumatic injuries. Medical costs for those two days were over $75,000.
Inattentive driver causes car accident in merging traffic
Several exhibitionists from Minnesota had traveled to Texas to show their rabbits. They were traveling home together when the accident occurred. They had entered a construction zone near Hewitt, Texas and traffic began merging from two lanes into one. A large truck merging caused all the traffic behind it to come to a stop. Our client stopped her vehicle, as did the car behind her but they were rear ended by a third driver who was following too closely. As a result of the collision, our client sustained permanent neck and shoulder injuries.
Truck driver injured by steel tubing while unloading semi-truck.
Our client, a 53-year-old independent truck driver, was delivering steel tubing to a large warehouse. While waiting at the loading dock, he hopped out of his truck and offered to help another trucker with his load. Several piles of steel tubing had already been unloaded and were stacked nearby. Suddenly there was a loud rumble as one of the stacks of steel tubing gave way and came tumbling toward our client.
Semi Truck Driver receives shoulder injury in accident
Our client was driving a semi-truck on a Minnesota highway when he was rear-ended by another semi carrying a 33-ton load. The impact severely wrenched our client's right shoulder which resulted in permanent damage. Our client returned to work but was eventually forced to quit because he could not help load or unload his truck. While he eventually found another truck driving position, he suffered a cut in pay because his injuries restrict what he can do.
Wrongful Death Claim Won For Car Accident in Wisconsin
Our client's father had gone to a cabin in Northern Wisconsin. He was returning from the cabin riding as a passenger in rural Wisconsin. The driver pulled out to cross the highway from a side road and didn't see an oncoming vehicle. The two vehicles collided and our client's father sustained traumatic head injuries and internal injuries. He was transported by helicopter to North Memorial Hospital but died shortly after the accident.
Police officer injured in car accident
Our client, an officer with the Bloomington Police Department had pulled a vehicle over to the side of the road for a traffic violation. His emergency lights were activated and his squad car was pulled in behind the traffic violator's vehicle. He was sitting in his squad car writing the traffic violator a ticket. Suddenly and without warning, his squad car was rear-ended by a vehicle that was traveling approximately 40 mph. The force of the impact caused the patrol car to collide into the rear of the stopped vehicle. Our client was thrown forward and then backward, he struck his head on the barrier inside his patrol car. According the police report, the at-fault driver was driving inattentively and did not slow or stop for the police vehicle.
Jet Skis Collide on Lake Causing Driver To Lose Kidney
Our client and a friend were spending the day together riding Jet Ski's on French Lake in Shieldsville, Minnesota. When our client was about 200 yards from the shore, he began to slow his jet ski down to come to a complete stop. His friend, driving behind him, turned his Jet Ski to the left but crashed into our client's Jet Ski. Our client was found face down in the water and his friend, who was not injured, got off of his Jet Ski and brought our client to shore. Immediately following the accident, our client was flown to North Memorial Hospital. He sustained a renal artery tear in the left kidney, which resulted in him losing one kidney. He also received a left iliac crest (pelvic) fracture with mild displacement, multiple left rib fractures, and significant bruising to his left side.
Driver Blows Stop Sign, Hits Motorcyclist
Our client was driving his motorcycle with the right of way when the defendant pulled out from a stop sign in front of him, causing the accident. His right leg was fractured in the crash, requiring surgery and skin grafting.
Child Falls From Slide And Receives Permanent Brain Damage
Art Kosieradzki represented the parents of a 8 month old boy who fell from a Little Tykes slide at his home daycare to a carpeted floor below. His daycare provider noticed that he was behaving "unusually" so she called 911. Paramedics found the boy unresponsive with no signs of external injuries. His brain injuries were discovered at the hospital and he has permanent brain damage as a result of this fall. Our client has a permanent significant learning disability and will require future medical treatment.
Clear Liability and Severe Injuries Put Accident Claim on Fast Track
Our client was on his way to work at 4:54 am. He was struck head on by a vehicle that lost control, slid across the center line and struck our client's vehicle.
Bitten by Neighbor Dog
Our client was invited over to gather tomatoes in their neighbor's yard. As she was picking tomatoes, their dalmatian came over wagging his tail. Our client reached down to pet him, and he bit her for no reason in the lower lip. She was taken to the hospital for a plastic surgery consultation and immediate repair. Although the surgery was successful, a light scar remained near her lower lip. There was approximately $30,000 in medicals, the majority of which were paid by her health insurer.
Car Accident Injuries Caused by Excessive Drinking
Our client and his friend were drinking all day. Late in the evening, our client fell asleep in the car and his friend was involved in a single vehicle accident. He was traveling at highway speed, lost control of the vehicle and veered off onto the shoulder, causing the vehicle to overturn on the shoulder. Our client was thrown out of the vehicle and both he and the driver were taken to the hospital by ambulance. Blood test results showed that the driver was under the influence of alcohol at the time of the accident. Our client received two fractures in his right leg that required surgery and hospitalization for over a week. He continued to suffer pain in his right hip and weakness in that leg.
Car Crash into Sign
Our client was a passenger in a vehicle driven by a friend. The driver overcompensated while making a left turn on a gravel road and lost control, and smashed into a concrete sign. Our client sustained a displaced cervical fracture requiring surgical intervention. After months of recovery, our client was able to get back to full function. The case settled for the $100,000 liability limits and the $50,000 underinsured limits.
Women Receives Policy Limits After Car Hit from Behind
Our client was driving her car in Apple Valley when she stopped at an intersection. While waiting for the traffic to clear, another vehicle slammed into the back of her car. She immediately began to feel back and shoulder pain. A short time later, she began to feel foot and leg pain, which she reported to her doctors. An MRI subsequently revealed a lumbar herniation with lumbar spine degenerative changes. As the pain worsened, her treating doctors decided to perform a minimally invasive laminotomy and foraminotomy. The client could not work for several months while recovering from the surgery. The case settled for the $100,000 limits in insurance coverage.
Friend Goes Off-Road, Flips Truck
This case involved a young man riding in a friend's truck. The friend decided to take the truck off-road and flipped it. As a result of the incident, which occurred in Farmington, Minn., our client suffered a right small finger PIP joint intra-articular fracture/dislocation and a right finger displaced proximal phalanx fracture. The fracture required an open reduction internal fixation. In other words, he broke two fingers on his hand that required surgery,