FBA Civil Jury Verdict Reporter – Issue 12 (October 2023)

 

 

Civil Jury Verdict Report

D.Kan. & W.D. Mo.
Issue 12 – October 2023

CLICK HERE TO JOIN FBA!

WANT TO JOIN THE FEDERAL BAR ASSOCIATION? 

The Federal Bar Association provides practitioners in all practice areas a unique opportunity to socialize with colleagues and Judges in a professional setting while learning more about the federal courts.  The FBA offers many opportunities to obtain CLE credits in both live and remote settings, free of charge for all registered members.

To register, contact the Chapter’s Membership Director: Hammons Hepner at hhepner@midwest-law.com or visit the FBA website at www.fedbar.org/membership.

OCTOBER 2023 CIVIL VERDICT SUMMARY: 

Parties:

Judge:
Case No.:
Location:
Attorneys: 

Maxus Metropolitan, L.L.C. v. Travelers Property Casualty Co. of America
Hon. Fernando J. Gaitan, Jr.
4:20-cv-00095-FJG
WDMO (KC, MO)
(P) – Michael J. Abrams & Alana McMullin
(D) – Brenen G. Ely & Daniel Edward Hamann 

The plaintiff, Maxus, is the owner of the Metropolitan, a multi-family apartment complex located at 2900 7th Ave. South in Birmingham, Alabama.  This case arises from an insurance coverage dispute relating to a two-alarm fire that occurred at the Metropolitan on September 27, 2018.  At the time of the fire, Maxus was insured under Travelers’ Builders Risk insurance policy.  Maxus contended at trial that the September 27, 2018, fire resulted in direct physical loss to the Metropolitan, which was covered under the Travelers policy but was not fully paid.  Travelers contended it had paid all amounts due to Maxus under the policy and that all other amounts were not owed under Travelers’ policy, primarily because they were not for direct physical loss to the Metropolitan caused by the subject fire.

Verdict: There were four verdict forms.
Verdict Form A: On plaintiff’s breach of contract claim for direct physical loss or damage to the Metropolitan caused by the fire for which Maxus had not been fully compensated, excluding any property damage caused by combustion products, the jury found in favor of the plaintiff.  The jury awarded $1,666,239.83 for rebuilding Phase 6 to its stage of construction at the time of the fire; $126,000.00 for water damage in Phase 5; $250,000.00 for water damage in Phases 1 through 4; and $3,868,772.88 in exterior damage to Phases 1 through 5.
Verdict Form B: On plaintiff’s breach of contract claim against defendant for direct physical loss or damage to the Metropolitan in the form of combustion byproducts caused by the subject fire, the jury found in favor of plaintiff and awarded $17,184,851.43.
Verdict Form C: On plaintiff’s breach of contract claim against defendant for business interruption to the Metropolitan caused by the subject fire, the jury found in favor of plaintiff and awarded $4,234,399.00.
Verdict Form D: On plaintiff’s claim for vexatious refusal to pay the claim, the jury found in favor of plaintiff.  The jury awarded a 20% penalty for the first $1,500.00; a 2% penalty for the remainder of the award; and an award of reasonable attorney’s fees.

Parties:

Judge:
Case No.:
Location:
Attorneys: 

Qinghua Zhang, et al. v. Federal Home Loan Bank of Topeka
Hon. Toby Crouse
5:19-cv-04073-TC
D. Kan. (Topeka, KS)
(P) Brenda L. Head
(D) Eric E. Packel, Emma R. Schuering and Meghan H. Hanson

Two of the defendant bank’s former directors, Qinghua “Josh” Zhang and Steven Craig Heiland, claimed race-based discrimination and retaliation in their employment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., as well as state common-law retaliatory termination.  Zhang contended that his race (Asian) was a motivating factor in his termination and that his employment was terminated in retaliation for his alleged internal complaints of race discrimination or whistleblowing.  Heiland contended that he was fired in retaliation for his alleged internal complaints of race discrimination or whistleblowing.

Verdict: The jury found in favor of the defendant on all claims. 

Parties:

Judge:
Case No.:
Location:
Attorneys: 

Derek Wilson v. Blue Springs R-IV School District
Hon. Jill A. Morris
4:20-cv-00753-JAM
WDMO (KC, MO)
(P) – Michael Williams & Matthew Dameron
(D) – Steven Coronado & Paul Gordon 

This was an employment case asserting both Title VII retaliation/42 U.S.C. § 1981 retaliation claims and a retaliation claim under the Missouri Human Rights Act.  Plaintiff claimed that his filing of the lawsuit was the but-for cause of/a motivating factor in defendant’s decision not to hire plaintiff for the Defensive Coordinator position.

Verdict: The jury found in favor of the defendant on all claims.

Parties:

Judge:
Case No.:
Location:
Attorneys: 

Christopher K. Spates v. George Lombardi, et al.
Hon. Douglas Harpool
6:18-cv-03150-MDH
WDMO (Springfield, MO)
(P) – Joseph Brent Dull & Laura C. Robinson
(D) – Austin C. Davis, Diane F. Peters & Jessica L. Ward 

This was a § 1983 civil rights claim for failure to protect a prisoner’s civil rights.

Verdict: The jury found in favor of the plaintiff, awarding both actual and punitive damages.

Parties:
Judge:
Case No.:
Location:
Attorneys: 

Cheri Williams v. USA
Hon. Fernando J. Gaitan, Jr.
4:21-cv-00307-FJG
WDMO (KC, MO)
(P) – Amanda Blackwood & James Albert Montee
(D) – Cari Franke Walsh & Elizabeth D. Hatting 

Note: This was a bench trial.  Plaintiff brought this wrongful death action pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346, et seq.  The subject motor vehicle accident occurred on July 1, 2020, in the eastbound lane of 20th Street in Kansas City, Missouri, between Denver Avenue and Quincy Avenue.  The decedent, Tony Eujean White, was 15 years-old at the time of the wreck, and the action was brought by his adoptive mother.

Verdict: The jury found in favor of the plaintiff, found no comparative fault was attributable to decedent and awarded the following damages: $898,441.00 in pecuniary loss; $19,930.00 in medical bills; $10,340.00 in funeral and burial expenses for a total of $928,771.00 in economic damages; and $2,000,000.00 in non-economic damages for the “reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training and support” suffered by plaintiff for the loss of her son.  The total damages awarded were $2,928,771.00.

Parties:

Judge:
Case No.:
Location:
Attorneys: 

New Prime, Inc. v. Federal Insurance Company
Hon. Roseann A. Ketchmark
6:21-cv-03041-RK
WDMO (Springfield, MO)
(P) – Frederick T. Johnson & Jason C. Smith
(D) – Sarah Russell Smith & Kelsey Leigh McLean 

This case was brought by a trucking company, New Prime, against the defendant insurer.  One of New Prime’s truck drivers was in an accident with an automobile in Texas, which resulted in a multimillion-dollar judgment against New Prime following a jury trial in Texas.  New Prime alleged in this case that the defendant insurer breached its insurance policy by failing to pay New Prime the policy limits.  The insurer’s defense was that New Prime did not timely provide notice of the accident as required under the policy and that the insurer was prejudiced by the lack of notice.

Verdict: The jury found in favor of the plaintiff.

DID YOU KNOW?

In addition to the District Courts, federal trial courts have been established for a few subject-specific areas.  Each federal district has a bankruptcy court.  Some courts have nationwide jurisdiction for issues such as tax (United States Tax Court), claims against the federal government (United States Court of Federal Claims), and international trade (United States Court of International Trade).

Source:     https://www.justice.gov/usao/justice-101/federal-courts

FEDERAL BAR ASSOCIATION CHAPTER FOR THE DISTRICTS OF KANSAS & WESTERN MISSOURI

– OFFICERS FOR 2022-2023 –

President:
President-Elect:
Vice-President:
Treasurer:
Secretary:
Immediate Past President:
National Delegate:

Magistrate Judge Lajuana Counts
Blake Shuart
Magistrate Judge Gwynne Birzer
Eric Turner
Danielle Atchison
Ethan Lange
Kate Simpson

UPCOMING EVENTS

WEBINAR: EFFECTIVE ORAL ADVOCACY ON APPEAL – A PANEL DISCUSSION

When: Wednesday, October 18, 2023, 1:00-2:00pm

Free for FBA Members!

Visit our website for more information and to register!

DKAN/WDMO FBA Chapter Pickleball Social

When: Saturday, October 28, Afternoon: Time TBD

Where: Hy-Vee Arena.

Contact Social Chairman Robert Calbi at r.calbi@gmail.com or visit our website for more details.

WEBINAR: EFFECTIVE APPELLATE ADVOCACY: HOW TO IDENTIFY, RAISE AND PRESERVE ISSUES ON APPEAL – A PANEL DISCUSSION

When: Wednesday, November 15, 2023, 1:00-2:00pm

Free for FBA Members!

Visit our website for more information and to register!

CLICK HERE TO JOIN FBA!

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.