Jury awards over $1 million to chuck wagon cook after fall

A Buchanan County jury awarded $1.052 million to David Burns, a chuck wagon cook hired for a Boy Scouts of America 100th anniversary celebration at Camp Geiger, after he fell and fractured his head.

After the fall, Burns had a number of injuries, most significant of which were fractures and contusions to his head. The fall happened when Burns was walking to an area within the camp to watch fireworks.

Mark J. Evans, an attorney with Bley & Evans in Columbia, and who represented Burns, said the accident was caused by a poorly located and lighted retaining wall near the steps of a deck where Burns intended to watch the fireworks.

Evans said that Burns walked across a gravel parking lot toward a small building that had four steps leading up to a deck. However, about four feet in front of the steps is a low retaining wall that rises about six inches above the ground it retains.

“There was a light on the deck that had been turned off, and Mr. Burns approached an opening that led toward the deck, keeping his eyes on the steps ahead. Then, he tripped over the retaining wall that was just a few feet in front of the steps and hit his head on those steps,” said Evans.

Evans said Burns fell approximately three feet. Burns had a Type II Odontoid fracture, a type of cervical spine fracture, which required two surgeries – an anterior fusion, which did not heal properly, and a posterior surgery, requiring five screws and a neck cable.

“Prior to the injury, Mr. Burns worked as a ranch manager and farmer,” Evans said. “Now, he’s limited to part-time work.”

Brad Hansmann of Brown & James in St. Louis, and who represented the Pony Express Council of the Boy Scouts of America, did not return calls seeking comment.

Evans said while his side made a demand of $500,000, that no offers were ever made by the defense.

During the trial, one expert for the plaintiff, architect Bruce Moore, testified that in light of the deck being intended for public use, that minimum industry standards call for a motion-detecting light and a rail along the top of the retaining wall.

Experts for the defense, including engineer Laurence Fehner, testified that since Andrew County, where Camp Geiger is located, has no adopted code, there was no code violation. Additionally, he said, even if the code did apply, the wall was safe and consistent with common construction practices.

The jury returned a unanimous verdict after deliberating for two hours.

$1,052,428 verdict

Type of Action: Premises liability

Venue: Buchanan County Circuit Court

Case Number/Date: 13BU-CV00001/Oct. 10, 2013

Judge: Daniel F. Kellogg

Plaintiff’s Experts: Bruce Moore, Springfield (architecture); Dr. Steve Simon, Kansas City (medical rehabilitation and pain management); Dr. Darren Lovick, Kanas City, Kan. (neurosurgery); Wilbur Swearingin, Springfield (vocational); John Ward, Kansas City (economic damages)

Defendant’s Experts: Laurence Fehner, Kansas City (engineering); James England, St. Louis (vocational)

Allocation of Fault: Defendant – 85 percent, plaintiff 15 percent

Special Damages: $205,000 in past medical bills; $260,000 in future medical bills; and $230,000 to $310,000 in lost earnings capability

Last Pretrial Demand: $500,000

Last Pretrial Offer: $0

Caption: David Burns v. The Pony Express Council of the Boy Scouts of America

Plaintiff’s Attorneys: Mark J. Evans and Wally H. Bley, Bley & Evans, Columbia

Defendant’s Attorneys: Brad Hansmann, Brown & James, St. Louis