Plaintiff obtains $490,000 settlement in general negligence suit

After three years, a general negligence lawsuit involving a man who was injured has settled for nearly $500,000.

Brett Votava, of Votava Nantz & Johnson in Kansas City, represented the confidential plaintiff. Votava said his client was a truck driver who was sent to retrieve a trailer in need of repairs.

When he arrived, the driver saw the trailer was connected to a fifth wheel mounted on a dolly and attempted, unsuccessfully, to unlock the wheel and release the trailer’s pin.

“However, the fifth wheel’s locking mechanism would not release the trailer king pin. The driver saw the maintenance shop on the property and approached the mechanic inside,” according to Votava. “The mechanic retrieved a pry bar, hammer and lubricant from the shop and escorted the driver back to the fifth wheel. There, the mechanic slid underneath the fifth wheel and told the driver to pull on the fifth wheel release handle while the mechanic worked on the fifth wheel locking mechanism. This attempt was unsuccessful, so the mechanic went back to the maintenance shop, retrieved a ratchet strap and returned to the trailer for another attempt.”

During this second attempt, Votava said the mechanic attached one end of the ratchet strap to the fifth wheel release handle and told the driver to pull on it while the mechanic worked on the fifth wheel locking mechanism.

“At some point while the driver was pulling the strap, the strap either broke or came loose, and the driver fell backwards onto broken concrete and a fence,” according to Votava. “The driver immediately knew he was hurt, so he returned to his employer without the trailer and went to the hospital where he was diagnosed with shoulder and neck injuries which both required surgery. Plaintiff also alleged he required future additional surgery and treatment for his neck and shoulder.”

During litigation, the mechanic claimed he had no idea who the driver was, that he had no memory of the events, and said he could not confirm or deny the events happened, Votava said.

“However, the mechanic could not explain how the driver had the mechanic’s cell phone number or how the driver had text messages with the mechanic after the fact,” he said. “The driver had also identified the mechanic’s involvement immediately after the events in an incident report. It was later discovered that the mechanic’s faulty memory may have been due to company policy that prohibited him from working on the trailer because it was not owned by the mechanic’s employer.”

Votava’s client argued the mechanic’s negligence led to his injury because in this situation, the mechanic was the expert instructing the driver on how to assist him.

The settlement was $490,000 and involved the Cherokee Insurance Company. Votava said the settlement did not differentiate between medical bills, lost wages and non-economic damages. The attorney for the defendant did not respond to a request for comment.

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Amount of verdict, judgment or settlement: $490,000

Type of action: General negligence settlement

Venue: Jackson County Circuit Court at Independence

Date: 03/25/2025

Injuries: Head, brain, neck, shoulder, arm, elbow, wrist, hand

Insurer: Cherokee Insurance

Caption: Confidential v. Confidential

Plaintiffs’ Attorneys: Brett Votava of Votava Nantz & Johnson (Kansas City, MO)

Defendants’ Attorneys: John Bordeau of Sanders Warren & Russell (Overland Park, KS)