FBA Civil Jury Verdict Reporter – Issue XI (August 2023)

Districts of Kansas & Western Missouri

Civil Jury Verdict Report
D.Kan. & W.D. Mo.
Issue 11 – August 2023.

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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:
Ethan Lange
Magistrate Judge Lajuana Counts
Blake Shuart
Eric Turner
Danielle Atchison
Magistrate Judge Teresa James
FEDERAL BAR ASSOCIATION CHAPTER FOR THE DISTRICTS OF KANSAS & WESTERN MISSOURI ––OFFICER SLATE FOR 2023-2024
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
AUGUST 2023 CIVIL VERDICT SUMMARY: 
Parties:
Judge:
Case No.:
Location:
Attorneys:
Skipton, et al. v. Revhoney, Inc., et al. 
Hon. Holly L. Teeter
2:19-cv-02682-HLT
D. Kan. (KC, KS)
(P) – Casey Housley, Christopher Johnson, Jordan Corn
(D) – Christopher Pickering
In this action involving both claims and counterclaims, plaintiffs asserted fraud, breach of fiduciary duty and punitive damages against the defendants arising out of an agreement between the parties concerning the investment in and operation of RevHoney, Inc., which produces, markets and sells a line of honey-based beverages and snacks as well as raw honey.  The defendants counter-claimed for fraud, breach of contract, promissory estoppel, tortious interference with a prospective business advantage and punitive damages.  The verdict form presented 15 unique questions to the jury.

Verdict:         The jury found the defendants liable for fraud, fraud – promise of future events and breach of fiduciary duty, awarding $600,000.00 in compensatory damages.  The jury also found that punitive damages should be awarded to the plaintiffs.  In a separate verdict form, the jury awarded $450,000.00 in punitive damages to the plaintiffs.  The jury found in favor of the plaintiffs and against the defendants on all of the defendants’ claims.

Parties:

Judge:
Case No.:
Location:
Attorneys:

Christopher Y. Meek v. Kansas City Life Insurance Co. 
Hon. Beth Phillips
4:19-cv-00472-BP
WDMO (KC, MO)
(P) – Bradley Wilders, Patrick Stueve, Lindsay Todd Perkins, et al.
(D) – Daniel Delnero, Traci Martinez, James Randolph Evans, et al.
A KC Life flexible premium adjustable policy owner, Christopher Y. Meek, sued KC Life both individually and on behalf of a class over the cost of insurance and expense charges deducted from policy owners’ cash or accumulated values.  They contended KC Life breached certain universal life policies issued in Kansas by calculating costs in a manner contrary to the policies’ provisions, resulting in excess charges.

Verdict:         The jury found in favor of the Class and against KC Life on County I in the amount of $908,075.00 and on Count II in the amount of $0.00.  The jury found for KC Life on Counts III & IV.  Count V was dismissed without prejudice.

Parties:

Judge:
Case No.:
Location:
Attorneys:

Powell v. Farm Bureau Property & Casualty Company
Hon. John W. Boomes
2:21-cv-02607-JWB-GEB
D. Kan. (KC, KS)
(P) – Richard James, Brendan Lykins & Arthur Rhodes
(D) – Daniel Diepenbrock, Todd Thompson & Adam Hall
This was a UM/UIM motor vehicle negligence personal injury case.

Verdict:        The jury found non-party driver Staci Hall 95% at fault and plaintiff 5% at fault.  The jury awarded $43,000.00 in medical expenses to date, $5,000.00 in future medical expenses, $2,500.00 in non-economic loss to date and $5,000.00 in future non-economic loss for a total verdict of $55,500.00.  Based upon the jury’s verdict, judgment was entered in favor of defendant Farm Bureau.

DID YOU KNOW?
United States Magistrate Judges are appointed by the District Court by a majority vote of the Judges and serve for a term of eight years if full-time and four years if part-time, but they can be reappointed after completion of their term.  In criminal matters, Magistrate Judges may oversee certain cases, issue search warrants and arrest warrants, conduct initial hearings, set bail and decide certain pre-trial motions.  In civil cases, Magistrate Judges often handle a variety of issues such as pre-trial motions and discovery.

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

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.
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