Jury sides with defense in minor fender bender

A low-speed accident with two drivers stopped at a traffic signal has resulted in a defense verdict.

“He leaned over to pick an object up off the passenger floor,” said attorney Adam Walker of Boggs Avellino Lach & Boggs which defended motorist Michael McGowan. “His foot came off the brake and his vehicle rolled into the rear end of the plaintiff’s vehicle.”

Within hours, that vehicle’s occupants, Nicholas and Lyndsay Whaley called an ambulance and went to the emergency room with complaints of neck issues.

Walker said X-rays showed no sign of fractures. However, the pair did seek chiropractic treatment over the ensuing weeks.

The defense acknowledged the collision but contended it was only a minor impact at less than 5 m.p.h.

“During the trial, we presented evidence of the rear end of the plaintiff’s vehicle that showed the quarter or half-dollar-sized crack in their bumper,” he said noting how it proved how little damage existed. “I think that was very influential. A picture speaks a thousand words.”

Walker said that the plaintiff did not introduce medical bills into evidence though they did include testimony from a chiropractor.

Walker did not use any experts in the trial.

Jackson County jurors eventually returned a verdict for the defense.

Zachary Poole of ZDP Law, Christopher Dandurand of Gorny Dandurand and Paul Anderson of Popham Law were listed as representing the plaintiff in the case. Anderson deferred to Poole. Neither Poole nor Dandurand returned a message asking for comment on the case.

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Defense verdict

Motor vehicle collision

Venue: Jackson County Circuit Court

Case Number/Date: 2416-CV19340/Oct. 1, 2025

Judge: James Kanatzar

Plaintiffs’ Experts: Dr. Jason Moss, Lee’s Summit, (chiropractic)

Injuries: Alleged soft tissue injuries to neck and back. Plaintiffs voluntarily dismissed claim for economic damages and medical bills were not introduced into evidence.

Special Damages: Pain and suffering

Last Pretrial Demand: $25,000 each

Last Pretrial Offer: $6,600 each

Caption: Lyndsay Whaley; Nicholas Whaley v. Michael McGowan

Plaintiffs’ Attorneys: Zachary D. Poole, ZDP Law, LLC, (Kansas City), Christopher Dandurand, Gorny Dandurand, (Kansas City); Paul Anderson, Popham Law, (Kansas City)

Defendants’ Attorneys: Adam Walker and Michael Lach, Boggs Avellino Lach & Boggs, (St. Louis)