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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 - 2022
Licensed in Missouri Since: 1993
Practice Areas: Personal Injury - Products: Plaintiff, Personal Injury - General: Plaintiff
  • Virtual Appointments
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, Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Trucking Accidents

Selections

15 Years Super Lawyers
  • Super Lawyers: 2008 - 2022

About Brian S. Franciskato

First Admitted: 1993, Missouri

Professional Webpage: http://nashfranciskato.com/attorney-profiles/brian-s-francis...

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)
  • Missouri Association of Trial Attorneys, Board of Governors 2004-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
  • Kansas Bar Association (1994- present)
  • Kansas Trial Lawyers Association, Member.

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

Scholarly Lectures/Writings

  • 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
  • Mr. Franciskato served as a faculty member providing an update on the law regarding hearsay objections and their exceptions for seasoned trial attorneys.  , Served as Faculty Lecturer, "Hearsay Objections and Exceptions", National Business Institute , Trial Attorneys, 2014
  • Mr. Franciskato authors a legal treatise published by the Missouri Bar regarding use and admissibility  of scientific evidence in Missouri cases.   , Author , Missouri Bar Evidence Deskbook: "Chapter 20: Scientific Evidence", Missouri Bar Publications, Missouri Attorneys, 2010
  • Mr. Franciskato serves as an annual lecturer regarding updates on new statutes in Missouri and Kansas that effect liability in personal injury cases. , Author and Lecturer , Plaintiff's Personal Injury: Statutes That Effect Liability, NBI,Inc., Personal Injury Attorneys, 2010
  • Mr. Franciskato lead a discussion group with member of the legal, medical and scientific community regarding presenting expert witness testimony at trial, from the plaintiff's perspective., Lecturer, Working with Expert Witnesses: The Plaintiff's Attorney's Perspective", Humantec Engineering Group, Medical And Scientific Expert Witnesses, 2009
  • Mr. Franciskato discussed various litigation strategies to Abe utilized in cases against manufacturers of defective knee and hip implants, including effective methods of suing local sales representatives and distributorships in State Court venues., Faculty Member, Litigation Strategies in Personal Injury Cases Against Manufacturers of Defective Knee and Hip Implants, American Association of Justice, Attorney Member Of The American Association Of Justice, 2009
  • Served as Continuing Education Staff Lecturer discussing tax consequences of settlements, division of settlement proceeds among spouses, approval of minor settlements and attorneys liens., Author and Lecturer , Dealing with Tax Consequences, Divorces, and Attorneys Liens in Settlements of Personal Injury Cases, NBI, Personal Injury Plaintiffs' Attorneys, 2008
  • Mr. Franciskato presented on how attorneys can maximize their injured client's recovery from settlements by negotiations and dealings with lien holders and insurance companies claiming a subrogation interest., Author and Lecturer , Obtaining the Best Settlement for Personal Injury Clients: Work Effectively with Subrogations, Reimbursements, Liens, and Privileges”, NBI, Inc., Personal Injury Attorneys, 2008
  • Served as Continuing Legal Education Staff Lecturer regarding issues related to automobile accident personal injury litigation., Author and Lecturer , Nuts and Bolts of Automobile Accident Cases, Kansas City Metropolitan Bar Association, Personal Injury Attorneys, 2006
  • Mr. Franciskato served as an author and lecturer regarding the updated Federal Court Rules and Procedures in Kansas. , Author and Lecturer, A Practical Guide to Federal Court Rules and Procedures in Kansas, NBI, Inc., Kansas Attorneys, 2003

Honors/Awards

  • Brian Franciskato, received the Distinguished Service Award during the American Association of Justice’s (AAJ) Annual Convention in Las Vegas. The Distinguished Service Award recognizes members of the AAJ’s Board of Governors who, during the past year, have been of special assistance to the President of the Association. FRANCISKATO CONTINUES TO SERVE AAJ A member of the AAJ for the majority of his career, Brian continued to work for the organization, serving on: The Committee on the Judiciary. This committee is charged with helping identify potential federal judicial candidates who are qualified, compassionate, and who believe in the right to a jury trial. The Membership Oversight Committee. This committee is charged with recruiting new, young, and diverse members to the organization. Trial Lawyers Care Committee (TLC). TLC is an initiative to encourage, recognize, and organize trial lawyers who contribute to their communities through volunteer and charitable activities that serve the public good. Public Affairs Committee. This committee is charged with identifying laws, rules, regulations, and court opinions that impact the right to a jury trial and organizes members’ efforts to promote good laws and oppose laws that restrict individuals’ civil rights and access to the courtroom. Products Liability Section Executive Committee. The Products Liability Section concentrates on all consumer products, including automobiles, toys, electronics, and medical devices. The Section addresses legislation and cases affecting product liability laws, safety rules, and regulations. It publishes a bi-monthly journal, The Products Liability Law Reporter, for its members, American Association of Justice- Distinguished Service Award, American Association of Justice, 2021
  • Member Super Lawyers (2008 through 2021), Member Super Lawyers, Super Lawyers
  • National Trial Lawyers Association - Top 100 Lawyers in Missouri (2013 to present), Member- Top 100 National Trial Attorneys, National Trial Attorneys Association
  • Lifetime Member Multi-Million Dollar Advocates, Member- Multi-Million Dollar Advocate, Multi-Million Dollar Advocates
  • 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.  , Member- Best of the Bar Top 50 Trial Attorneys, K.C. Business Journal, 2013
  • 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
  • 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 of the National Environmental Law and Policy Review, University of Missouri-Columbia School of Law
  • American Jurisprudence Award for Pre-Trial Litigation and Procedure, University of Missouri-Columbia School of Law
  • National Environmental Law Moot Court Team, University of Missouri-Columbia School of Law
  • Member of the Board of Advocates, University of Missouri-Columbia School of Law

Verdicts/Settlements

  • Over $100 Million combined settlements against manufacturers of defective knee and hip replacements., 2022
  • $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
  • $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
  • $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
  • $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
  • $ 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

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.
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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

Last Updated: 6/28/2022

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