Intoxicated, Disabled Man Killed In Fire
$300,000 Verdict
The parents and minor daughter of Ronald Weese, 37, brought a wrongful death suit against Kansas City Power & Light Company after Weese, who was disabled and alcoholic, died in a fire. Weese never met his minor daughter.

The plaintiffs claimed Weese was sleeping in a shed when overhead electric lines ignited the shed's roof. He suffered burns to 80 percent of his body and died two days later. His blood alcohol content at the time of the fire was .28.
The plaintiffs' experts concluded that the fire was caused by the overhead lines. The jury returned a unanimous verdict for plaintiffs and awarded $300,000 in damages.

Type of Action: Negligence
Type of Injuries: Death
Court/Case Number/Date: Jackson County Circuit Court/00-CV-209886/June 2001
Caption: Weese, et al. v. Kansas City Power & Light Company
Judge, Jury or ADR: Jury
Name of Judge: Edith Messina
Verdict or Settlement: $300,000 verdict
Allocation of Fault: 100 percent to defendant
Last Offer: $50,000
Last Demand: $200,000
Attorney for Plaintiff: James H. Bell
Insurance Carrier: Self Insured
Plaintiff’s Experts: Gary Dull, Kansas City (fire investigator); Don Emerson, Kansas City (fire investigator), Charles Jacobs, Merriam, Kan. (forensic investigator); Dr. Richard Korentager, Kansas City (burn center)
Defendant’s Experts : None

Driver Claimed Lack Of Signs Caused Crash
$143,000 Arbitration Award
Mary Bobbitt, 19, sued the Missouri Highway & Transportation Commission for injuries she suffered in a one-car accident in August 2000 at a three-way intersection.

Bobbitt, who was unfamiliar with the area, was driving west on Highway 150 in Jackson County when she approached the light-controlled intersection around midnight. The two traffic lights for westbound traffic were both left green arrows. There was supposed to be a yellow-and-black double arrow sign directing westbound traffic to turn either north on Holmes Road or south on D Highway. The sign had been knocked down three weeks earlier, and since that time there had been two accidents like Bobbitt’s crash where the driver was traveling westbound at night and continued straight through the intersection into a rock filled ravine.

Bobbitt was able to get out of the car but her sister was not, and she had to summon help from passing motorists. Both women were taken by ambulance to the hospital where they stayed for nine days. Bobbitt was diagnosed with a Closed head injury, multiple facial lacerations, abdominal contusion with liver laceration, and possible left navicular fracture and lip laceration. Her back and neck still bother her.

Bobbit claimed the highway department was negligent in creating and maintaining a deceptive intersection and for failing to re-erect the double arrow sign in a timely manner. She said the intersection still gave the appearance of a four-way intersection, which it had been before being modified. The plaintiff’s attorney demanded arbitration under §226.095, which compelled the defendant to enter into binding arbitration.

The plaintiff’s sister made a claim against the insurance company, which was settled without filing suit. The award of $220,000 was reduced to $143,000 due to comparative fault.

Type Of Action: Automobile Accident
Type of Injuries: Closed head injury, multiple facial lacerations, abdominal contusion with liver laceration, possible left navicular fracture and lip laceration
Court/Case Number/Date: Jackson County Circuit Court/00V225511/September 2001
Caption: Bobbitt v. Missouri Highway & Transportation Commission
Judge, Jury or ADR: Arbitration
Name of Judge: John Moran
Verdict or Settlement: $143,000 arbitration award
Special Damages: $30,435 medical expense; $300 lost wages
Allocation of Fault: 65 percent to defendant; 35 percent to plaintiff
Last Offer: $40,000
Last Demand: $150,000
Attorney for Plaintiff: James H. Bell, Kansas City
Insurance Carrier: Self-insured
Plaintiff's Experts: Dr. Douglas Rope, Leawood, Kan. (internal medicine, disability evaluation)
Defendant's Experts : Tom Evans, Kansas City (road sign engineer)

Settlement for hip injuries.
-Barbara Rainey, et al v. Chris Clark, et al.
James H. Bell (Kansas City) for plaintiffs. The decedent was an 87-year-old resident in defendants' nursing home. Decedent suffered from Alzheimer's and had a history of falls. He was classified as a fall risk and totally dependent on the staff for transfer and walking. The decedent fell in the dining hall when he stood up unassisted from his chair. He suffered a fractured hip and underwent surgical repair. Following surgery, he developed pneumonia and renal failure and died 12 days after his fall. Medical: approximately $34,000. Amco Insurance Co.

Settlement: $105,000. April 24, 2001

Contact Lawyer James H. Bell

From offices in Kansas City, Missouri, attorney James H. Bell represents clients in the Missouri communities of Lee’s Summit, Blue Springs, Independence, Raytown, Liberty, Grandview, Belton, Platte City, St Joseph, Harrisonville, Jackson County, Cass County, Clay County, and Platte County, MO. In Kansas, he represents residents of Kansas City, Overland Park, Lenexa, Olathe, Shawnee, Lawrence, Leavenworth, Wyandotte County, Johnson County, and Leavenworth County, KS.