Timothy J. Wilson v Lawrence J. Kanngiesser and Joan M. Kanngiesser

Venue:  District Court, Sedgwick County, Kansas

Docket Number:  04 CV 1747
Type of Action:  Premises liability

Judge:  The Honorable Timothy G. Lahey

Defendant's Attorney:  Patrick J. Murphy, Wallace, Saunders, Austin, Brown & Enochs

Facts:  Plaintiff was invited to Defendants' home by their adult son.  The previous day there was a five inch snow storm.  The Defendant husband cleared a path through the snow on the driveway.  A downspout from the house discharged water onto the driveway.  The Defendants knew water accumulated and would freeze in the location under the downspout.  The Defendants usually treated the area with ice melt.  The Defendants knew Plaintiff was coming to their home that night.  Defendants did not treat the ice and did not warn of known ice accumulation area.  Plaintiff walked over the area of ice once without incident.  When he walked back over the area a second time, the Plaintiff slipped, fell and broke both leg bones.  A 20" rod was permanently inserted into the leg, $33,000 in medial expenses, $15,000 in past lost wages, $35,000 in pain and suffering requested of jury.  Plaintiff admitted not paying attention to where he walked.  There was evidence that Plaintiff was intoxicated at the time of the fall.  Plaintiff denied intoxication.

Verdict: Jury found Plaintiff 100% at fault

© 2005 Wallace, Saunders, Austin, Brown, and Enochs