FBA Civil Jury Verdict Reporter – Issue 14 (April 2024)

This was a trucking negligence case in which the plaintiffs both sought damages for personal injury against the defendants.

Verdict: The jury found plaintiff Julie Sinclair 67% at fault and defendant Yunieski Rodriguez 33% at fault. The jury’s fault apportionment prevented plaintiff Julie Sinclair from collecting any damages under Kansas’s “modified – 50%” comparative fault law. Plaintiff Robert Sinclair was awarded $30,000 in noneconomic loss to date; $0 in future noneconomic loss; and $2,665.97 in medical expenses to date; total verdict: $32,665.97.

Ritchie Terrell Aaron, Jr. was traveling on an Amtrak passenger train between Normal, Illinois and Independence, Missouri, when he was shot by Marquise L. Webb, another ticket-carrying passenger who had boarded the train separately from Mr. Aaron in Normal, Illinois. The facts alleged included the following: After Mr. Webb boarded the train, the Amtrak conductor checked passenger tickets, including Mr. Webb’s. The conductor questioned Mr. Webb prior to the shooting as to why he had purchased two tickets for the same trip to Kansas City, but despite not having an answer, he was not asked any follow-up questions, he was not asked to open his bag, and he was not asked to remove his jacket or otherwise detained for further inquiry. While the train was stopped at the Lee’s Summit station, other passengers notified Amtrak personnel of multiple gunshots and Mr. Aaron’s injuries. Amtrak made no effort to remain at the Lee’s Summit stop or stop the train along the route to connect with emergency services. When the train later arrived at the Independence stop, emergency services arrived to assist Mr. Aaron, but it was too late – he was pronounced dead at the scene. Claims against Amtrak included inadequate security; negligent hiring, training and/or supervision; negligence and assault/battery against Mr. Webb and wrongful death. Plaintiff Aaron and her minor children brought the suit.

Verdict: The jury found in favor of the plaintiff and found that decedent’s death and plaintiffs’ damages were proximately caused by Amtrak’s negligent conduct, making Amtrak liable for all injuries and damages alleged. The jury found defendant Webb 10% at fault and defendant Amtrak 90% at fault. The jury awarded compensatory damages in the amount of $8,800,000.00 and punitive damages in the amount of $150,000,000.00.

This was a products liability case alleging strict liability product defect and strict liability failure to warn. Plaintiff suffered an injury to his right hand while operating a negative paste mixer, which is part of a battery paste preparation system, designed, manufactured, and installed by the defendant.

Verdict: The jury found defendant 0% liable and a motion for judgment was granted in defendant’s favor at the close of plaintiff’s case.

Plaintiffs alleged that their decedent, Shawn Carroll, died and Lauren Wilken and Benjamin Dodd were injured as a result of defects in the boat designed by defendants. Defendants denied that the boat was defective and claimed that the plaintiffs’ alleged damages were caused by the boat operator’s negligence.

Verdict: The jury found in favor of the defendant.

Plaintiff alleged breach of contract and negligence against the defendant, an insurance agency that takes applications for various types of insurance and provides quotes for insurance coverage to its customers. Mr. Davani called GEICO to obtain a quote for homeowners’ insurance for a property located in east Wichita. Mr. Davani sustained a water leak at his property, causing damage, and brought suit against GEICO for negligence in failing to procure the correct coverage in conjunction with quotes provided during a telephone call between the insurance agent and Mr. Davani.

Verdict: The jury found in favor of the defendant and awarded $0 in damages.

Plaintiff Bruce worked for the Kansas Highway Patrol (KHP) for 30 years. He was promoted to the rank of major in March 2008 and successfully completed a six-month probationary period in that role. In April 2015, Governor Brownback appointed Bruce to serve as superintendent of the KHP. He continued in that role until March 2019, when Bruce alleged defendants forced him to resign his employment. Bruce argued Kansas law (K.S.A. 74-2113) required defendants to return him to the rank he held before his appointment as superintendent, rather than terminate his employment with the KHP, and raised a procedural due process claim under § 1983. Note: The procedural history of this case also involved certified questions to the Kansas Supreme Court, Case No. 124,415.

Verdict: By a 6-1 vote, the jury answered “Yes” to the question of whether plaintiff’s resignation from employment with the KHP was involuntary and coerced by the defendant, Governor Kelly, acting through her Chief of Staff, William Lawrence.

Bronc and Seth Marmon alleged unlawful discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111, et seq. The two plaintiffs, father and son, were fired after leaving work to care for a family member who suffered a stroke and went into a coma.

Verdict: The jury found in favor of both plaintiffs. Bronc Marmon was awarded $5,750 in lost wages and $15,000 in compensatory damages, plus $10,000 in punitive damages. Seth Marmon was awarded $0 in lost wages, $15,000 in compensatory damages and $10,000 in punitive damages. Total verdict: $55,750.

Defendant Zimmerman and plaintiff Post were involved in a wreck on Highway 24 in Osborne County, Kansas. Defendant Kaser, plaintiff, and defendant Zimmerman – in that order – were traveling eastbound when a tire on defendant Kaser’s trailer failed, and defendant Zimmerman subsequently rear-ended plaintiff’s vehicle, being driven by Sena Bailey. Both defendants Kaser and Zimmerman were driving semi-trucks. Defendant Nichols employed defendant Kaser. Defendants Hanchett and Hanchett Farms employed defendant Zimmerman. Plaintiff sued all defendants under various negligence theories and also requested punitive damages.

Verdict: The jury found Sena Bailey to be 98% at fault and defendant Zimmerman to be 2% at fault. The jury awarded $8,162.15 in medical expenses to date and $0 in all other damages categories claimed. The jury also found defendant Zimmerman did not engage in wanton conduct, so no punitive damages were awarded.

This was a UM/UIM automobile injury case.

Verdict: The jury found plaintiff’s injuries were caused by, aggravated by, or made active by the motor vehicle collision on October 14, 2020. The jury awarded $32,950.59 in medical expenses to date; $50,000.00 in noneconomic loss to date; and $50,000.00 in future non-economic loss; total verdict: $132,950.59.

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.