Category Archive: Results

  1. 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

  2. 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.

  3. 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.

  4. 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.

     

     

     

  5. SAKG Donates to Cornerstones of Care

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    During the month of May, the SAKG staff participated in a donation drive in which gently used clothing, jewelry, and household items were collected and donated to benefit Cornerstones of Care.

    Cornerstones is a non-profit organization reaching throughout Missouri and Kansas which provides prevention, treatment, and support services to children and families in an effort to keep children safe, families strong and communities healthy.

    Read more about Cornerstones of Care and their mission here.

  6. Scharnhorst and Altieri obtain summary judgment in wrongful death lawsuit

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    Todd Scharnhorst and Collin Altieri obtained summary judgment for hospital, nurse practitioner, and nurse clients in a wrongful death lawsuit filed in Shawnee County, Kansas.  The case involved complications following a laparoscopic Roux-en-Y gastric bypass surgery.  The patient died one week post-operatively.  Through extensive fact and expert witness discovery, Todd and Collin were able to establish that the plaintiff—the patient’s husband—could not prove the care provided by their clients caused or contributed to cause the death of the patient.  The Court agreed and granted summary judgment in their favor.

     

  7. Cameron Grant Authors KBA Journal Article Regarding Constitutionality of Kansas’ Damages Cap Following Hillburn

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    The Kansas Bar Association Journal’s March/April 2022 issue features an article by Cameron Grant explaining why Kansas’ cap on noneconomic damages in wrongful death actions (KSA § 60-1903) remains constitutional, notwithstanding the Kansas Supreme Court’s 2019 decision in Hilburn that a virtually identical cap on damages in personal injury actions is unconstitutional. Grant’s article explains that a Kansan’s “inviolable” right to a jury trial extends only to those causes of action that existed at common law when Kansas’ Constitution was enacted in 1861. A wrongful death action is purely a creature of statute that did not exist under Kansas common law; therefore, Kansas’ cap on damages in wrongful death actions remains constitutional following Hilburn.

    Read the entire article at the link below.

    Purely a Creature of State – Why Kansas’ Cap on Noneconomic Damages in Wrongful Death Actions Remains Constitutional Following Hilburn

    Cameron Grant

  8. Cameron Grant Promoted to Partner

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    SAKG is pleased to announce that Cameron Grant has been promoted to partner effective January 1, 2022. Cameron focuses his practice in the area of business and commercial litigation.

    Cameron Grant

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