Recent Honors
Jim Foland, Paul Wickens and Joe Roper were recently included in Ingrams "Best Lawyers in Kansas City" section. Ingrams Magazine is the premier publication on business in the Kansas City, Missouri area.
On June 24-25, 2009 Kyle Roehler was a featured speaker at the PLRB Eastern Regional Adjusters Conference in Providence, RI. He presented on "Emerging Issues in Construction Defect Cases." He also will be presenting this topic at the associations Central Regional Conference on September 9-10, 2009. Kyle's presentation discusses three issues: 1) How courts are currently addressing the issue of coverage for construction defect claims under the standard commerical general liability policy; 2) potential liability arising from the green building trend; and 3) the proliferation of construction defect statutes.
Dave White was a featured speaker at the 2009 EEOC Technical Assistance Program Seminar (TAPS) held in Kansas City on June 4, 2009. Dave spoke on recent revisions to the laws and regulations governing the Family Medical Leave Act.
Kyle Roehler authored an article on best practices for claims professionals presented with negligent hiring claims. The article appears in the Winter 2009 edition of Claims Advisor, a national publication for the insurance industry.
Dave White has been appointed as Co-Chair for the American Bar Association's Section of LItigation Banking and Lender Liability sub-committee for 2009.
Foland, Wickens now has three lawyers named to the “Best Lawyers in America.” Jim Foland, Paul Wickens and Joe Roper are honored in the 2007 edition of the “Best Lawyers in America.” Lawyers are selected by confidential peer voting. Jim Foland was also honored for maintaining his listing for ten years. Jim, Paul and Joe were also each included in The Kansas City Business Journal’s “Best of the Bar” publication, in the litigation category.
Joe Roper has recently been inducted into the American College of Trial Lawyers. Membership in the College cannot exceed one per cent of the total lawyer population of any state. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. The firm is proud to have two Fellows of the American College of Trial Lawyers. Jim Foland was inducted in 1992.
Jim Foland, Paul Wickens, Joe Roper and Scott Hofer have each been named Kansas and Missouri “Super Lawyers” by a law and politics peer review polling to identify the top 5% of lawyers in Kansas and Missouri.
Recent Results
On October 2, 2009, Jim Foland and Amy Coopman secured a significant verdict in Wilson, et al. v. Gordman's, et al., before the Honorable Jack Grate, Jr. in Jackson County, MO. Plaintiffs claimed they were wrongfully detained and strip-searched while shopping at Gordman's. The jury returned a full defense verdict in favor of Gordman's and its asset protection employee after one hour of deliberation, finding that plaintiffs were not wrongfully detained or inappropriately touched.
On July 1, 2009, Scott Hofer and Kyle Roehler obtained summary judgment on behalf of an insurance brokerage firm in a case filed in the United States District Court for the Western District of Missouri. An insured's primary carrier asserted claims for negligence, negligent misrepresentation, contribution, and indemnity against the insurance brokerage firm. They alleged the broker failed to give an excess carrier notice of a claim after a telephone call regarding the loss from the primary carrier. The primary carrier also claimed the broker erroneously indicated there was no excess coverage for the date of loss and that it relied on the broker's erroneous representations about the exisitence of excess coverage in its handling of the claims asserted against the insured. In an eight page opinion, the court rejected all of the primary carriers claims and dismissed the insurance brokerage firm.
In January, Scott Hofer, Bob Houske and Abbigale Northcraft secured a $1,050,000 policy limits settlement on behalf of their Virginia clients in two automobile negligence cases filed in Fredrick County, Virginia.
In December, Joe Roper and Jackie Sexton successfully defended an appeal of an earlier entry of summary judgment in favor of their clients, a small Kansas business and three individuals, in a toxic exposure case involving epoxy paint inhalation. The plaintiff alleged she suffered from Multiple Chemical Sensitivity Syndrome, and claimed 2.3 million dollars in economic loss. On appeal, the Kansas Court of Appeals affirmed the decision of the District Court of Riley County, Kansas, determining that plaintiffs' experts did not have the requisite credentials or foundation to support their opinions, and thus were properly excluded from testifying. Further, the Court of Appeals found that the proffered expert testimony was not "pure opinion" testimony and the Frye test was properly applied by the district court. The Kansas Court of Appeals affirmed the district court's dismissal of the plaintiffs' case.
In October Jim Foland successfully defended a trucking company in Joyce Maskil v. Mike & Joy Transportation Case No. 0716CV28607 before the Honorable Jack Grate, Jr. in Jackson County, Mo. In this trucking accident the plaintiff claimed the defendant truck driver was negligent by entering into her lane of traffic while on his cell phone. The plaintiff claimed damages in excess of 1 million dollars. A jury returned a complete defense verdict in favor of the defendants.
In November Jim Foland again successfully defendant their client in Davine Porter v. Oram Handling Systems et al. This was a product liability case in which the plaintiff claimed that Oram Handling Systems sold his employer a defective stackable wire mesh container. The plaintiff sustained serious injuries when a stackable wire mesh container fell on him and caused him to be a paraplegic. The plaintiff failed to prove that the wire mesh container that fell on him was sold by Oram Handling Systems resulting in a complete defense verdict.
Dave White, with Rick Angell of Zupkus & Angell, P. C., serving as local counsel, successfully defended Colorado Mountain Bank in the trial of a lender liability claim in the District Court of El Paso County, Colorado, located in Colorado Springs. Zion Fountain Townhomes, LLC, sought $2.4 million in damages in its claims for breach of the covenant of good faith and fair dealing, and violation of the Equal Credit Opportunity Act against its lender, Colorado Mountain Bank, after Zion's town home project failed. On May 16, 2008, verdict was entered in favor of the Bank on all counts.
In May, Kyle Roehler successfully defended a bank by obtaining a unanimous defense verdict in the bank's favor in the District Court of Shawnee County, Kansas. The plaintiff's claims were for battery, false imprisonment, and wrongful reposession - breach of the peace arising out of a physical altercation that ensued when the bank's employees attempted to repossess an automobile. Plaintiff was seeking a substantial recovery for personal injury in addition to punitive damages and attorney's fees under the UCCC. The jury's verdict represented its belief that the bank employees did not instigate or otherwise provoke the altercation and that the bank employees acted in self-defense.
In March, Scott Hofer obtained a settlement on behalf of his clients API Outdoors and Outland Sports in an action for contribution. API manufactured a two-piece hunters safety belt. Mathew Love was wearing that belt as he hunted from an elevated tree stand. Love claimed the belt prematurely released, allowing him to fall and become paralyzed. After settling the Love claims, Scott's clients sued the seller of the buckle API used for its belt, American Cord & Webbing, seeking to recoup all or a portion of what API paid to settle the Love claims. The contribution action settled at mediation in March for a confidential amount. Mathew Love v. API Outdoors & Outland Sports v. American Cord & Webbing, Jackson County, MO Case No. 03-CV-215842.
Scott Hofer and Bob Houske obtained summary judgment for an insurance agent/broker in the case Benton House, LLC v. Cook & Younts Insurance, Inc., Jackson County, MO Case No. 0516-CV-02561. Cook & Younts brokered an insurance policy for Benton House (a residential care facility). A resident at the facility died due to alleged improper care, and the resident's family brought a wrongful death claim against Benton House. Essex Insurance Company, the carrier with whom Cook & Younts brokered the subject policy, had issued a reservation of rights, but settled the wrongful death claim. Essex then, in the name of Benton House, sued Cook & Younts to recoup what it had paid to settle the wrongful death claim. Cook & Younts asserted that Essex took on the status of a "Volunteer" when it paid to settle the wrongful death claim, cutting off its right to rely on its previously asserted policy defenses and cutting off its right to seek reimbursement of what it paid to settle the wrongful death claim. In April, the trial court's Judgment in favor of Scott's client was affirmed on appeal in The Missouri Court of Appeals, Western District Case No. WD68052
Scott Hofer obtained summary judgment for an insurance agent/broker in K.J.'s Quick Lube v. Seider's Insurance & Real Estate, Randolph County, MO Case No. 06RA-CV00186. After its worker's compensation insurance policy was cancelled, K.J.'s Quick Lube failed to reinstate that coverage or obtain replacement coverage. After an employee was injured and made a worker's compensation claim, K.J.'s sued Seider's for negligence and breach of fiduciary duty, claiming Seider's failed to take steps to reinstate or replace K.J.'s worker's compensation coverage. Scott obtained summary judgment on behalf of Seider's on the basis that Seider's owed no duty to maintain or replace K.J.'s worker's compensation coverage after the cancellation.
Jim Foland and Liam Logan partnered with another firm (Kempton & Russell) to win a $6.46 million jury verdict in a commercial dispute against a Missouri Department of Natural Resources employee on the grounds that he intentionally interfered with the business operations of an area coal mining company. The case was heard in the United States District Court for the Western District of Missouri before judge John T. Maughmer and a seven- member jury panel. Jim’s client, Alternate Fuels, Inc., was awarded $5.56 million in actual damages and $900,000 in punitive damages.
Scott Hofer and Patricia Mullins successfully defended a commercial insurance agent/broker on claims of negligence and misrepresentation in the procurement of worker’s compensation insurance for a Kansas construction company. The construction company performed a job in Florida, and was not covered for injuries to workers it hired in Florida. The case sought damages in excess of $500,000. A jury verdict was returned in favor of Foland, Wickens’ client on all claims. The case was pending in Johnson County, Kansas.
Joe Roper and Jackie Sexton obtained summary judgment in toxic exposure case involving epoxy paint inhalation. The plaintiff alleged she suffered from Multiple Chemical Sensitivity Syndrome, and claimed 2.3 million dollars in economic loss. Our defense was successful in establishing the plaintiffs’ experts did not have the requisite credentials or foundation to support their opinions, and successfully excluded them from testifying. Further, the court found no scientific basis for the plaintiffs’ claims of MCS, and dismissed the case.
Clay Crawford obtained a judgment of more than $600,000 in favor of a Kansas insurer on its claim for equitable subrogation against Certain Underwriters at Lloyd’s, London. The action arose after our client’s third party claims administrator erroneously extended coverage to a New Jersey nightclub on a negligent security claim, which fell outside of our client’s policy period. After defending the claim for more than a year, the TPA realized its error and tendered coverage to the appropriate carrier, Lloyd’s. Lloyd’s refused to accept coverage, claiming late notice. The client was forced to settle the uncovered claim and pursue Lloyd’s. We were able to overcome Lloyd’s late notice defense by demonstrating that Lloyd’s had suffered no appreciable prejudice from the alleged late notice. Our client recovered the entire amount of the settlement, plus attorney’s fees in the underlying action, prejudgment interest and costs.
