FBA Civil Jury Verdict Reporter – Issue 17 (March 2025)

This was an automobile negligence case which was tried exclusively on the issue of damages.

Verdict: The jury found in favor of the plaintiff, Mr. Medina, and awarded the following damages: (1) $82,486.73 for medical expenses; (2) $150,000.00 for future medical expenses; (3) $400,000.00 for non-economic damages; and (4) $500,000.00 for future non-economic loss.  The total verdict was $1,132,486.73.

The EEOC claimed that an employee at Sun Chemical’s manufacturing facility in Kansas City, Missouri was subjected to a racially hostile work environment when a coworker verbally and physically harassed him with profanity in the lunchroom, followed him into the locker room, slammed his hand into the locker next to the employee, and hurled a racial slur at him.  The EEOC alleged that supervisory employees at the facility were aware of that coworker using racial slurs in the workplace on multiple prior occasions but failed to take prompt and appropriate corrective action, and that when the employee complained about being racially harassed by his coworker, Sun Chemical retaliated by issuing him a written warning for using profanity against the accuser.  The suit alleged violation of Title VII of the Civil Rights Act of 1964 and claimed pecuniary and non-pecuniary damages, including emotional pain, suffering and embarrassment.

Verdict: The jury found in favor of the defendant, Sun Chemical Corporation.

Taney County Judge Eric Eighmy was sued civilly for twice placing two children in custody in violation of the First, Fourth and Fourteenth Amendments.  The Judge’s orders occurred in the course of custody proceedings.  In the first instance, Judge Eighmy heard the two children protesting during a proceeding, personally escorted them to a jail cell and left, then returned an hour later to let them out of custody.  In the second instance, during a hearing on a contempt motion filed by the mother to have the children returned to her, the father and two children failed to attend the hearing.  Judge Eighmy issued a pick-up order for the children, leading to their confinement at a juvenile detention center in Louisiana.  The Missouri Supreme Court issued a writ of prohibition ordering Judge Eighmy to vacate the pick-up order, and the children were released.  After the civil suit was filed, Judge Eighmy filed a motion to dismiss, claiming absolute immunity from suit.  The court denied the motions and Judge Eighmy appealed to the Eighth Circuit, which held that Judge Eighmy was entitled to absolute immunity for the second act only, as that was the only function normally performed by a judge.

Verdict: The jury found in favor of both plaintiffs for unreasonable seizure, but returned verdicts for the defendant on the speech retaliation and due process claims.  Each plaintiff was awarded $5,000.00 in damages.  $0.00 in punitive damages were awarded.

¹ For a comprehensive analysis of this case, please see the University of Missouri Law Review article Narrowing Judicial Immunity: Holding Judges Accountable for Exercising Jurisdiction Where They are Statutorily Barred from Doing So.  https://lawreview.missouri.edu/narrowing-judicial-immunity-holding-judges-accountable-for-exercisingjurisdiction-where-they-are-statutorily-barred-from-doing-so/

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Mr. Moffit brought suit against ValueHealth, LLC and Mr. Bisbee alleging breach of the Kansas Wage Payment Act.

Verdict: The jury answered two questions as follows: (1) The jury found that ValueHealth, LLC willfully violated the Kansas Wage Payment Act under Instruction No. 13; and (2) The jury found that Don Bisbee knowingly allowed ValueHealth to violate the Kansas Wage Payment Act under Instruction No. 14.  Subsequently, Judge Vratil directed the clerk to enter judgment in favor of the plaintiff on plaintiff’s claims for breach of contract and violation of the Kansas Wage Payment Act, with ValueHealth, LLC and Don Bisbee each jointly and severally liable for plaintiff’s damages of $500,000.00 plus ten percent prejudgment interest on $250,000.00 beginning in October of 2023.

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Ms. Rodriguez Juarez brought suit against her former employer, Midwest Division-OPRMC, LLC, asserting claims for sex discrimination, sexual harassment and retaliation in violation of Title VII of the Civil Rights Act.  Ms. Rodriguez Juarez was employed for six months as a dietary assistant in the Food Services department at Overland Park Regional Medical Center (“OPRMC”) and had regular contact with male employees who sexually harassed her.

Verdict: The jury declined to award damages under Instruction Nos. 12 or 14, but did award a verdict for plaintiff on Instruction No. 13, and then proceeded to award $50,000.00 for lost wages and $100,000.00 in compensatory damages.  The jury declined to award punitive damages.

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Plaintiff, DRE, claimed breach of contract of a larger September 15 invoice and a smaller September 10 invoice, fraudulent inducement, fraudulent representation, negligent representation and civil conspiracy against defendants Berkley & Lyons.

Verdict: The jury found in favor of the defendants.

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.