May 9, 2023

Graves, Brown & Ray v. Nabholz Construction Group, et al.

Jeff Baker and Grace Miller recently obtained summary judgment in a construction defect/personal injury case pending in Douglas County, Kansas. Plaintiffs alleged that they sustained personal injuries because of exposure to carbon monoxide while working at Kennedy Elementary School in Lawrence, Kansas through the alleged faulty work of multiple Defendants. Plaintiffs were claiming in excess of $3.5 million in damages. Jeff and Grace successfully argued that the statute of limitations barred Plaintiffs’ lawsuits. The trial court agreed with SWR’s position and found that Plaintiffs had knowledge of the alleged defects but waited until outside the 2-year statute of limitations in Kansas to file their lawsuits against SWR’s client. Accordingly, the trial court granted SWR’s motion and dismissed Plaintiffs’ claims against SWR’s client. This was a big win for SWR’s client and its insurer United Fire & Casualty.