David Kilcrease v T.W.E., L.T.D., a Kansas Corporation

 

Venue:  United States District Court for the District of Kansas at Wichita, Kansas

Docket Number: 03-1013-MLB
Type of Claim:  Premises liability

Judge: The Honorable Monte L. Belot
Defendant's Attorney: Patrick J. Murphy, Wallace, Saunders, Austin, Brown & Enochs

 

Facts:  Plaintiff fell on ice in parking lot of Liberal, Kansas motel.  Claimed hit head and suffered severe basal ganglia brain hemorrhage and brain damage.  Permanently, disabled with speech and cognitive deficits.  Damages claimed:  Past medical, $255,000; past economic loss $45,000; future economic loss and medical $1,700,000; past non economic loss $125,000; future non economic loss $125,000, total = $2,250,000.

Defense was that plaintiff suffered from longstanding preexisting hypertension.  Defendant argued that Plaintiff experienced hypertensive brain hemorrhage that caused his fall. 

 

Verdict: No fault assessed to Defendant

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