Premises Liability
Spinal Injuries, Quadriplegia
$7,214,176 Verdict
Type of Action: Premises liability
Type of Injuries: Spinal injuries, quadriplegia
Court/Case Number/Date: Jackson County Circuit Court/CV97-5825/March 26, 1998
Caption: Saunders v. Scrivener and Stallard
ADR Attempts: None
Judge, Jury, or ADR: Judge
Name of Judge: Edith L. Messina
Special Damages Claimed: $914,416.53 past medical expense, $47,369 past lost wages
Verdict or Settlement: $7,214,176.53 verdict
Allocation of Fault: 100 percent to defendant Stallard
Last Offer: None
Last Demand: None
Attorneys for Plaintiff: Robert K. Langdon and Bradley D. Kuhlman, Lexington
Insurance Carrier: Secura
Plaintiff's Experts: Kurt V. Krueger, Prairie Village, Kan. (economist); George E. T. Lawniczak, Sun Valley, Idaho (aquatic safety); Dr. Terry Winkler, Springfield (life care plan)
Defendants' Experts: None
Facts of the Case: The plaintiff was a 30-year-old man who suffered spinal injuries and quadriplegia when he dove into a private swimming pool and struck his head on the bottom. He sued the owner of the property.
The accident happened on July 6, 1996. The plaintiff was a guest of a man who rented property owned by the defendant that included an in-ground swimming pool with a diving board. The pool had a sloping bottom that varied in depth from 3 feet to 9 feet. The plaintiff was injured when he dove from the side of the pool and struck the bottom before it dropped away into the deep end. He claimed the owner failed to provide warnings, depth markers and "no diving" signs.
The owner's insurance carrier refused coverage and did not defend the claim because an insurance agent mistakenly removed the property from the defendant's insurance policy.
The plaintiff dismissed his claim against the renter and entered into an agreement with the owner before trial to seek recovery of damages from the insurance company.
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