Brian S. Franciskato

Attorney Profile

Top Rated Products Liability Attorney in Kansas City, MO

Nash & Franciskato Law Firm
 | 2300 Main Street, Suite 170
Kansas City, MO 64108
Phone: 816-221-6600
Fax: 816-221-6612
Selected To Super Lawyers: 2008 - 2020
Licensed Since: 1993
Practice Areas:
  • Personal Injury - Products: Plaintiff (70%),
  • Personal Injury - General: Plaintiff (30%)
    Attorney Profile

    Brian S. Franciskato, a partner at Nash & Franciskato Law Firm, is an accomplished litigator representing plaintiffs in the Kansas City, Missouri, metropolitan area with personal injury and wrongful death claims. Mr. Franciskato also handles mass tort cases involving medical devices and pharmaceuticals on a nationwide level.

    Mr. Franciskato earned his undergraduate degree from William Jewell College and his law degree from the University of Missouri School of Law. He is admitted to practice in the state courts of Missouri, Kansas, and Minnesota, and in United States District Courts for the Western District of Missouri, Eastern District of Missouri, the the District of Kansas, Northern District of Texas, Western District of Michigan, Eastern District of Arkansas, and Western District of Arkansas.   Mr. Franciskato has also represented plaintiffs and corporations in many other states.

    A firm believer in professional education and outreach, Mr. Franciskato is frequently asked to speak for conferences on topics related to civil litigation and evidence. He has also had his writing published in legal publications, including in handbooks that are widely used by other attorneys.

    Mr. Franciskato is active in a number of professional organizations, including the Kansas Bar Association, the Missouri Bar, the Kansas City Metropolitan Bar Association, the American Association for Justice and the Missouri Association of Trial Attorneys. He is also a member of Missouri Trial Lawyers Care, an organization dedicated to improving the quality of life in areas where members of the Missouri Association of Trial Lawyers reside.

    Throughout his career, Mr. Franciskato has received many accolades and awards. He is rated AV Preeminent* by the peer review service Martindale-Hubbell and is a lifetime member of the Multi-Million Dollar Advocates Forum.

    *AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

    Practice Areas
    • 70%Personal Injury - Products: Plaintiff
    • 30%Personal Injury - General: Plaintiff
    Focus Areas

    Medical Devices, Pharmaceutical, Products Liability, Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Trucking Accidents


    Selected to Super Lawyers for 13 yearsbottom-image

    Super Lawyers: 2008 - 2020

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    About Brian Franciskato

    Admitted: 1993, Missouri

    Professional Webpage:


    • Fred L. Howard Award for Excellence in Advocacy, University of Missouri-School of Law
    • Order of the Barristers Award, University of Missouri of Columbia- School of Law
    • Member Super Lawyers (2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,2018)
    • Member of the National Environmental Law and Policy Review, University of Missouri-Columbia School of Law
    • Kansas City Legal Leaders Award for Law Firm Pro Bono Legal Activity in the community., Law Firm Pro Bono Legal Leader Award, The Daily Record and Missouri Lawyers Weekly, 2008
    • American Jurisprudence Award for Pre-Trial Litigation and Procedure, University of Missouri-Columbia School of Law
    • National Trial Lawyers Association - Top 100 Lawyers in Missouri
    • National Environmental Law Moot Court Team, University of Missouri-Columbia School of Law
    • Lifetime Member Multi-Million Dollar Advocates, 2010
    • Best of the Bar - Selected as a Top Attorney in the Kansas City Metropolitan area for excellence in representing clients in serious personal injury, products liability and wrongful death cases.  , K.C. Business Journal, 2013
    • Member of the Board of Advocates, University of Missouri-Columbia School of Law

    Bar/Professional Activity:

    • American Association of Justice (2003- present; Board of Governors and Presidents Member; Product Liability Section, Member;  Medical Device Litigation Section, Member;  Orthopedic Implant Litigation Group, Member;  Electronic Discovery Litigation Group, Member)
    • Kansas Bar Association (1994- present)
    • The Missouri Bar Association, Civil Practice and Tort Law Committees, 1993- present
    • Kansas City Metropolitan Bar Association, 1995-present, Leader of the Bar; Sustaining Member, Torts Law Committee (Chairman), Solo and Small Firm Committee
    • Missouri Association of Trial Attorneys, Board of Governors 2004-present, 2007

    Pro bono/Community Service:

    • Annual Sponsor of Lawyers Encouraging Academic Performance
    • Annual Sponsor of the Lee's Summit Education Foundation
    • Lee's Summit Soccer Association Board Member-  The Lee's Summit Soccer Association (LSSA) is dedicated to providing the youth of Lee's Summit with the opportunity to play soccer. We offer opportunities for every player living in the Lee's Summit Community - youth and adult, recreational and competitive, servicing over 2400 participants a season.  
    • Sponsor and Member of Justice for Missouri Families
    • Member of Missouri Trial Lawyers Who Care (Mo-TLC).
    • Annual Sponsor of the Kansas City Blanket Project for the Homeless
    • Annual Sponsor and Member of the Red Cross Emergency Disaster Relief Response Team providing legal services to victims of natural disasters.

    Scholarly Lectures/Writings:

    • Served as Continuing Legal Education Staff Lecturer regarding issues related to Federal Court Rules and Civil Procedure., 2003
    • “A Practical Guide to Federal Court Rules and Procedures in Kansas”, NBI, Inc., 2003
    • Served as Continuing Legal Education Staff Lecturer regarding issues related to personal injury litigation., 2006
    • "Plaintiff's Personal Injury: Statutes That Effect Liability", NBI, Inc., 2006, 2009, 2010
    • Author, Missouri Bar Evidence Deskbook: "Chapter 20: Scientific Evidence", Mo. Bar Publications, 2006, Supplement (2010)
    • Served as Continuing Legal Education Staff Lecturer regarding various terms of releases, hold harmless agreements and handling payments to health care providers in personal injury cases.  "Work Effectively With Subrogations, Reimbursements, Liens and Privileges", Staff Lecturer, 2008
    • Served as Continuing Education Staff Lecturer discussing tax consequences of settlements, division of settlement proceeds among spouses, approval of minor settlements and attorneys liens., 2008
    • “Obtaining the Best Settlement for Personal Injury Clients: Work Effectively with Subrogations, Reimbursements, Liens, and Privileges”, NBI, Inc., 2008
    • “Consider Key Issues That Arise During the Settlement Process”, NBI, Inc., 2008
    • "Working with Expert Witnesses: The Plaintiff's Attorney's Perspective", Humantec Engineering Group, 2009
    • "Litigation Strategies in Personal Injury Cases Against Manufacturers of Defective Knee and Hip Implants", American Association of Justice, 2009
    • Served as Faculty Lecturer, "Hearsay Objections and Exceptions", 2014
    • Mr. Franciskato gave a presentatoin for members of teh KCMBA Tort Law Group regarding the legal issues surrounding Medicare and Medicaid Lins, ERISA and Health Insurance Subrogation Rights, Hospital Liens, and Workers Compensation Liens., Faculty, Personal Injury Nuts and Bolts: Navigating Liens and Subrogation Issues, Kansas City Metropolitan Bar Association, Kansas City Metropolitan Bar Association, 2016


    • $1.9 Million Wrongful Death Automobile Accident Settlement.  Our 70 year old client was crossing a 4 lane divided highway on his way to church, when he was violently struck by a driver who was driving 79 mph (in a 40 mph speed limit) while weaving in and out of trafffic.   Our client suffered serious life threatening injuries, resulting in his death approximately an hour later.   Our investigation revealed the defendant driver had extremely high levels of marijuana in his blood.  Furthermore, investigation revealed the defendant driver was conducting an errand for his employer at the time of the accident.  We alleged the employer was liable for the driver's conduct.  , 2019
    • $3.125 Million Wrongful Death Judgment arising out of an automobile collision in which defendant driver crossed the center line and collided with plaintiff., 1997
    • $400,000 Settlement.  Client was driving a truck owned by his employer when he was struck from behind while stopped at a red light.  He sustained a herniated disk in his neck which required surgery.  A claim was made against the driver and the client's employer's underinsured motorist coverage., 2010
    • $1.1 Million Settlement for severe personal injuries against trucking company where the truck driver had falsified his log books., 2007
    • $1.3 Million Settlement for Motorcyclist.   Our client was riding his motorcycle on a highway in rural Kansas and a semi-truck pulled out in front of him causing him to lay his bike down and crash into the flat-bed trailer being pulled by the truck driver.   He sustained severe injuries to his pelvis and legs.   , 2017
    • $450,000 Settlement against a restaurant for defective handrails and inadequate lighting when a client fell and broke her hip., 2005
    • $350,000 Settlement against government contractors for claims of interference in business contract and misrepresentation., 2003
    • $270,000 Settlement against Landlord for failure to maintain working smoke detectors in Government Assisted Housing resulting in the death of 2 children., 2009
    • $6.5 Million Jury Verdict. in Jackson County Missouri against the Kansas CIty Missouri Board of Police Commissioners for the wrongful termination of a Kansas City, Missouri police officer.  NOTE:  The verdict was reduced on appeal to an award of $500,000 plus attorneys fees., 2010
    • Over $50 Million combined settlements against manufacturers of defective knee and hip replacements., 2019
    • $ 1 Million Settlement-   Client was travelling on the interstate when he suddenly came upon a semi-tractor trailer that was illegally stopped in the middle of the interstate.  The client slammed on his brakes but was unable to avoid crashing into the rear of the parked semi.  The client sustained severe injuries to his feet and legs., 2011
    • $560,000 Settlement for a client who sustained a head injury in an automobile accident when struck from behind by a semi-tractor trailer., 2006
    • $220,000 Settlement against manufacturer of defective safety cover and valve mechanism of an irrigation system which exploded and caused permanent injuries to the clients eye and arm., 2007
    • $725,000 Settlement against a Restaurant & Bar for negligently serving alcohol to a minor patron who was severely injured in an automobile accident after leaving the premises., 2008
    • $2.4 Million Wrongful Death Settlement for Employee who, while working on a cell tower, fell 600 feet while riding in a bucket that was negligently rigged by his employer in violation of OSHA regulations., 2009
    • $2.5 Million Wrongful Death Arbitration Award against the Missouri Highway and Transportation Commission for inadequate signing in a construction zone., 2006
    • Confidential Settlement for Wrongful Death Suicide-  Client's son committed suicide while serving in the U.S. military in Afghanistan.  Nash and Franciskato filed a lawsuit for wrongful death alleging that the suicide was caused by an adverse reaction to an anti-malaria drug.  The case settled for a confidential amount at mediation.  , 2013
    • $500,000 Wrongful Death Settlement against highway construction contractors for improper road signs and inadequate traffic control., 2005
    • $120,000 Settlement against manufacturer of defective pain pump system used in a bunionectomy surgery., 2008
    • $175,000 Settlement in a premises liability case where an elderly client fractured her hip when she fell down stairs that had an inadequate handrail., 2004
    • $ 2 Million Settlement:  Our client was on a bicycle ride with her 11 and 3 year old daughters. She was pulling the 3 year old in a bicycle trailer. Our client was walking her bicycle across an intersection, within the cross walk, when a truck driver failed to yield and turned right on a red light, striking our client, killing her instantly. The case settled before a lawsuit was filed for $2,000,000., 2008

    Other Outstanding Achievements:

    • Listed by Missouri Lawyers Weekly for obtaining the 12th highest verdict in 1997 for a wrongful death claim resulting in a $3.125 million judgment

    Educational Background:

    • William Jewell College, B.A. in History, Political Science and Philosophy., Honors: Summa Cum Laude; Deans List, Mortar Board; Eons (Senior Honorary),  Oxford Overseas Honor Study, Oxford, England (1989), Phi Beta Kappa., 1990
    • University of Missouri School of Law, J.D.;  Order of the Barristers;  Board of Advocates (Member and Judging Chairperson);  Missouri Environmental Law and Policy Review (Member, Editorial Board);  Dean's List;  and American Jurisprudence Award (Litiagation)   , 1993
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    Office Location for Brian S. Franciskato

    2300 Main Street
    Suite 170
    Kansas City, MO 64108

    Phone: 816-221-6600

    Fax: 816-221-6612

    Brian S. Franciskato:

    Last Updated: 1/28/2021

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