Category Archive: Results

  1. SAKG Named as One of the Best Places to Work in Kansas City

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    For the second year in a row, SAKG is honored to be named one of the Best Places to Work by the Kansas City Business Journal. To celebrate, SAKG attorneys and staff attended a special event at Arrowhead Stadium which showcased all the nominated organizations.

    To read more about this honor, click here.

     

  2. SAKG Volunteers at Sunflower House’s Pumpkin Palooza

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    Last weekend, SAKG took part in Sunflower House’s Annual Pumpkin Palooza event by sponsoring and decorating a booth and handing out candy to hundreds of children. The event included many of these trick-or-treating stations along with other entertaining activities for kids.

    Sunflower House is a non-profit organization which advocates for children who are victims of abuse. Read more about their mission here.

  3. SAKG Staff Participate in Literacy KC Fundraiser

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    Last month, SAKG staff took part in the 2nd Annual Literacy KC Classic. The staff enjoyed an afternoon of mini golf at Power & Light while benefitting the mission of Literacy KC, which aims to advance literacy throughout the Kansas City area by offering collaborative services and spearheading advocacy efforts.

    Learn more about Literacy KC here.

  4. SAKG Participates in BBBS Summer Bowl for Kids’ Sake

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    SAKG participated in the Summer Bowl for Kids’ Sake 2022, Big Brothers Big Sisters’ annual signature fundraiser. As the nation’s largest donor- and volunteer-supported mentoring network, Big Brothers Big Sisters makes meaningful, monitored matches between adult volunteers and children, ages 5 through young adulthood in communities across the country.

    SAKG raised over $3,000 for the cause and in celebration, enjoyed a bowling party alongside other companies that participated in the event.

     

     

  5. Gregory Frias Joins SAKG as an Associate

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    SAKG is pleased to announce Gregory Frias as the newest associate attorney at the firm. Greg will focus his practice on commercial litigation and health care litigation.

    Greg graduated from the University of Missouri-Kansas School of Law in 2019, and has since served as the law clerk to the Honorable Justine E. Del Muro of the 16th Circuit Court of Jackson County, Missouri. He has also gained experience working with cases involving automobile and trucking product defects, wrongful death, and dangerous consumer products.

     

  6. Eighth Circuit Affirms Summary Judgment in Favor of The Kansas City Southern Railroad Company

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    Congratulations to Sean Hamer and his team in a success before the Eighth Circuit Court of Appeals affirming summary judgment in favor of The Kansas City Southern Railway Company.

    On the morning of October 7, 2012, Nathan Blanton, an employee of ITS Technologies and Logistics, LLC, was working as a locomotive engineer at the Richards-Gebaur International Freight Center — a facility in Grandview, Missouri owned by The Kansas City Southern Railway Company.  Blanton was operating a locomotive to switch railcars from one track to another at the facility.  Prior to moving the locomotive on to an industrial lead track at the facility, Blanton contacted the KCSR dispatcher and was warned by the dispatcher that there were empty railcars stored on the industrial lead track.  After being warned of the empty railcars stored on the industrial lead track, Blanton operated the locomotive on to the industrial lead track and collided with the railcars.  Blanton claimed to have suffered career-ending injuries as a result of the collision.

    Blanton filed a workers’ compensation claim with ITS and received a lump-sum payment after settling the claim.  Blanton then filed suit against KCSR in the United States District Court for the Western District of Missouri asserting a claim for common law negligence in which he sought to recover damages in excess of $2 million for the injuries he claimed in the October 2012 incident.  District Court Judge Beth Phillips granted summary judgment for KCSR based on the affirmative defense of statutory employment, a doctrine extending the obligations and protections of the Missouri Workers’ Compensation Act to employers who have labor performed by contract.  Concluding that KCSR had demonstrated on the undisputed facts that it qualified as Blanton’s statutory employer and, therefore, Blanton’s sole remedy lie in the Act, the District Court dismissed Blanton’s Complaint.

    The Eighth Circuit affirmed, agreeing with the District Court and SAKG’s arguments that KCSR was exempt from liability under Missouri’s workers’ compensation law.  As a result, all claims against KCSR remain dismissed.  Sean Hamer, Michele Sutton and Andrew Birkinsha worked together on the briefing and arguments in the District Court and the Eighth Circuit.  Nathan Blanton v. The Kansas City Southern Railway Company, Case No. 21-2345, May 10, 2022.

  7. SAKG Obtains Summary Judgment for Fintech Client

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    On July 1, 2022, SAKG obtained summary judgment for fintech client Greensky, LLC, which was recently acquired by  Goldman Sachs for a reported $2.24 billion. The plaintiff in the case alleged fraud and other claims in connection with his purchase of solar panels from A1 Solar Source, Inc. The purchase had been financed by Greensky. In granting summary judgment, the Jackson County court agreed Greensky could not be held liable for damages the plaintiff allegedly suffered at the hands of A1 Solar. Cameron Grant handled the motion for Greensky.

     

    Cameron Grant

  8. SAKG Obtains Defense Verdict in Law Enforcement Retirement Benefits Appeal

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    On May 26, 2022, the SAKG team of Kelly Murphy, Brent Coverdale, and Sarah Newton achieved a defense verdict for a local law enforcement agency after a bench trial in Jackson County Circuit Court. The plaintiff was a former police officer who challenged the decision that his disability-related retirement be considered non-duty rather than a disability caused by the performance of his job. The case involved the interpretation of state retirement statutes and the agency’s scope of review. The SAKG team successfully defeated claims that the agency failed to follow the statutory scheme and the statutory procedures for disability retirement benefits.

  9. SAKG Secures Defense Verdict in Premises Liability Case

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    On May 19, 2022, the SAKG team of Jeff Kennard, Alex McKenna, and Becca Preisendorf secured a defense verdict for our client, Hy-Vee, Inc. (“Hy-Vee”), in the Circuit Court of Clay County, Missouri.  The caption of the case is Jeff Magill, et al. v. Hy-Vee, Inc., et al., Case No. 19CY-CV09034.

    In March 2018, Magill tripped and fell while existing the Wine & Spirits Department at the Hy-Vee store in Liberty, Missouri.  Magill claimed (and Hy-Vee did not dispute) that one section of the sidewalk near the exit had heaved slightly and the edge of that section was roughly 1/2 inch higher than the adjacent section.  Magill claimed the struck the “raised edge” of the sidewalk with such force that he broke his right foot.  He then allegedly lost this balance, stumbled appropriately 7-8 feet, and drove his left shoulder into his vehicle, which was parked next to the end of the sidewalk.  Magill suffered a closed right tibial plateau fracture requiring surgery, a closed left humeral fracture requiring surgery, a closed right first metatarsal fracture, a left third finger avulsion fracture, and  broken right foot as a result of the incident.  Hy-Vee did not dispute the cause or extent of Magill’s injuries.

    Magill sought to recover his paid medical expenses (which totaled roughly $46,000), lost wages (which totaled roughly $60,000), and non-economic damages for pain and suffering.  Magill’s wife, who was also a named plaintiff, sought to recover damages for loss of consortium.

    The primary issue in the case was whether the sidewalk was reasonably safe.  To prove the sidewalk was indeed reasonably safe, SAKG presented evidence that millions of customers had walked over the “raised edge” of the sidewalk without incident and Magill is the only person who claims to have stumbled or tripped over the “raised edge.”  SAKG also presented evidence, through Magill’s cross-examination,  that he was not looking down at the sidewalk or paying attention to where he walking before he tripped and fell.

    After a three-day trial, the jury determined that neither party was at fault and returned a verdict in Hy-Vee’s favor.  The verdict form can be viewed by clicking here.

  10. SAKG Obtains Summary Judgment in Product Liability Case Against Component Part Manufacturer

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    In May 2022, SAKG obtained summary judgment and a dismissal with prejudice in a product liability case against its client, a component part manufacturer. The case was pending in the United States District Court for the Southern District of Texas. SAKG team of Scott Ast and Alex McKenna obtained summary judgment arguing that plaintiff lacked evidence to submit his claim of significant personal injury caused by the alleged malfunction of a consumer appliance to the jury. Plaintiff’s expert engineer failed to offer evidence of a defect in the component, and plaintiff’s reliance on the “Malfunction Doctrine” was misplaced and not recognized under applicable law.

     

     

     

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