Sean Smith v. City of Junction City, Kansas
In this personal injury case, on March 8, 2024, the Geary County jury awarded $3,460,358 in damages to Sean Smith after they found Junction City liable for negligence and failure to warn citizens about the presence of an eight-foot deep culvert.
Case Background
Sean Smith filed a lawsuit against Junction City alleging negligence before the Geary County, Kansas, District Court. Judge Keith Collett presided over this case. [Case number: GE-2021-CV-000199]
Cause
On Christmas Eve night in 2019, Sean Smith, the Plaintiff, took a shortcut to an ATM at a nearby bank in Junction City, Kansas. However, he failed to spot a storm drainage culvert and fell into the 8-foot-deep culvert. The culvert was situated in an unlit area, just 12 feet from the sidewalk on a busy street.
Injury
Due to Junction City’s negligence, Smith fell into the culvert, resulting in injuries including damage to his right frontal lobe, three skull fractures, and a broken T11 vertebra
Damages
The Plaintiff sought judgment in his favor. He sought both non-economic and economic damages for the medical expenses incurred as a result of the fall into the culvert. The Plaintiff’s last pretrial demand was $500,000.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Sean Smith
- Counsel for Plaintiff(s): Andrew Goodwin | Matthew Johnston
- Plaintiffs’ Experts: Dr. Randall Benson | Stella Frank | Tracy Wingate | Dr. William Rogers
- Defendant(s): City of Junction City, Kansas
- Counsel for Defendant(s): Joshua Cervantes | Jay Gillen
- Defendant’s Experts: Dr. Robert Paul | Dr. Joshua Shimony | Dr. Tony Rianprakaisang
Claims
The Plaintiff’s counsel argued that the City was liable for negligence due to insufficient lighting, lack of fencing, and absence of warnings near the culvert. The City had breached the duty of care it owed to its citizens and its negligence had created a hazardous or dangerous condition leading to the Plaintiff’s injuries and damages.
Defense
Initially, the City denied that the culvert was within its right of way. When documents proved otherwise, the City claimed it had no duty to maintain the culvert. During the trial, the City argued that it needed approval from the Kansas Department of Transportation to make safety improvements to the culvert. Additionally, the City contended that Smith’s fall resulted from his intoxication, as his blood alcohol concentration was about 0.230 at the time.
Expert Testimony
The Plaintiffs’ case featured testimony from several experts. Dr. Randall Benson, a neurologist, provided insights into the neurological impact of the injuries sustained by Sean Smith. Stella Frank, a vocational rehabilitation specialist, evaluated how Smith’s injuries affected his ability to work and his future employment prospects. Tracy Wingate, a life care planner, detailed the long-term care and support Smith would need due to his injuries. Dr. William Rogers, an economist, analyzed the economic damages and financial impact of the injuries on Smith’s life.
The Defendants relied on their experts for their case. Dr. Robert Paul, a neuropsychologist, offered testimony regarding the psychological aspects of Smith’s injuries. Further, Dr. Joshua Shimony, a neuroradiologist, reviewed and interpreted Smith’s imaging studies and medical records. Dr. Tony Rianprakaisang, a toxicologist, provided expert opinion on Smith’s blood alcohol concentration and its relevance to the case.
Jury Verdict
On March 8, 2024, the Geary County jury awarded Sean Smith $3,460,358 in damages for the negligence of the City of Junction City.
- Economic damages: $2,737,813
- Noneconomic damages: $722,545
The jury also attributed 60% of the fault to the City and 40% comparative negligence to the Plaintiff.
Court Documents:
Available upon request
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