Sanchez Et Al V. Mr. Buul Corp.

Case Background

Luis Medina and the other Plaintiffs filed an auto negligence lawsuit against Mr. Buul Corp. The case was based on vicarious liability, as the motor vehicle accident was caused by the company’s employee during work hours. The lawsuit was filed in the United States District Court for Kansas (Topeka). District Judge Kathryn H. Vratil oversaw the case. [Case number: 5:23cv4012]

Cause

The Plaintiffs, citizens of Mexico, live in Topeka, Kansas, and are considered Kansas residents for legal purposes. The Defendant, Mr. Buul Corp., is a Nebraska-based for-profit corporation with its main office in that state. Abdi Buul, the company’s registered agent, can be served at 8002 Blondo St. #6, Omaha, Nebraska.

On June 29, 2022, Abdi Buul, while working for Mr. Buul Corp., drove a company-owned truck and trailer negligently. At that time, Plaintiff Dayana Sanchez had lawfully stopped her vehicle at a traffic light on Highway U075 at 150th Street. Three passengers—Joaquin Enzastiga Soto, Marco Antonio Enzastiga Medina, and Luis Medina—were in the car with her.

Buul’s negligent driving caused a collision with the Plaintiffs’ vehicle. The impact injured all the Plaintiffs. Since Buul was performing his job duties during the incident, Mr. Buul Corp. is liable for his actions. This responsibility arises under established principles of employer liability.

Damages

As a result of the Defendants’ negligence, the Plaintiffs suffered serious injuries, leading to medical expenses, lost wages, and significant pain and suffering. They also anticipate incurring additional medical costs, future lost wages, and ongoing non-economic damages, including continued pain and emotional distress.

As a result, the Plaintiffs seek a judgment exceeding $75,000. They also request coverage of legal costs and any other relief the Court finds fair and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Luis Medina | Dayana Sanchez | Joaquin Enzastiga Soto | Marco Antonio Enzastiga Medina
    • Counsel for Plaintiff(s): Arthur E. Rhodes | Richard W. James | Joseph Paul Bryden
  • Defendant(s): Mr. Buul Corp. | Abdi Buul
    • Counsel for Defendant(s): Alan L. Rupe | Byron A. Bowles, Jr. | Joy Victoria Fears

Claims

The negligence of Defendant Mr. Buul Corp. and its employee, Abdi Buul, directly caused the motor vehicle collision that injured the Plaintiffs. Mr. Buul Corp. also acted negligently by failing to properly hire, train, and supervise its employees, including Abdi Buul. This failure prevented the safe and responsible operation of vehicles, ultimately putting other motorists at risk.

Both Mr. Buul Corp. and Abdi Buul were careless in several ways. Abdi Buul followed too closely, drove inattentively, failed to maintain a proper lookout, and neglected to use ordinary care. He also failed to provide adequate warnings, take evasive actions, and maintain control of his vehicle. These actions and omissions, along with other negligent behaviors that may be identified during discovery, demonstrate a lack of care by both Abdi Buul and Mr. Buul Corp.

On October 28, 2024, Plaintiffs Dayana Sanchez, Joaquin Enzastiga Soto, and Marco Antonio Enzastiga Medina, through their legal counsel, agreed to dismiss all their claims against Defendant Mr. Buul Corp. with prejudice, in accordance with K.S.A. 60-241(a)(1)(A)(ii). However, Plaintiff Luis Medina continued to be a party in the case.

Defense

As part of its affirmative defenses, Defendant Mr. Buul Corp. argued that the Complaint failed to state a claim for which relief could be granted. It asserted that any recovery by Plaintiffs should be reduced based on comparative fault, particularly for Plaintiff Dayana Sanchez’s alleged failure to keep a proper lookout and operate her vehicle responsibly. The Defendant also claimed Plaintiffs failed to mitigate their damages.

Jury Verdict

On December 12, 2024, the jury awarded Luis Medina the following damages:

  1. Medical expenses: $82,486.73
  2. Future medical expenses: $150,000.00
  3. Non-economic damages:  $400,000.00
  4. Future non-economic loss: $500,000.00

The total damages amounted to $1,132,486.73. On the same date, a judgment consistent with the verdict was entered in this auto negligence lawsuit.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com