Notable Cases

Verdicts & Settlements

2014 Verdicts and Settlements

B.T. vs. S.R. – Truck with fifth wheel and small car collision in southwestern (rural) Johnson County, Kansas. Defendant driver texting and concentrating on her phone and pulled away from her stop sign into the path of the oncoming truck. Injuries to shoulder rotator cuff. $50,000.00 policy limits paid by defendants insurance carrier last year and an additional $150,000.00 in underinsured benefits paid this year for a total settlement of $200,000.00

M.M vs. E.G. – Kansas car/pedestrian accident in parking lot in Overland Park, Kansas. Minimally insured defendant driver drops off his passengers in drug store parking lot and parks his vehicle. He then decides to move his vehicle and back across the parking lot striking elderly woman walking from the store to her parked vehicle causing a compound fracture to her right arm. Defendant drivers insurance pays their minimum policy limits of $25,000 and pedestrian’s underinsured coverage pays the balance of her $100,000 policy ($75,000.00 in new money and waives it’s PIP medical lien of $7,500.00) for a total settlement value of $107,500.00.

J.W. vs. S.R. – Truck with fifth wheel and small car collision in southwestern (rural) Johnson County, Kansas. Defendant driver texting and concentrating on her phone and pulled away from her stop sign into the path of the oncoming truck. Injuries to neck. $50,000.00 per person policy limits paid by defendant’s insurance carrier last year and an additional $50,000.00 paid this year from underinsured motorist coverage for a total settlement of $100,000.00.

A.E. vs. R.A. – Missouri car/bicycle accident in Grandview, Missouri. Minimally insured defendant driver hit plaintiff on bicycle when turning into parking lot. Defendant had separate insurance from the vehicle owner. Defendant’s insurance pays their policy limits of $25,000.00 and the vehicle owner’s insurance pays their policy limits of $25,000.00, for a total settlement of $50,000.00

B.M. vs. S.C. – Jackson County, MO Circuit Court at Kansas City, Missouri. Rear end car accident at the entry ramp to west bound I-70 near 11th street. Soft tissue neck. Settled at Mediation in for $35,000.00.

J.M. vs. The Automobile Insurance Company of Hartford, Connecticut – Johnson County, KS District Court. Hail damage claim from a storm on June 9, 2009 not discovered until July 2012. Hartford refused to replace this damaged roof for $10,780.00 which the homeowner was forced to replace out of pocket as Hartford then cancelled their insurance policy. Settled at Mediation for a total of $22,500.00. Hartford paid the homeowner $10,780.00 for their roof replacement costs and paid an additional $11,720.00 attorney fees and expenses which are awardable to the homeowner’s attorney under K.S.A. 40-908. Homeowner’ expert witness Michael R. Lawless, Jr.

2014 Workers Compensation Cases

W.M. v. T-Mobile -Kansas Workers Compensation New law case – work disability from a slip and fall at work. Low back injury. Settled for $90,000.00 plus lifetime future medical open.

T.R. vs. Olathe Good Samaritan – Kansas Workers Compensation work disability from a low back injury while lifting at work. Settled for $75,000.00 plus lifetime future medical open.

M.M. v. BHS – Kansas Workers’ Compensation. Work disability from low back injury while moving stacked boxes. Settled for $100,000.00 plus lifetime future medical open.

2013 Verdicts and Settlements: Civil Cases

J.M. vs. Chibuike Kalu – Jackson County Circuit Court at Kansas City, Missouri. Suit for improper contact while a minor and in custody in a health care facility. Settled after Mediation for $285,000.00

M.K. vs. Farmers Insurance Co., Inc. – Johnson County, Kansas District Court. Suit by homeowner against Farmers Insurance Co for failure to replace the homeowner’s roof damaged by hail $24,191.00 needed to replace the roof. Prior to trial the insurance company paid a total of $40,000.00, which included $25,585.00 plus $214.00 in case expense to the homeowners plus their attorney’s fees of $14,586.00. Homeowner’s expert witness Michael R. Lawless, Jr.

K.K. vs. Allstate Ins. Co. – Johnson County, Kansas District Court. Suit by homeowner against Allstate Insurance Co. for failure to replace the homeowner’s roof damaged by hail. Allstate made partial payment and $12,000.00 needed to pay for the roof replacement. Prior to trial the insurance company paid a total of $27,500.00 with the homeowners receiving $16,500.00 and their attorney’s fees of $11,000.00. Homeowner’s expert witness Michael R. Lawless, Jr.

J.M. vs. L.R. – Jackson County, Missouri Circuit Court at Kansas City, Missouri. Suit following intersection collision downtown Kansas City, Missouri.  Defendant ran the red traffic light at a blind intersection. Soft tissue injuries to low back, left hip and right ankle. Case settled at Mediation for $25,000.00.

J.W. vs. S.R. – Truck with fifth wheel and small car collision in southwestern (rural) Johnson County, Kansas. Defendant driver texting and concentrating on her phone and pulled away from her stop sign into the path of the oncoming truck. Injuries to neck. $50,000.00 per person policy limits paid by defendant’s insurance carrier.

B.T. vs. S.R. – Truck with fifth wheel and small car collision in southwestern (rural) Johnson County, Kansas. Defendant driver texting and concentrating on her phone and pulled away from her stop sign into the path of the oncoming truck. Injuries to shoulder rotator cuff. $50,000.00 policy limits paid by defendants insurance carrier.

2013 Workers Compensation Cases

V.B. vs. University of Kansas – Kansas Workers Compensation work disability from low back injury while performing job duties. Settled for $91,442.86 plus lifetime future medical open.

2012 Verdicts and Settlements: Civil Cases

A.S. vs. W.F., Jr. – rural Howard County, Missouri. Motor vehicle accident left turn on a hill in front of oncoming traffic. Soft tissue injury to plaintiff. Settlement with Hartford Insurance Co. pre-suit $115,000.00. September 2012

R.S., Jr. vs. J.M. – Johnson County, KS District Court. Intersection collision on snow and ice. Liability disputed. Plaintiff claimed aggravation to recently operated low back. Settlement $80,000.00. American Family Insurance defendant insurance carrier. March 2012

D.N. vs. Allstate Property and Casualty Insurance Company – Johnson County, KS District Court Jury Trial. Suit by plaintiff homeowner against insurance carrier for failure to replace an ice damned roof. Insurance company contended through their consulting engineer that the original roof had a construction defect and a policy exception applied. Plaintiff presented evidence that the original roof was properly constructed and was damaged by a recent snow storm and ice damning. Jury Verdict for plaintiff homeowner for $27,821.00 for the replacement cost of the roof. Court awarded plaintiff homeowners attorney under the provisions of Kansas law K.S.A. 40-908 statutory attorney fees of $30,045.00. Homeowner’s expert witness Michael R. Lawless, Jr.  January 2012

M.H. vs. Armed Forces Insurance Exchange – Johnson County, KS District Court Jury Trial. Suit by plaintiff homeowner against insurance carrier for failure to partially replace an ice damned damaged roof. Jury Verdict for homeowner for $7,200.00 plus the $350.00 previously paid and to reissue to homeowner the $2,254.32 previously tendered but not accepted. Court awarded plaintiff homeowners under the provisions of K.S.A. 40-908 statutory attorney fees of $23,000.00. Homeowner’s expert witness Michael R. Lawless, Jr. June 2012

S.S. vs. Safeco Insurance Company of America – Johnson County, KS District Court Trial. Suit by plaintiff homeowner against insurance carrier for failure to replace a hail damaged roof. Insurance carrier through their consulting engineer contended that the roof was worn out through age and natural wear and tear and that there was insufficient kenotic energy from the hail storm to cause damage. Homeowners presented evidence through their expert that there was massive destructive damage from the hail storm rendering the roof totally damaged and in need of replacement. The Court Verdict was for homeowner for their roof replacement cost of $19,850.00 and an award of statutory attorney fees under the provisions of K.S.A. 40-908 for plaintiff’s counsel in the amount of $25,065.00.  Homeowner’s expert witness Michael R. Lawless, Jr. October 2012

T.O. vs. M.B. – Clay County, Missouri. Motor vehicle accident rear end. Aggravation to pre-existing neck and back injury. Settlement with State Farm Insurance Co. pre-suit $13,736.00. November 2012

F.M. vs. K.R. – Jackson County, Missouri. Motor vehicle accident rear end collision. Soft tissue injury to plaintiff. Settlement with American Family Insurance Co. pre-suit $23,750.00. December 2012

2012 Workers Compensation Cases

S.B. vs. Myers & Abercrombie and Travelers Insurance Co. – Missouri and Kansas Workers’ Compensation, Settled for $200,000.00 with future medical open and claim against Missouri Second Injury Fund still pending. November 2012

M.T. vs. Johnson County, Kansas and Thomas McGee LLC. – Kansas Workers’ Compensation back injury. Full and final settlement closed out all issues. $102,500.00 paid in one lump sum. March 2012

B.F. vs. Kaw Valley Engineering Inc. and Travelers Insurance Co. – Missouri and Kansas Workers’ Compensation low back injury $75,000.00 full and final settlement. May 2012

A.H. vs. Butler Transportation Corporation Inc and Kansas Truckers Risk Management Group – Kansas Workers Compensation low back injury $70,000.00 full and final settlement. July 2012

K.J. vs. Alstom Power/KCPL (Itan, MO Nuclear Plant) and Cigna Insurance Company – Missouri Workers Compensation head and neck injury $40,466.00 full and final settlement. May 2012

M.W. vs. ThyssenKrupp Safeway, Inc (Itan MO Nuclear Plant) and SRS Specialty Risk Services – Missouri Workers Compensation neck and shoulder injury $37,740.77 full and final settlement. July 2012

K.P. vs. Carondelet Manor and Ace American Insurance Co. c/o Sedgwick Claims Management – Kansas and Missouri Workers’ Compensation low back injury (aggravation) $42,000.00 full and final settlement. July 2012

L.M. vs. Catholic Charity Community Services and Virginia Surety Co., Inc.

Kansas Workers Compensation low back, neck and shoulder (aggravation). Work disability awarded $63,934.90 affirmed by Board of Appeals of Workers Compensation and by the Kansas Court of Appeals (August 2012). Petition for review by employer and insurance carrier is pending before the Kansas Supreme Court. Petition denied 2013

A.M. vs. Olathe Medical Center and Thomas McGee and Associates, Insurance Carrier – Kansas Workers’ Compensation cervical spine functional settlement only of 25% to the body as a whole for $32,619.97, future medical treatment and review and modification left open. August 2012

S.Y. vs. Journey’s and the Hartford Insurance of the Midwest – Kansas Workers’ Compensation foot and low back injury. Future physical medical left open. Balance of work disability due of $52,500.00 paid in lump sum. December 2012