PRACTICE AREAS

Business Litigation

Insurance Coverage/Bad Faith Litigation

Product Liability

Robert A. Henderson began his trial practice in 1978, representing both industry and individuals in cutting edge trials. He has represented major Fortune 500 companies in bet the company litigation, commercial litigation, complex multi-district and class action litigation, toxic tort and punitive damages lawsuits across the country. From his base in the Midwest, Mr. Henderson has tried cases in such diverse venues as Los Angeles, California, Greenville, South Carolina, Baltimore, Maryland, Portland, Oregon, Eau Claire, Wisconsin, and points in between.

Mr. Henderson has counseled clients on the mitigation of risk before, during and after litigation. His advisory roles to companies in the areas of the protection of intellectual property, regulatory affairs, and risk management, combined with extensive jury trial experience has set him apart from his peers. His service to the Bar and reputation in legal circles is well-recognized. Judgment, absolute discretion and the ability to navigate clients through the complex trial process has been the hallmark of Mr. Henderson’s commitment to every client.

In a time when clients are under severe pressure to efficiently manage litigation and respond to the threat of adversary proceedings without surprise, Mr. Henderson supports individual goals by creating value through tangible results.

DISTINCTIONS

Listed in The Best Lawyers In America for Commercial Litigation, Product Liability Litigation and Personal Injury Litigation

Mr. Henderson was honored in the The Kansas City Business Journal as "Best of the Bar" in Litigation

Honored by Benchmark as one of America's Leading Litigation Attorneys

Recognized by KC Magazine as one of Kansas City's Top 50 Super Lawyers

Mr. Henderson was honored in the Kansas City Business Journal's "Best of the Bar" for 2008

Mr. Henderson was honored in Missouri & Kansas Super Lawyers for Civil Litigation Defense

COMMUNITY AND BAR INVOLVEMENT

Fellow, American College of Trial Lawyers

American Board of Trial Advocates, National Board Member

Missouri Supreme Court Committee on Jury Instructions

Federation of Defense and Corporate Counsel

Defense Research Institute

Missouri Organization of Defense Lawyers

National Registry of Who’s Who, Life Member

NOTABLE EXPERIENCE

Notable Jury Trials

Larry Budenz v. Sprint, United States District Court for the District of Kansas, 01-2355-GTV.

Represented Defendant Sprint in a sexual harassment and retaliation lawsuit. Obtained a defense verdict after seven days of trial.

Woltje v. ITT, Circuit Court of Jackson County, Missouri, 99-CV-208524.

LP gas explosion, wrongful death case. Products Liability defense of ITT, manufacturer of LP gas control valve. Two million dollar settlement demand prior to trial. Product liability case dismissed against client at conclusion of two week trial with jury verdict against co-defendants.

Altrutech, Inc. v. Hooper Holmes, U.S.D.C., District of Kansas 96 C 1902.

Plaintiff claimed breach of contract and improper termination of business relationship resulting in damages in excess of $3,000,000 and a claim for punitive damages. The case was resolved after the second day of trial under confidential terms favorable to client.

Cantrell v. Carrier Corporation, Circuit Court of Clay County, Missouri CV196-2401CC.

Defense of personal injury products liability case in which plaintiffs claimed severe lung injuries caused by exposure to toluene diisocyanate. One million dollar settlement demand prior to trial. The jury returned a defense verdict in favor of client.

Cascio v. Bledsoe, Circuit Court of Clay County, Missouri CV198-2186CC.

Successful prosecution of declaratory judgment/breach of contract/construction defect case. After a one and one-half week trial, jury returned a verdict of $285,000 in favor of defendant Bledsoe on quantum meruit claim and for plaintiff on fraud claim.

Riffel v. Burlington Northern Santa Fe, et al., Circuit Court of Jackson County, Missouri, Case No. 01CV219519.

Defense of personal injury products liability claim against client. Jury returned verdict in favor of client and against co-defendant.

Moore v. Boise Cascade, District of Wyandotte County, Kansas, 05-CV-1543.

Successful defense of multiple injury claims resulting from tractor-trailer accident.

Coffman v. MHTC, Circuit Court of Jackson County, Missouri, 99-CV-216886.

Multiple vehicle accident in which plaintiff’s vehicle collided with a guard rail severing his leg. $450,000 settlement with co-defendant, defense verdict for MHTC.

Fenn v. Kansas Enterprises, Circuit Court of Jackson County, Missouri at Independence, Case No. 16CV95-11772.

Products liability case in which it was claimed decedent suffered brain damage as a result of exposure to carbon monoxide from machine rented from client AAA. Two week jury trial in which jury returned a favorable verdict below plaintiff’s settlement demand, which was also offset by a credit from a prior settlement with machine manufacturer.

Bryant v. All Temperature, Wyandotte Co. Court 93-C-1806.

Wrongful death claim from construction accident. Jury verdict for less than offer. Client later indemnified for all expenses after decision by Court of Appeals.

Wyle v. Fastener Engineers Group, Inc., U.S.D.C., Central Division, Los Angeles, California, CV91-7074.

Plaintiff filed a declaratory judgment/breach of contract action to determine which party retained contractual liability for multiple claims and lawsuits under the terms of an asset purchase agreement. The court found the language of the asset purchase agreement to be ambiguous, and the jury found in favor of client Fastener Engineers Group, Inc.

Holmes v. First National Bank, District Court, Washington, Kansas, 82-C-04.

Lender liability case in which plaintiffs claimed client bank improperly ended lending relationship causing failure of their business. After a three week jury trial, the court directed a verdict against plaintiffs in excess of $80,000 on client First National Bank’s counter-claim. Jurors returned a verdict in favor of plaintiffs for $50,000. Affirmed by the Kansas Court of Appeals and affirmed by the Kansas Supreme Court.

Bell Creek v. Dunn Construction v. APAC, Circuit Court of Buchanan County, CV391-1244CC.

Represented APAC in third party action in which the underlying plaintiff sustained significant damages to an eighteen wheel truck and loss of contents in an accident which occurred at a highway construction site. The jury returned a verdict in favor of defendant and client APAC.

Williams v. Enochs, et al., Circuit Court of Platte County, Missouri, CV184-525-CC.

Represented plaintiff real estate broker for defendants’ failure to pay commercial real estate commission on oral listing. Jury returned verdict in excess of $250,000. Affirmed by Court of Appeals and remanded by Missouri Supreme Court with new jury instructions for submission of quantum meruit in real estate litigation. Case favorably resolved for client.

Garza v. CATS, Circuit Court of Jackson County, Missouri, CV95-17334.

Developmentally disabled plaintiff sued transportation company for accident in which plaintiff, a passenger in a bus, was injured in automobile accident. Jury returned a verdict in favor of client CATS and found liability against co-defendant.

Robinson v. Integrated Health Services, Circuit Court of Platte County, Missouri 0689CC01945.

Wrongful death case in which decedent, resident of a nursing home, died as a result of claimed misdiagnosis. The jury returned a favorable verdict which was less than the lowest settlement offer.

Gilbert v. New York Carpet World and Armstrong, Greenville, South Carolina, 89-3119.

Personal injury and property damage case in which plaintiff claimed asbestos related injury when co-defendant sanded the asbestos backing of plaintiff's floor. The jury returned a verdict in favor of client Armstrong, the manufacturer of the flooring, and returned a verdict for actual and punitive damages against co-defendant New York Carpet World.

Roode v. Brownrigg, U.S.D.C., District of Kansas, 87-2074-S.

Represented plaintiff who had been shot by defendant. The jury returned a verdict in excess of $750,000 in favor of plaintiff.

Purcell v. Armstrong, State Court, Portland, Oregon, 9311-07674.

Asbestos personal injury case in which Bob Henderson represented defendant Armstrong on plaintiff's punitive damages claims. Armstrong found not responsible for punitive damages.

United Fire & Casualty v. Roode, U.S.D.C., District of Kansas.

United Fire & Casualty filed a declaratory judgment action to establish the existence or non-existence of insurance coverage. The jury returned a verdict in favor of United Fire & Casualty’s policy interpretation.

Summers v. Waffle House, Circuit Court of Clay County, Missouri, CV188-2553CC.

Personal injury case in which plaintiff sustained elbow injury requiring surgery. Jury returned a verdict in favor of plaintiff for less than the settlement demand against client.

Wardlow v. Foxwood Springs, Circuit Court of Cass County, Missouri, CV-191-077-CC.

Plaintiff was injured at nursing home requiring hip replacement surgery. Jury returned a verdict in favor of plaintiff for less than the settlement demand against client.

Wyman v. J. C. Nichols, Circuit Court of Jackson County, Missouri , 16CV91-05131.

Plaintiff injured at apartment complex causing amputation. Defense verdict for client.

Thro v. Glascow, St. Charles County, Missouri, 11V018801639.

Plaintiff sustained brain damage from a collision with a tractor/trailer. After one week trial, jury returned a defense verdict in favor of client trucking company and its driver.

Mentor Reinsurance, Ltd. v. Financial Guardian, et al., U.S.D.C., W.D. Mo., 87-CV-00781.

Plaintiff Liquidator sued defendants for negligence, misrepresentation and breach of fiduciary obligation. After two week trial, jury returned verdict in favor of defendants. Case was settled on appeal.

C. John Holdsworth v. John Hall, et al., Circuit Court of Clay County, Missouri, CV380-702-ACX.

Defense of attorney in legal malpractice claim for failed business transaction. Judgment granted in favor of client at the conclusion of plaintiff's evidence.

Consolidated Asbestos Litigation for Southern Illinois, State Court, Madison County, Illinois.

In excess of 7,500 personal injury cases filed in Madison County, Illinois. Resolution of selected cases consolidated for trial on behalf of Armstrong prior to jury verdict.

Consolidated Asbestos Litigation for the City of Baltimore, Circuit for Baltimore City, Maryland.

Selected personal injury asbestos cases were tried to a single jury. Settlement on behalf of Armstrong prior to jury verdict.

Plainview Farms v. Allied Mills, et al., Circuit Court of Jackson County, Missouri, CV77-3919.

Three month jury trial in which plaintiff alleged negligence and fraud in business transaction. Jury verdict in favor of plaintiff against multiple defendants for $1,000,000. $50,000 awarded to client for personal guarantee of payment under contract counterclaim.

Branyes v. Westport Floor Covering and Armstrong World Industries.

Commercial property damage case for allegedly defective carpeting manufactured by client. Dismissal on first day of trial.

Weeks v. St. Joseph Hospital, Circuit Court of Jackson County, Missouri, CV-019486.

Bailment case which was favorably resolved prior to jury verdict.

Kressig v. Schieni and Chariton County Ambulance District, Circuit Court of Livingston County, Missouri, CV784-63CC.

Wrongful death case in which plaintiffs alleged ambulance district improperly performed CPR and discontinued CPR causing decedent's death. Verdict directed by court at the conclusion of the evidence in favor of client.

Mary Lograsso v. Sisters of St. Mary, et al., Circuit Court of Jackson County, Missouri, CV79-4569.

Plaintiff claimed malfunction of elevator caused injury to herself and others. Favorable jury verdict for client for less that settlement offer.

Borne v. Kerr and Armstrong World Industries, Tulare County, California, 131580.

Asbestos exposure lawsuit for actual and punitive damages successfully resolved during trial.

Mashburn v. Ford, United States District Court for the Western District of Missouri Southern Division, 78-3307-CV-S-4.

Products liability defense, favorably resolved at trial under confidential terms.

Additional Trials:

Levine v. Alpine Tours

McGinnis v. Burlington

Phillips v. Hamilton Beach

Fantasma v. Negril Foods

Stewart v. Little

Saper v. Admiral Paseo Motor Inn

Burns v. McDowell

Murphy v. Prudential

Corsentino v. Young

Coffman v. Jayner

Culver v. Sterm

Nowell v. Linnebur

PUBLICATIONS AND PRESENTATIONS

The Effective Use of Damages Experts in Commercial Litigation

American College of Trial Lawyers Advanced Trial Program

Discovery of Standards or Statutory Requirements

Defense Research Institute Pre-Trial Notebook

Fraud Litigation

The National Business Institute

Complex Product Liability Litigation

Federation of Insurance and Corporate Counsel

Cross Examination of a Child Witness

Defense Research Institute

Rule 26(c) Protective Orders: A Brief Summary of the What, Why and How and a Discussion of Issues Raised by the Bridgestone/Firestone Tire Controversy

Declarations

Effective Trial Advocacy

The National Business Institute

Numerous Lectures on Trial Advocacy For American College of Trial Lawyers, Federation of Defense and Corporate Counsel, Defense Research Institute and Missouri Bar.

EDUCATION

J.D., University of Nebraska, 1978, Order of Barristers, Moot Court Board President

B.A., magna cum laude, Michigan State University, 1975, Honors College

BAR ADMISSIONS

Missouri, 1978