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Paul F. Gordon has been chosen to serve as DRI Young Lawyers Committee’s Vice Liaison to the Products Liability Committee.

Steven F. Coronado and Merry M. (Maggie) Tucker successfully defended an electrocution claim during a seven-day jury trial. Plaintiffs husband and wife brought suit against a local municipal utility in the Circuit Court of Jackson County, Missouri claiming the utility was negligent in causing a fault resulting in the electrocution of plaintiff wife.

The fault occurred when two conductors came into contact as the utility was lifting a pole which had fallen. At the time, plaintiff wife was purportedly talking on the telephone inside the residence. Plaintiffs claimed the fault lead to excess electricity entering the home, specifically the telephone lines, whereby plaintiff wife received the electrical shock. Plaintiffs called four experts, including an electrical engineer, a biomedical engineer, a neuropsychologist and a neurologist, to testify defendant was negligent in causing the fault and, as a result, plaintiff wife sustained an electrical shock causing severe, ongoing, progressive and permanent physical injuries, as well as cognitive losses. The defense countered it was impossible for plaintiff wife to have received an electrical shock through her telephone. Plaintiffs suggested to the jury a verdict in the amount of $4 million would be appropriate. The jury found for the defense.

Mark D. Katz, Paul F. Gordon and Steven F. Coronado teamed up to successfully defend a fire claim during a five-day jury trial. The plaintiff brought suit against a kitchen design studio and kitchen designer in the U.S. District Court, District of Kansas, claiming their kitchen design was defective and caused a fire. Steve was originally slated as lead counsel and took all of the major depositions; however, Mark was brought in as first chair because another trial created a scheduling conflict for Steve. This case involved a fire that occurred in a kitchen and laundry area of a residence. Our clients had designed the kitchen and laundry area. The design featured expensive cabinets in the kitchen and laundry area and used low-voltage, under-cabinet, halogen puck lights for task lighting on the countertops. One evening, the plaintiff stacked laundry and some balled-up sheets beneath the cabinets while the halogen lights were turned off and went out for the evening. Later, the plaintiff’s sister went out to eat, turning on the under-cabinet lights as she left. The heat from the hot, halogen lights ignited the laundry, causing extensive damage throughout the home. The plaintiff claimed damage to her home, loss of personal property and consequential damages in excess of $1 million. The plaintiff submitted three theories against our clients: professional negligence, failure to warn and breach of implied warranty of fitness for a particular purpose. The plaintiff called two experts, a fire investigator and an electrical engineer with expertise in lighting design, to testify that the use of halogen lights in the kitchen and laundry area was improper and the warnings were inadequate. We countered that the kitchen and laundry design was well within the professional standard of care for kitchen designers, and that the clothing was stacked so close to the lights that no warning was necessary. The jury found for the defense.

Wayne Taff has been appointed Chair, DRI Advisory Group, DRI Europe. Wayne has been very active in the Defense Research Institute (DRI), serving as Secretary Treasurer, Director, Chair of the Products Liability Committee, Chair of the Expert Witness Committee, and Chair of the Law Institute, with responsibility for all educational programs presented by DRI. Wayne recently completed service as Chair Emeritus of DRI's Law Institute in which capacity he was responsible for all international educational programming. Wayne was formerly the Vice-Chair of DRI Europe. He is also a member of the International Association of Defense Counsel and the Missouri Organization of Defense Lawyers. Check the following website for more information about Wayne and his DRI involvement.

Larry Nordling recently published an article in the Spring 2010 Issue of the KADC Kansas Defense Journal, titled What You Didn't Want (But Have) To Know About Your Duties Regarding ESI: Zubulake Revisited – Six Years Later. Larry's article analyzed the 2010 opinion in Montreal Pension v. Banc of America, and the duties of counsel to monitor the preservation, collection and production of electronically stored information.

Steven F. Coronado and Paul F. Gordon obtained a defense verdict in a wrongful death case in the Circuit Court of Jackson County, Missouri following a five-day jury trial. The plaintiff sought damages ranging from $3 million to $3.5 million. This case involved the death of a member of a church congregation. Steve and Paul represented the church. The decedent attempted to enter a multi-purpose room/gymnasium through locked exit doors in order to take his teenage daughter home following church services. The decedent's daughter, along with some other teenagers, had gathered in the room to socialize. After the decedent knocked on the door, a teenager in the room kicked open the door in order to admit the decedent. The door allegedly struck the decedent, causing him to fall and sustain a subdural hematoma, which caused his death. The plaintiff submitted claims on two theories against the church. The first claim was for negligent supervision of the teenager who kicked the door. The second claim alleged the church negligently allowed the exit doors to be used as entrance doors.

Jack Bangert recently spoke at the Missouri Judicial Trial College for a program entitled, “Developing Advanced Judicial Trial Skills in Complex Litigation Cases”. The two day program was held April 28th and 29th at Lake Ozark, Missouri.

Steven Coronado and Maggie Tucker won summary judgment for their client, a local municipality, on a claim brought by an individual who claimed injuries from allegedly stepping on an unsecured water meter lid. The plaintiff claimed the defendant was negligent in failing to secure the lid after the water meter was read. The plaintiff attempted to establish a claim under the dangerous condition exception to the rule of sovereign immunity. Steve and Maggie showed the court that there was no evidence their client had the required exclusive control and possession of the property, as required by Missouri law.

Mark Katz spoke at DRI's annual Product Liability Seminar in Las Vegas in April. He delivered his paper entitled, “Is the Foreign Supplier All In?-Service and Personal Jurisdiction in a Global Economy” to the Consumer Goods & Office Equipment specialized litigation group.

The Kansas Association of Defense Counsel recently elected Mark Katz to serve on its board of directors for a two-year term.

Mark Katz and Larry Nordling recently combined to publish a two-part article for the Kansas Association of Defense Counsel quarterly newsletter. Inspired by the Kansas Supreme Court decision in Dodge City Implement, Inc. v. Board of County Commissioners, the article delves into the challenging concepts surrounding settlements, the one-action rule and Kansas' several liability rule.