$2M settlement reached in Diemel brothers’ wrongful death lawsuit
KSHB/41 Action News Kansas City
May 18, 2020
KANSAS CITY, Mo. — A $2 million settlement has been reached in the wrongful death lawsuit filed last year in Caldwell County Circuit Court by the family of Wisconsin brothers who were murdered on a Braymer, Missouri, farm.
The money will be paid from a Grinnell Mutual Reinsurance Company policy, according to a copy of the settlement.
The court approved the settlement — including $809,406.24 in attorney’s fees and expenses with the remaining $1,190,593.76 to be split among the Diemel brothers’ family members, including Nick’s four children — last Friday.
The Diemel brothers’ family filed a wrongful death lawsuit Nov. 26, 2019, against Nelson and his mother, Tommie Sue Feil, as well as the family’s business, J4S Farm Enterprises.
The brothers’ mom, Pamela, and Nick’s wife, Lisa, are the plaintiff’s in the lawsuit along with the Diemel brothers’ cattle company, Diemel’s Livestock LLC.
A motion for settlement in the case was filed May 8 and a Caldwell County judge approved the settlement May 15.
An attorney for the Diemel family released the following statement Monday to 41 Action News:
The murder of Nicholas and Justin Diemel was a tragedy that never should have occurred and could have been prevented entirely by J4S Farm Enterprises, Inc.
Garland Nelson had history of fraud and violence. In 2015, an order of protection was entered against Nelson in response to allegations of stalking and harassment. In October 2016, Nelson was convicted of a felony for cattle fraud in selling livestock mortgaged or pledged to farm credit agencies. When Nelson was paroled from prison in March 2018, the terms required that he not incur new credit charges or open additional lines of credit and that he not possess a firearm or ammunition.
Shortly after Nelson’s release from prison, his mother formed J4S Farm Enterprises, Inc., which Garland Nelson used to resume dealing in cattle.
Nelson defrauded Diemel’s Livestock, LLC out of $250,000 worth of cattle. After Nelson provided a water damaged check that could not be cashed, Nelson suggested the Diemels come to Missouri to receive payment in person. At some point during the meeting, Nelson obtained a firearm and murdered Nicholas and Justin Diemel.
We are pleased to be able to obtain this result for the Diemel family. We focused heavily on the negligence of J4S. The company knew of Nelson’s history of cattle fraud and violence and never should have allowed Nelson to participate in the business. Nelson was a threat to the community and J4S was irresponsible in permitting Nelson to do business with Diemel Livestock that ended in the murder two outstanding men...
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Diemel families get $4 million settlement against murder suspect Garland Nelson
May 18, 2020
KINGSTON, Mo. (AP) — The family of two Wisconsin brothers who were killed in Missouri last year has reached a $4 million settlement in a wrongful death lawsuit filed against the man charged with killing them and his mother.
The family of Nicholas and Justin Diemel of Shawano County, Wisconsin, filed the lawsuit in December against Garland Nelson of Braymer, his mother, Tomme Feil, and the family’s cattle business, J4S Enterprises.
A Callaway County judge approved the settlement Monday, WDAF-TV reported.
Nelson is charged with two counts of first-degree murder and several other counts in the killing of the brothers, whose burned remains were found in Missouri and Nebraska. If convicted, he could face the death penalty.
At the time of the brothers’ deaths, Nelson was on parole after serving 17 months in federal prison for an October 2016 conviction for cattle and insurance fraud.
The lawsuit alleges that Feil and the company “should have known that allowing Nelson to return to the cattle business created an unreasonable risk of harm to others.”
The brothers’ father reported them missing July 21 after they didn’t return from a visit to Nelson’s northwestern Missouri home, where they had gone to collect a $250,000 debt, according to court records. The lawsuit alleges that Nelson meant to kill the brothers if they came to Missouri to collect payment for their cattle.
Authorities allege in a probable cause statement that...
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