FBA Civil Jury Verdict Reporter – Issue 15 (September 2024)

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This was a § 1983 action brought by a former inmate at the Sedgwick County Detention Facility against Sheriff Jeff Easter, in his official capacity, and former Sheriff’s Deputy Tony LoSavio. Ms. Rothermel claimed she was sexually assaulted at the jail on May 1, 2021.

Verdict: The jury found in favor of plaintiff on the § 1983 claim against
defendant LoSavio, and also found against defendant LoSavio on the state law claims of battery and outrage. The jury found in favor of Sheriff Easter on the §1983 claim. On the negligence claim against Sheriff Easter, the jury found Ms. Rothermel 100% at fault and Sheriff Easter 0% at fault. The jury awarded $1.00 in damages.

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Plaintiff was a train conductor employed by the defendant and brought suit under the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20101 et seq., claiming he was unjustly disciplined on three separate occasions for engaging in protected activity. Plaintiff claimed lost income, an expungement of his record, punitive damages and attorney’s fees.

Verdict: The jury answered “No” to the first question: “Did Plaintiff Justin Berberich prove the elements of Count I—as identified in Instruction No. 4—by a preponderance of the evidence?” and did not proceed to any remaining questions.

Plaintiffs asserted claims against eight defendants claiming they took or conspired to take certain equipment, vehicles and inventory – some of which was returned, and some of which was not. Plaintiff KDF Forestry, Inc. also asserted a claim against defendant Mark Wells for breaches of his fiduciary duties as a shareholder and director of KDF Forestry, Inc. Defendants asserted claims against plaintiffs for interfering with expected business from third parties, and defendant Mark Wells asserted claims against plaintiff KDF Enterprises, LLC for not paying him for services he provided them.

Verdict: The jury reached 14 separate verdicts: (1) For defendant Mark Wells and against plaintiff KDF Forestry, Inc.; (2) For plaintiff KDF Forestry, Inc. and against defendants Dawn Wells a/k/a Cynthia Dawn Smith a/k/a Cynthia Wells, Kristina Orchekowski, 247 Ranch, LLC, and 247, Inc.; (3)(a) For defendant Mark Wells and against plaintiff KDF Forestry, Inc.; (3)(b) For defendant Mark Wells and against defendant KDF Enterprises, LLC; (3)(c) For plaintiff KDF Equipment, LLC and against defendant Mark Wells, awarding $100,000 in actual damages and no punitive damages; (4)(a) For defendants Dawn Wells a/k/a Cynthia Dawn Smith a/k/a Cynthia Wells, Kristina Orchekowski, 247 Ranch, LLC & 247, Inc. and against plaintiff KDF Forestry, Inc.; (4)(b) On the claim of plaintiff KDF Equipment, LLC against Dawn Wells, a/k/a Cynthia Dawn Smith a/k/a Cynthia Wells, Kristina Orchekowski, 247 Ranch, LLC, Double Diamond Farms, LLC and/or 247, Inc., the jury found in favor of all defendants except it found that defendant 247 Ranch, LLC conspired with defendant Mark Wells to convert a 1998 Yellow AG-Chem Terra-Gator 8103 Power Unit for Hydro Seeder and a 2016 Apex Hydro-Broadcast Seeder; (5) For defendant Mark Wells and against plaintiff KDF Forestry, Inc. on a breach of fiduciary duty claim; (6)(a) In favor of all nine defendants on a RICO conspiracy claim brought by plaintiff KDF Forestry, Inc.; (6)(b) In favor of all nine defendants on a RICO conspiracy claim brought by plaintiff KDF Enterprises, LLC; (6)(c) In favor of all nine defendants on a RICO conspiracy claim brought by plaintiff KDF Equipment, LLC; (7) In favor of defendant/counterclaimant Mark Wells against plaintiff KDF Enterprises, LLC, for the reasonable value of management, administrative services, and equipment furnished in the amount of $100,000; (8) In favor of plaintiff KDF Enterprises, LLC on the counterclaim brought by defendant Mark Wells/counterclaimant for management, administrative services, and equipment; and (9) In favor of defendant/counterclaimant Mark Wells against plaintiff KDF Enterprises, LLC for management, administrative services, and equipment in the amount of $20,000.

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Plaintiffs Lindt & Sprungli, a multinational chocolatier and confectionary company that acquired Russell Stover Candies in 2014, sued defendant GXO Warehouse Co., a logistics company, after hiring GXO to manage its consolidation of warehouses for its growing portfolio of chocolate brands. Plaintiffs alleged defendant’s system broke down during its peak season for chocolate sales, causing significant economic losses. Plaintiffs sued for breach of contract, negligence, fraud and punitive damages, and defendant counterclaimed for breach of contract, non-payment and conversion.

Verdict: On plaintiffs’ claims, the jury found in their favor, awarding damages of $18.3 million for lost profits and $15.1 million for extraordinary expenses (Total Verdict: $33.4 million). The jury did not award punitive damages. On defendant’s claims, the jury found in favor of the plaintiffs and awarded no damages.

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This was a motor vehicle/personal injury case.

Verdict: The jury was asked to answer one question: “What sum do you find fairly and justly compensates Plaintiff for the damages you believe Plaintiff sustained as a result of the occurrence?” The jury awarded $125,000 in past non-economic loss and $25,000 in future non-economic loss for a total verdict of $150,000.

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This action was brought by the United States Department of Labor under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203. Note: Immediately prior to the start of trial, the Court issued a Memorandum Decision on plaintiff’s motion for partial summary judgment as to the defendants’ alleged written waiver of their statute of limitations defenses based on their execution of six separate tolling agreements.

Verdict: The Verdict Form answered 13 separate questions. (1) The jury found that defendants violated the minimum wage provision of the FLSA; (2) The jury awarded $14,374.87 in back wages at the Andover location, $580.00 at the Derby location & $10,373.08 at the Wichita location for a total award of $25,327.95; (3) The jury found that defendants had not proven by a preponderance of the evidence that they complied with the tip credit provision of the FLSA; (4) The jury awarded $20,973.40 in tips back wages at the Andover location, $34,068.89 at the Derby location & $33,547.89 at the Wichita location for a total award of $88,590.18; (5) The jury awarded $169,461.97 in tip credit back wages at the Andover location, $186,698.57 at the Derby location & $211,130.35 at the Wichita location for a total award of $567,290.89; (6) The jury found by a preponderance of the evidence that defendants violated the overtime provision of the FLSA; (7) The jury awarded $73,942.93 in overtime back wages at the Andover location, $107,248.03 at the Derby location & $276,114.73 at the Wichita location for a total award of $276,114.73; (8) The jury found that the FLSA violations were willful as to all defendants; (9) The jury found that defendant Los Cocos was the employer of the employees at all Los Cocos locations; (10) The jury found that defendant Sergio Delgado was an employer of the employees at all Los Cocos locations; (11) The jury found that defendant Luis Alfaro was an employer of the employees at all Los Cocos locations; (12) The jury found that defendant Jose Alvaro de Leon was an employer of the
employees at all Los Cocos locations; and (13) The jury found plaintiff had proven that defendant Jose Alvaro de Leon was liable for $31,337.39 in back wages “according to the limitations set forth in Instruction No. 11.” Taking Question No. 13 to the side—the import of which is unclear—the total verdict against the defendants was $957,323.75.

NOTE:  The Federal Bar Association Chapter for the Districts of Kansas and Western Missouri retains sole and complete responsibility for the content of this publication.  For questions or comments about this publication, contact Blake Shuart via e-mail at Blake.Shuart@huttonlaw.com.