Legal Alerts
February 2, 2023 Bordeau Wins Critical Motion Reducing Plaintiffs’ Alleged Damages From $3.2M to Less Than $100,000Plaintiffs’ alleged our client, an insurance agent, failed to procure building insurance on a commercial building. After a hailstorm and roof damage, the building sustained damages from water intrusion. Plaintiffs produced a repair estimate from a construction expert exceeding $3.1 million dollars. However, Plaintiffs purchased the building 10 years ago for less than $20,000. Evidence …
November 22, 2022 Charles Smith, et al. v. Jeffrey Harvey, M.D.Brian Burge and Stacey Dowd recently obtained a complete defense verdict on behalf of an ER physician in a wrongful death case filed in St. Francois County, Missouri. The defendant had been accused of negligence in the care and treatment of a 69-year-old wife and mother suffering from an iliofemoral deep vein thrombosis. The defendant-physician …
October 5, 2022 Washburn v. J. Larson Homes, LLCChristopher Staley and Jeff Baker recently obtained summary judgment in a construction defect case in Johnson County, Kansas. Plaintiffs alleged that a general contractor was negligent in building a home in the Mills Farm subdivision of Overland Park. Plaintiffs were claiming in excess of $2 million dollars in damages. Chris and Jeff successfully argued that …
September 30, 2022 Kansas Department of Health and Environment v. Vandevord Day Care HomeSean Edwards successfully argued against the Kansas Department of Health and Environment’s (KDHE) attempt to revoke the operating license held by a Johnson County daycare provider in a case pending before the Kansas Office of Administrative Hearings and appealed to the District Court of Johnson County, Kansas. That victory for the daycare provider was successfully …
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February 18, 2022 Granado v Wilson KS Court of Appeals DecisionIn Granado v Wilson, Wilson ran a stop sign under the apparent influence of drugs and/or alcohol causing death of plaintiff’s spouse in October 2017. The liability carrier claim representative received the accident report confirming the apparent failure to stop and drug/alcohol involvement of the insured driver on November 2017. In February 2018, plaintiff hired an …
January 19, 2022 The Fate of Missouri’s No Pay No Play StatuteMissouri’s No Pay No Play Statute is codified at RSMo. §303.390 and provides that if an uninsured Plaintiff is involved in a motor vehicle accident with an insured Defendant, then the uninsured Plaintiff is precluded from recovering any non-economic damages from the insured Defendant. Although this statute has not been addressed by the Missouri Supreme …
September 2, 2021 Missouri Makes Major Changes to Minor SettlementsOn August 28, 2021, the “Missouri Statutory Thresholds for Settlements Involving Minors Act” went into effect in the State of Missouri. The Act makes several important changes to the way that claims and settlement agreements for minor claimants or plaintiffs. The main takeaway is that if a minor’s claim totals less than thirty-five thousand dollars …
August 16, 2021 Johnson County, Kansas Court System COVID UpdateORDER TEMPORARILY SUSPENDING JURY TRIALS IN CONSIDERATION OF COVID PROTECTION PROTOCOLS FOR THE 10TH JUDICIAL DISTRICT Below is the most recent Administrative Order (AO No. 21-05) entered by Chief Judge Thomas Kelly Ryan canceling jury trials scheduled through September 7th due to the COVID pandemic for the 10th Judicial District governing operations in the Johnson County, Kansas, …
July 30, 2021 COVID-19’s Impact on Statutes of Limitations for Civil Actions in Missouri and KansasThe Supreme Courts of Missouri and Kansas took two different approaches toward their treatment of statutes of limitations and deadlines in light of the COVID-19 Pandemic. The different approaches of each court are important to be aware of for potential plaintiffs and defendants because it will directly impact whether a party is able to bring …
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June 30, 2021 2021 Legislation on Bad Faith in MissouriNew legislation was enacted in Missouri to amend §§ 435.415 and 537.065 R.S. Mo concerning agreements frequently used in bad faith litigation. Section 537.065 R.S. Mo. allows an insured to enter into an agreement with a claimant where the claimant will not execute on any of the insured’s assets other than insurance that may apply, and the insured typically assigns his/her rights against the insurance company to the claimant.