Richard J. Gilloon

Successful defense of architect/engineer in suit for close to a $1MM in lost profits.   Defendant, architect/engineering firm, provided services to Plaintiff developer to build an assisted living facility. Facility was built and opened but behind schedule.

Plaintiff sued Defendant claiming $924,500 in lost profits due to a three-month delay due to alleged failures in design and construction. The contract contained a clause by which both parties agreed to waive consequential damages (i.e.: lost profits.) Plaintiff claimed the clause was unenforceable in Nebraska.

Defense successfully moved for partial summary judgment in removing the claim for lost profits of $924,500 with the trial court finding that the contract clause WAS enforceable. Plaintiff dropped the case shortly after motion was granted with no payment from Defendant. ◆ RESULT: Case dismissed.  District Court of Lancaster County, Nebraska, November, 2020.

Obtained $1.59 million jury verdict for client in U.S. District Court for the Western District of Missouri based upon breach of beef supply contract; affirmed on appeal by Eighth Circuit Court of Appeals. ES Law partners Rich Gilloon and Nick Sullivan tried case. 864 F.3d 844 (8th Cir. 2017), petition for cert. denied, 138 S. Ct. 203 (2017).

Obtained jury verdict for injured railroad worker struck by pickup truck in BNSF employee parking lot. Case tried to a jury which returned a verdict for Plaintiff after three day of trial for $54,400, reduced 20% for contributory negligence to $43,520. BNSF had offered nothing before trial. February 8, 11-12, 2019. District Court of Lancaster County, Nebraska, Case No. CI 15-2194.

Obtained directed verdict in favor of day care center, defending wrongful death suit brought by parents of child killed by nanny. Nanny was convicted and sentenced to seventy years to life in prison. Plaintiff parents demanded $4,750,000. On the 6th day of trial, after Plaintiffs rested, the trial court granted Defendants’ motion for directed verdict based on no proof of proximate cause. Plaintiffs appealed to the Nebraska Supreme Court, which affirmed the directed verdict on a different basis, lack of duty owed by the defendant childcare center to either the baby or the parents. 299 Neb. 136 (Neb. 2018)

Successful defense of contractor on counterclaim for defective work. Client sub-contractor sued general contractor for unpaid invoices of $130,604.54 after installing fire protection system in contractor’s apartment complex project. Contractor counterclaimed for defective work, repairs and delay damages totaling $699,200. We defended sub-contractor on counterclaim (separate co-counsel represented sub-contractor on its suit for the invoices.) Sub-contractor prevailed on suit for invoices, contractor prevailed on a portion of its damages claim, resulting in net payment to contractor of $1,567 rather than $699,200 it sought. January 11 – 15, 2016 -Trial to the Court. District Court, Douglas County, Nebraska, Case No. 13-4984. Contractor appealed case to Nebraska Court of Appeals, where the judgment was affirmed. A-16-752, Court of Appeals of Nebraska, October 3, 2017. (opinion not designated for permanent publication)

Obtained directed verdict on third day of jury trial in favor of CPA client on multi-million claim for alleged accounting malpractice, fraud, tortious interference with a business relationship, civil conspiracy, and theft of trade secrets. Plaintiff demanded $6 million, then lowered it to $1 million before trial. Defendants offered $10,000 collectively. Case was tried to a jury, and trial judge granted our motion for directed verdict on the third day of trial. Case dismissed, no appeal was taken. Partners Rich Gilloon and Heather Veik tried case. October 11 – 13, 2016 – Jury trial. District Court of Merrick County, Nebraska, Case No. CI 12-101.