Failed stop sign yield results in seven-figure settlement

A plaintiff was awarded over a million dollars following a motor vehicle collision settlement out of Leavenworth County, Kansas, District Court.

The confidential plaintiff was awarded $1.25 million in September 2024; the settlement stems from a July 2022 motor vehicle collision that gave the plaintiff a concussion and other injuries.

The plaintiff was driving southbound on Tonganoxie Drive in Leavenworth County, heading toward the intersection of Eisenhower Road. That intersection is controlled by stop signs for traffic traveling east or west on Eisenhower Road, with no traffic control devices for traffic heading north or south on Tonganoxie Drive.

While approaching the intersection with Eisenhower Drive, the defendant, a 16-year-old, was stopped at the stop sign to head westbound. The defendant attempted to cross over Tonganoxie Drive before the plaintiff reached the intersection but given the speed of travel — 55 miles per hour on Tonganoxie Drive — the plaintiff did not have time to react and the defendant and her collided.

The collision caused the plaintiff to hit her head on her driver’s side window, resulting in a concussion. She was taken from the accident scene via ambulance. A radiology taken at the hospital was negative for an intracranial injury, and she was released to follow up with her primary care providers.

Over the next several weeks and months, the plaintiff experienced daily headaches, nausea, balance deficits, dizziness, lightheadedness, difficulty ambulating and diminished focus and construction. The crash also exacerbated underlying orthopedic injuries from a prior accident a decade before this collision.

The plaintiff’s injuries impaired her ability to work and perform daily tasks, in addition to impeding her ability to take care of her elderly mother and adult children.

A lawsuit was filed against the defendant for failing to yield, and against the defendant’s mother for negligent supervision and training. During litigation, a demand for policy limits was made and ultimately accepted.

The plaintiff’s lead attorney, Mike Meyer of Bartimus Frickleton Robertson Rader in Leawood, Kansas, could not be reached for comment.

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Motor Vehicle Collision

Amount of settlement: $1.25

Type of action: Motor vehicle collision

Venue: Leavenworth County District Court (Kansas)

Case Date: September 2024

Caption: Confidential v. Confidential

Injuries alleged: Nausea, balance deficits, dizziness, lightheadedness; difficulty ambulating; diminished focus and concentration; and increased irritability and emotionality

Plaintiff’s Attorneys: Mike Meyer of Bartimus Frickleton Robertson Rader in Leawood, Kansas, and Blake Green of BG Law in Kansas City