Verdict for plaintiff(s) – Page 2 – Missouri Lawyers Media

Grow facility liable after contractor injured by marijuana dust

A $2.55 million verdict was reached for the plaintiffs in a premises liability suit filed in St. Louis City Circuit Court.

$2.5 million was awarded to plaintiff Mark Avent, and $500,000 was awarded to his wife, Lisa Avent, for health issues that were incurred after inhaling marijuana dust.

The plaintiffs were represented by William Meehan of the Meehan Law Firm in St. Louis. The defendant, Blue Arrow Missouri, was represented by David Simmons of UBGreensfelder in St. Louis. The suit was filed in December 2022, and the verdict was reached Nov. 20, 2025.

Mark Avent was working as an independent contractor for the defendant’s marijuana grow facility. According to the suit, the defendant’s employee negligently released marijuana dust into the lab air space where the plaintiff was working. The plaintiff subsequently suffered pulmonary distress, which triggered an NSTEM heart attack. He requires future medical care for atrial fibrillation, and developed PTSD after the event, never returning to work.

Blue Arrow was found 85 percent at fault, while Avent was found 15 percent at fault.

The plaintiffs’ side had two experts: Dr. Stephen Schuman, a cardiologist; and vocational specialist Jim Israel. The defense also had two experts testify: Dr. Zia Ahmad, a cardiologist; and vocational rehabilitation expert Ed Steffan.

There was one pretrial demand for $3.2 million.

“Both the clients and I were very, very gratified by the verdict. The jury was with us the whole way and realized this was a serious injury,” Meehan said. “They were very accurate in their assessment of the damages.”

Counsel for the defense could not be reached for comment.

Premises Liability

Total value: $2.55 million

Breakdown and distribution of Total Value: $2.5 million for plaintiff Mark Avent and $500,000 for plaintiff Lisa Avent

Type of action: Premises Liability

Venue: St. Louis City Circuit Court

Case Number/Date: 2222-CC10104, 11/20/2025

Caption: Mark and Lisa Avent v. Blue Arrow of Missouri LLC

Injuries alleged: Other

Injuries Detail: Plaintiff suffered a NSTEM myocardial infarct as a result of severe pulmonary arrest; developed atrial fibrillation after attack; suffered from severe PTSD

Special Damages: Loss wages, hospital bills, future medical care; actual bills were entered into evidence

Pretrial Demand: $3.2 million

Plaintiff Attorney(s): William Meehan of the Meehan Law Firm in St. Louis

Defendant Attorney(s): David Simmons of UBGreensfelder in St. Louis

Plaintiff Expert(s): Dr. Stephen Schuman, a cardiologist; and vocational specialist Jim Israel

Defendant Expert(s): Cardiologist Dr. Zia Ahmad and vocational rehabilitation expert Ed Steffan

Insurance Carrier(s): None, coverage was denied

Clay County jury rules in mixed liability fryer burn case

A jury partially sided with the plaintiff in a personal injury case involving negligence in the workplace.

A $100,000 verdict was reached by a Clay County Circuit Court jury Nov. 5. The jury found the plaintiff 75 percent at fault. The verdict stems from a lawsuit filed by the plaintiff, Bryan Stotts, for the severe burns he suffered when hot oil spilled on him from a fryer at a Qdoba restaurant.

The plaintiff initially requested $800,000 from the jury for the injuries that occurred when a fryer that was missing a rear wheel and propped up by a pan unseen by Stotts tipped and spilled hot oil on him. Stotts was working for the Waldinger Corporation, who had been hired by defendant No. 1 Repair and Maintenance to perform service work at the Qdoba restaurant.

The plaintiff also claimed that one of the defendant’s cooks bumped into the fryer, causing it to come off the pan and spill the oil. The defendant alleged Stotts failed to check the oil temperature before working. He ultimately suffered second and third degree burns to his left arm and torso, resulting in reduced grip strength, range of motion, heat sensitivity and discomfort.

Stotts was represented by lead attorney Douglass F. Noland of the Noland Law Firm in Kansas City, along with Kate E. Noland. The defendants were represented by Corey L. Kraushaar, along with James Smart, of Brown & James in St. Louis. The case was tried before Judge Timothy Flook.

Stotts initially requested $800,000 from the jury. The jury returned a verdict for Qdoba on the negligence claim, and a plaintiff verdict for $400,000 on the premises liability claim before fault. It resulted in a net verdict of $100,00 before set-off from defendant No. 1 Repair’s settlement with the plaintiff.

Counsel had no additional comments.

Negligence and premises liability

Amount of verdict: $100,000

Allocation of fault: 75 percent against the plaintiff

Breakdown and distribution of total value: Plaintiff requested $800,000 from the jury. Jury verdict for defendant on the negligence claim. Jury verdict for plaintiff in the amount of $400,000 on the premises liability claim before fault. Net verdict of $100,000 before set-off from co-defendant settlement with plaintiff

Type of action: Negligence and premises liability

Venue: Clay County Circuit Court

Case Number/Date: 23CY-CV10855, 11/05/2025

Caption: Bryan K Stotts v. Qdoba Restaurant Corp. d/b/a Qdoba Mexican Eats, and Number 1 Repair and Maintenance, LLC

Injuries alleged: Dermatological (burns, cuts, other external)

Injuries detail: Second and third degree burns to plaintiff’s left arm and torso, reduced grip strength and range of motion, sensitivity to heat, discomfort

Last pretrial demand: $250,000

Last pretrial offer: $60,000

Plaintiff’s attorneys: Douglass F. Noland and Kate E. Noland of the Noland Law Firm in Kansas City

Defendant’s attorneys: Corey L. Kraushaar and James Smart of Brown & James in St. Louis

Plaintiff expert(s): Dr. Daniel D. Zimmerman, a physician in Westwood, Kansas

Plaintiff attorney wins multimillion-dollar verdict for wife of man who died of cancer after working on railroad

A plaintiff’s attorney representing the widow of a railroad worker who died after a 38-year career with Norfolk Southern obtained a seven-figure verdict in a FELA action saying his death was partially caused by the company.

Over his decades working for the company, Randall Redford was exposed to substances that contributed to his Acute Myeloid Leukemia, according to the attorney for his estate, Chris Schnieders of Napoli Shkolnik in Overland Park, Kansas.

Redford was a maintenance of way worker who was frequently working around diesel exhaust, which is a carcinogen.

Schnieders sued Norfolk Southern under the FELA statute on behalf of Redford’s estate managed by his wife, Angela Redford. This statute aims to hold railway companies accountable for negligence leading to worker injuries.

“In this instance, it was a situation where we needed to show that the company wasn’t providing adequate protections for these types of exposures that (Redford) was receiving,” Schnieders said. “There was a lot of discussion and testimony related to respirators and the fact that they were trained on respirators, but they were never actually provided the respirators during the time when they (were) working with diesel exhaust and some of these other aspects.”

Also at issue were a number of conflicting statements from the railway company to workers, he said. As literature and studies began to come out showing that the exhausts and fumes were carcinogenic, the company was telling its employees a different story.

“They weren’t giving them all the information, and you’re talking about a group that is getting most of their information, if not all their information, from the employer and trusts them implicitly,” Schnieders said. “So, it was a situation where we had showed that the company had knowledge of these of these carcinogens and we’re not taking adequate precautions to protect their workers from it like (Randall Redford).”

The jury allocated 48 percent of fault to Norfolk Southern and 52 percent to Redford on account of his 40-year one to two pack a day smoking habit.

Ultimately, Redford’s wife was awarded $10,000,000 for pain and suffering; $10,000,000 for mental anguish and $1,800,000 for medical bills.

Amount of verdict, judgment or settlement: $21,800,000

Type of action: Personal Injury

Allocation of Fault: 48 percent Defendant Norfolk Southern, 52 percent Plaintiff

Breakdown: $10,000,000 Pain and Suffering; $10,000,000 Mental Anguish; $1,800,000 medical bills

Venue: Virginia state court

Case Number/Date: CL22011540-00/10/09/2025

Judge: Terry I. Adelman

Injuries: Acute Myeloids Leukemia and associated pain/suffering and mental anguish along with medical bills

Last Pretrial Demand: $1,000,000

Last Pretrial Offer: $4,000

Caption: Angela Redford v. Norfolk Southern Railway Company

Hospital housekeeper wins sexual assault case

A $5 million verdict was reached for the plaintiff in a sexual assault case out of St. Louis County Circuit Court.

The verdict was handed down by the jury Nov. 7. The plaintiff, Rosemarie Stephens, was a housekeeper at DePaul Hospital, which was managed by defendant Sodexo Operations.

On June 3, 2019, Stephens was deployed to the Adult Behavioral Health Unit without training or warnings related to the potential for patient attacks. Her first day in the unit, a patient attacked and attempted to rape her, injuring her neck and shoulder in the process. She suffered two herniated discs in her cervical spine, as well as psychological injuries including reoccurring nightmares.

Stephens was represented by lead attorney Ryan J. Krupp and co-counsel James P. Krupp, both of Krupp & Raboin in St. Louis. Sodexo was represented by lead attorney David Boresi, along with Brad Sylwester and Daniele Winkle, of Franke Schultz & Mullen in St. Louis.

At trial, the plaintiff’s side brought in one expert, Dr. Alexander Rose, a forensic psychiatrist with Veritas Forensic Psychiatry in St. Louis. The defense team also had one expert, Dr. Angeline Stanislaus, a forensic psychiatrist in St. Louis.

The plaintiff made a last pre-trial demand for $5 million, which was withdrawn before trial. Sodexo made no settlement offers prior to trial.

“It takes a lot of bravery for someone to go through what they went through … and bring that before a jury … especially in light of the zero offer she faced,” said Krupp. “It’s one thing when you’re pressed with a situation where you think there’s a way to resolve it … but in a case where the defendant claims no wrongdoing … (it) showed a lot of bravery from her, and an example of real, true justice from a jury of peers.”

Boresi could not be reached for comment.

Other Personal Injury

Amount of verdict (for plaintiff): $5 million

Type of action: Other Personal Injury

Venue: St. Louis County Circuit Court

Case Number/Date: 24SL-CC02490, 11/07/2025

Caption: Rosemarie Stephens v. Sodexo Operations LLC

Injuries alleged: Back, spine, emotional, psychological

Injuries detail: Plaintiff was sexually assaulted by a psychiatric patient at the Behavioral Health Unit of DePaul Hospital. She suffered two herniated discs in her cervical spine and psychological injuries which included reoccurring nightmares.

Last pretrial demand: $5 million

Last demand detail: Policy limit demand

Plaintiff’s attorneys: Ryan J. Krupp and James P. Krupp of Krupp & Raboin in St. Loui

Defendant’s attorneys: David Boresi, Brad Sylwester and Daniele Winkle of Franke Schultz & Mullen in St. Louis

Insurance Carrier(s): SSM Health Care St. Louis and AXA XL Insurance (for defendant)

Plaintiff expert(s): Dr. Alexander Rose, a forensic psychiatrist with Veritas Forensic Psychiatry in St. Louis

Defense expert(s): Dr. Angeline Stanislaus, a forensic psychiatrist in St. Louis

Jury sides with federal contractor in age discrimination suit

A 20-year federal contractor who was fired from her job at an Independence document storage facility in 2023 will receive nearly $600,000 in damages and lost wages after a federal jury sided with the 58-year-old woman in an age discrimination complaint.

Independence resident Jeanette Scott, 57, initially sued Ahtna Engineering Services, LLC, and Advancia Technologies, LLC, in state court before the suit was refiled in the U.S. District Court for the Western District of Missouri, with Ahtna Engineering removed as a defendant before the October 2025 trial.

The jury sided with Scott on the age discrimination count, a violation of the Missouri Human Rights Act, but with the remaining defendant on a Family and Medical Leave Act claim.

Scott was awarded $80,000 in lost wages; $20,000 in emotional distress and $80,000 in punitive damages by the jury, with Judge Stephen Bough subsequently determining that she was entitled to an additional $94,545.36 in front pay, $15,910.56 in pre-judgment interest and $311,495.77 in attorneys’ fees and costs.

Lead plaintiff’s attorney Robert Bruce said his client lost her job as an assistant supervisor assigned to work on behalf of the Social Security Administration at the underground “Space Center” at 1500 Geospace Drive as part of a coordinated effort to fire several older managerial employees.

“The decision was made by a team, and though it looks like a sound process, that was only skin-deep,” he said. “The criteria were changed after all the data had been collected, the interviews were half-conducted without any rubric or metric to grade the interviewee, and the decision-makers could agree on how the criteria were used to decide that the oldest employees were not retained.”

“Each decision-maker was asked to explain to Jeanette Scott, who was sitting in the courtroom, why it was her who was selected over all others,” Bruce continued. “None of them had a very compelling answer, and they had different answers. The jury just didn’t buy that.”

Additionally, he said, “there were layoffs at three levels of management, all made by the same decisionmakers. At each level, the oldest employee in each category was selected for non-retention.”

Attorneys for defendant Advancia Technologies did not respond to interview requests.

$585,785 jury verdict for plaintiff

Employment (age discrimination)

Breakdown and distribution of total value: $80,000 in lost wages; $20,000 in emotional distress; $80,000 in punitive damages; $94,545.36 in front pay; $15,910.56 in pre-judgment interest; $311,495.77 in attorneys’ fees and costs
Case Number/Date: 4:24-cv-00541-SRB/Oct. 8, 2025
Court: U.S. District Court for the Western District of Missouri

Judge: U.S. District Judge Stephen Bough

Caption: Jeanette Scott v. Advancia Technologies, LLC
Plaintiff’s attorneys: Robert Bruce (lead),Daniel Doyle and Brittany Ussery; Doyle & Bruce, Kansas City, Kansas

Defendant’s attorneys: Rebecca Yocum (lead) and Jackson Hobbs, Lathrop GPM, Kansas City

Jury finds Valvoline liable in St. Louis MMPA case

A plaintiff verdict was reached in a Missouri Merchandising Practices Act Claim in St. Louis City Circuit Court.

The jury sided with plaintiff Justin Wojtowicz, awarding him $5,465.07 in his consumer protection suit against Valvoline. The verdict was reached Aug. 26 and was tried before Judge Madeline Connolly. In a separate award from the judge, the plaintiff was also awarded $27,966 in attorneys’ fees, and $5,084.42 in litigation expenses.

The plaintiff alleged Valvoline concealed damage they caused to the plaintiff’s vehicle’s rear differential when performing a fluid change. The plaintiff claimed he required a new rear differential and part of his request included attorneys’ fees.

The plaintiff was represented by lead attorney Bryan E. Brody, along with Alex Cornwell, of Brody & Cornwell in St. Louis. The defendant was represented by lead attorney Corey L. Kraushaar and co-counsel Jill Mcdeldowney of Brown & James in St. Louis.

The plaintiff’s team had one expert at trial, Steven S. Paul with TDT Vehicle Inspection Services in Carlyle, Illinois.

“We’re pleased the jury awarded the plaintiff the money he asked for,” said Brody.

Kraushaar did not have additional comment.

Consumer Protection

Amount of verdict: $5,465.07

Type of action: Consumer Protection

Venue: St. Louis City Circuit Court

Case Number/Date: 2322-CC06904, 08/26/2025

Caption: Justin Wojtowicz v. Valvoline LLC

Injuries alleged: Business, commercial, economic

Plaintiff’s attorneys: Bryan E. Brody and Alex Cornwell of Brody & Cornwell in St. Louis

Defendant’s attorneys: Corey L. Kraushaar and Jill Mcdeldowney of Brown & James in St. Louis

Plaintiff expert(s): Steven S. Paul with TDT Vehicle Inspection Services in Carlyle, Illinois

‘Old-timers’ purge costs Missouri DOC $3 million in age discrimination case

A 61-year-old budgetary director will take home a $3 million award against the Missouri Department of Corrections after a jury found the agency’s new leadership discriminated against him based on age.

“He had outstanding evaluations until they came into office,” said Julianne Germinder of TGH Litigation which represented the plaintiff. “The idea that he was a bad employee was hard to sell.”

According to the filed suit, Joseph Eddy had spent more than two decades with the department when its director began pressuring him to retire and accept a part-time position in mid-2018, noting that she had already selected his successor. He was allegedly terminated after refusing.

Eddy’s younger replacement received a nearly $10,000 raise above his predecessor’s salary, said the petition.

Germinder said the department’s new director had made an effort to sideline or eliminate longtime workers and presented it as an attempt to change the culture. She indicated that the word “old-timers” appeared in a deposition in the matter in reference to veteran employees.

“I think part of what she did was get rid of the people who’d been there a while as older employees automatically without figuring out whether they were really giving good service to the department,” she said. “She had a bias against them just because of their age.”

Germinder said that the plaintiff presented other older employees at trial who felt there was a bias against them. She said that the director presented her efforts as part of an attempt to change the culture at the department.

“They claimed that they weren’t firing him,” she said. “They were eliminating his position as budget director.”

Germinder said a new director of budget and finance role was created, a move that plaintiff’s co-counsel Roger G. Brown of Roger G. Brown & Associates said was not an uncommon move by employers looking for a pretext to dismiss a worker.

“There was no difference in the duties,” he said.

He said he felt that his client’s history with the organization served as the basis for the jury’s reasoning.

“I think there was substantial evidence to establish what an outstanding long-term employee Joe was,” Brown noted. “He had great evaluations. There was very little criticism of him for his very lengthy career.”

Jurors ultimately found $1 million in damages, including $600,000 in emotional distress. An additional $2 million was tacked on for punitive damages.

Despite an initial email response, the state Attorney General’s Office, which defended the case, did not reply by press time to a follow-up requesting comment for this story.

$3 million judgement for plaintiff

Employment discrimination

Breakdown: $2 million for punitive damages; $600,000 for emotional distress; $200,000 for back pay, $200,000 for past economic damages

Venue: Cole County Circuit Court

Case Number/Date: 19AC-CC00400

Judge: Daniel R. Green

Caption: Joseph Eddy v. Department of Corrections

Plaintiffs’ Attorneys: Julianne Germinder and Brooke Davids, TGH Litigation LLC, (Columbia), Roger Brown, Roger G. Brown & Associates, (Jefferson City)

Defendants’ Attorneys: Kelli Reichert and Maleah Ahuja, Missouri Attorney General’s Office, (Jefferson City)

Jury sides with Boone County businesses in breach of contract suit over student housing complex

In a split verdict, a Boone County jury awarded more than $34 million to a pair of businesses over a $14.7 million purchase of a Columbia student housing project that was lost to foreclosure just two years after the 2016 purchase.

In a trial that concluded in late September, the jury awarded plaintiff MO Murrayfield, LLC, $4.075 million in compensatory damages against defendant Marcus & Millichap Real Estate Investment Services, Inc., a brokerage firm, and an additional $20 million in punitive damages.

Co-plaintiff TwinRock Holdings, LLC, which set up the transaction and was the sponsor for financing, was awarded an additional $10 million in punitive damages.

But the same jury sided with co-defendants Southside Ventures. LLC, and Rob Hill — sellers in the multi-party transaction — rejecting the claims of fraud or fraudulent misrepresentation on their parts.

The complaint alleged that Marcus & Millichap — which trades publicly on the New York Stock Exchange and, at $1.5 billion valuation, is one of the country’s largest real estate investment brokerages — failed to disclose key material facts that would likely have scuttled the purchase of Log Hill Run, a student housing complex at 5151 Commercial Drive in Columbia.

Specifically, the plaintiffs said they were deceived when not told that a competing company had pulled out of its own purchase deal due to concerns over the project’s financial statements. The financial records provided were intentionally different, said plaintiff’s attorney Brian Malkmus, who represented MO Murrayfield.

“Marcus & Millichap knew that a prior buyer had backed out of the purchase and stated that the reason was misrepresentation to actual fraud,” he said. “Armed with that knowledge, however, M&M did not tell either the seller (its client) or the buyer (my client) of the reason for the buyer backing out and instead took the seller’s financials and worked on them in a way that the material that sparked the suspicions of fraud was hidden and not able to be found by my client. It then gave my client those restated financials and passed them off as a complete set.”

He added, “Further, there was testimony that when asked why the prior buyer backed out, M&M’s representative was less than forthcoming.”

The buyers said they were assured that the property was 100 percent leased, with parental guarantees of all leases — only to later find out that tenants were offered inducements ranging from reduced security deposits to cash and free Apple TVs to sign leases.

Once the purchase agreement was signed, they would learn that the property only had a 57 percent lease rate for the 2016-17 school year, with the defendants allegedly reducing annual leases to 10 months, no longer requiring parental guarantees and sharply reducing rent for renewing students in order to clear the 90 percent occupancy threshold needed to approve the deal. By the next year, the property was lost to foreclosure.

Attorneys for Marcus & Millichap did not respond to requests for comment. Bradley Hansmann, who represented Log Hill Run’s previous owners, said his clients felt “vindicated” by the verdict in their favor.

$34.075 million jury verdict

Construction/breach of contract

Breakdown and distribution of total value: $20 in punitive damages and $4.075 in compensatory damages in favor of plaintiff MO Murrayfield, LLC and against defendant Marcus & Millichap Real Estate Investment Services, Inc; $10 million in punitive damages for plaintiff TwinRock Partners, LLC and against defendant Marcus & Millichap Real Estate Investment Services.

Case Number/Date:18BA-CV00443/Sept. 30, 2025

Court: Boone County Circuit Court

Judge: Circuit Judge Jeff Harris

Caption: MO Murrayfield, LLC & Twin Rock Partners, LLC v. Marcus & Millichap Real Estate Investment Services, Inc; Southside Ventures, LLC, Log Hill Properties and Consulting, LLC; Greg Logsdon; and Robert Hill

Plaintiff’s attorneys: Heidi Doerhoff Vollet; Cook, Vetter, Doerhoff & Landwehr, Jefferson City (for TwinRock Partners); Brian Malkmus, Malkmus Law Firm, Springfield (for MO Murrayfield); Randy Scheer and ; Jacob Sappington, Baty, Otto, & Scheer, Springfield.

Defendant’s attorneys: Allan Joseph, Fuerst Ittleman David & Joseph, Miami; Marjorie Lewis, Evans & Dixon, Columbia (for Marcus & Milllichap); Ted Wallace Wright and Bradley Hansmann; Watters Wolf Bub and Hansmann, St. Joseph (for Log Hill, South Side Ventures and Hill)

Plaintiff’s experts: Matt Barberich, Kansas City (accounting); Patrick Sheahan, Scottsdale, Arizona (real estate), Angela Moorelock Springfield (accounting)

Defendant’s experts: John John, Columbia (real estate), Jerod Allen, Parkville (adjuster)

Hospital employee wins verdict after he was fired over ‘biased’ investigation

A longtime employee of Children’s Mercy Hospital was fired after an investigation into sexual harassment claims made against him. His attorney said the investigation was biased and racially motivated. A Jackson County jury agreed.

Brianne Thomas, an attorney with Boyd Kenter Thomas & Parrish in Independence, represented Sal Madge and said the investigation was biased and HR had a motive to fire her client because he was black.

The investigation began after Madge was accused of sexual harassment by five women, she said.

“It all started from a happy hour (…) in 2023. There were some allegations that he made some inappropriate comments about why someone didn’t get a job. He denied those allegations, but that is what launched a sweeping investigation into Mr. Madge,” Thomas said. “We alleged at trial (…) that the investigation was very one sided, that it was racially motivated and our client, Sal Madge, is a Black man and the HR investigator was a white woman, and she initiated contact with other women and basically sought out evidence that helped her prove her case, as opposed to being kind of neutral and independent.”

Ultimately, there were seven female accusers who alleged Madge made inappropriate comments to them. Madge denied the accusations.

Though HR conducted a 29-day investigation into the matter, Madge was fired on the same day he was told of the investigation. Madge was not able to present evidence in his favor before he was fired. Thomas added that HR did not know that some of the women had been drinking or on drugs when they made their statements and did not examine text messages or discrepancies in their stories.

At a five-day trial Thomas called some of the women forward to show they weren’t afraid of the testimony and called witnesses who testified to Madge’s 17 years with the hospital.

The jury awarded $161,500 in back pay, $100,000 for non-economic damages and $1,000,000 punitive damages.

The hospital’s attorney did not respond to a request for comment.

Amount of verdict, judgment or settlement: $1,261,500

Type of action: Other/verdict for plaintiff

Breakdown: $161,500.00 back pay
$100,000.00 non-economic damages
$1,000,000.00 punitive damages

Venue: Jackson County Circuit Court

Case Number/Date: 2416-CV10391/10/24/2025

Judge: Bryan Round

Injuries: Job loss

Last Pretrial Demand: $300,000

Last Pretrial Offer: $5,000

Caption: Sal Madge v. Children’s Mercy Hospital

Plaintiffs’ Attorneys: Brianne N. Thomas of Boyd Kenter Thomas & Parrish in Independence, Missouri & Shaun Stallworth of Holman Schiavone in Kansas City, Missouri.

Defendants’ Attorneys: Tim Hilton & Michaeli Hennessy of Husch Blackwell in Kansas City, Missouri.

City of Branson hit with multi-million-dollar judgment in property rights case

The City of Branson, Missouri owes a family-owned company $30,000,000 after a Taney County jury determined it violated the landowner’s constitutional rights.

Cushman Properties, represented by solo practitioner Richard T. Ashe in Springfield, sued the city after it annexed the land in 2001 to provide and construct water services.

“When the City annexed the property in 2001, it agreed to provide a supply of water suitable for fire protection and commercial development,” according to Ashe. “That promise was made in exchange for David Cushman’s agreement to sell prime waterfront property needed to develop the Branson Landing and for agreeing to subject development of Cushman Properties’ land to City approval.”

Ashe said his clients discovered a lack of water pressure in 2014, and he began representing them in 2018. The current Branson water system only serves about 90 acres of Cushman’s property.

After Branson rejected a development project that Ashe says would have upgraded its infrastructure, Cushman Properties demanded the city provide water service or de-annexation.

Initially, Ashe said the city agreed to create a new water tower and some related improvements but abandoned the project in 2022. Ashe said they then filed suit against the city.

Ashe said his case was based on a constitutional doctrine known as Inverse Condemnation “which protects landowners when government actions deprive them of property use or value without just compensation.”

“Inverse condemnation occurs when the city does not go through the statutory process before it takes property and then it’s on the landowner to file suit against the city to prove, one, that the city took their property or the right to develop their property, and two, what that property right or property was worth,” Ashe said.

The jury ultimately sided with Cushman Properties and entered a judgment of $30,000,000. Ashe said the ruling transfers ownership of 202 acres of Cushman land to the city.

The attorney representing the city did not respond by deadline to a request for comment.

Amount of verdict, judgment or settlement: $30,000,000

Type of action: Other – Verdict for Plaintiff

Allocation of Fault: City of Branson

Breakdown: Damages equal market value of 202 acres of land in Branson with more than a mile of frontage along 76 Country Music Blvd

Venue: Taney County Circuit Court

Case Number/Date: 2246-CC000240 / 10/24/2025

Caption: Cushman Properties, LLC v City of Branson, Missouri

Plaintiffs’ Attorneys: Richard T. Ashe of Ashe Law in Springfield, Missouri.

Defendants’ Attorneys: James E. Meadows of Carnahan Evans in Springfield, Missouri.

Jury finds for plaintiff in crash at intersection

A Jackson County jury has awarded slightly more than a quarter-million dollars to a 34-year-old Lee’s Summit woman injured in an April 2018 motor vehicle collision.

The $251,750 jury verdict for plaintiff Madison Portulas against defendant Mary Catherine Davis, 55, also of Lee’s Summit, followed a five-day trial in late September.

According to the suit and a Lees Summit Police Department accident report, Portulas was driving a 2006 Ford Taurus on northbound Ward Road when she was struck by Davis’ 2010 Acura MDX as the SUV driver attempted to make a left turn from southbound Ward Road onto eastbound Persels Road.

Plaintiff’s attorney Brianne Thomas said her client’s injuries included damage to her hip, pelvis, leg, knee, ankle and foot.

$251,750 jury verdict for plaintiff

Motor vehicle collision

Case Number/Date: 2316-CV07723/Sept. 25, 2025

Court: Circuit Court of Jackson County at Independence

Judge: Circuit Judge Marty Seaton

Caption: Madison Portulas v. Mary Davis

Injuries alleged: hip, pelvis, leg, knee, ankle, foot

Injuries detail: Patella fracture, torn labrum of shoulder and hip, psychological injuries

Plaintiff’s experts: Dr. Akhil Chharte, Johns Hopkins University, Baltimore (life care planning) Dr. Brett Miller, Kansas City (medical-diagnostic specialties)
Defendant’s expert: Dr. Michael Johnson, Salina, Kan. (medical-diagnostic specialties)

Plaintiffs’ attorneys: Brianne Thomas (lead), Boyd Kenter Thomas & Parrish, Independence; Eric Playter, Playter Trial Lawyers, Raytown; Paul Danaher, Danaher Law Firm, Lees Summit

Defendants’ attorneys: Chris Carpenter and Mason Mitchell, Law Offices of Rebecca E. Schubert, Lees Summit

Insurance: Farmers Insurance (for Davis)

Family of 23-year-old killed in cash wins multimillion dollar verdict

The family of a 23-year-old who was killed in a motor-vehicle crash has obtained a $20,000,000 verdict.

In February of 2021, Sevie Davison was killed when another driver, Ryan O’Neal, crossed the center line and struck her vehicle head-on, according to attorney Lauren Dollar of Dollar Burns Becker & Hershewe who represented Davison. At the time of the crash, O’Neal was driving a white pickup truck and trailer southbound on Missouri Highway 43.

Evidence presented at trial showed that O’Neal was driving erratically at excessive speeds forcing multiple vehicles off the road just before the crash, Dollar said. Traces of methamphetamine were found in O’Neal’s blood, but toxicology tests did not specify the amount.

After a one-week trial in Jasper County, the jury sided with Davison’s family and awarded $15,000,000 in compensatory damages and $5,000,000 in punitive damages for aggravating circumstances.

The last offer from the defense before trial was $25,000.

The aggravating circumstances included: “that he was impaired by methamphetamine, that he was driving without a valid license at the time, and that he (…) in the three miles before the crash, had run three other vehicles off the road and had almost hit them,” Dollar said. “And so, he was driving quite recklessly and then ultimately crossed the center line and killed Sevie.”

O’Neal’s attorney, Jeffrey Coffey of Kutak Rock, agreed with the general facts of the case but said the point of contention at trial was whether the methamphetamine in O’Neal’s system impaired his driving, given that the amount was unclear.

“There wasn’t a lot of defense here,” Coffey said. “We admitted fault for the accident and we admitted that our client’s behavior had caused the death of Sevie.”

To minimize damages, the defense produced an expert to testify whether the meth impaired O’Neal. The plaintiff’s team hired an expert as well, and both were from the University of Kansas, Coffey said.

Coffey said the plaintiff’s expert testified that given that meth was found on the toxicology report coupled with O’Neal’s aggressive driving, it is likely he was impaired. The defense expert said medical science couldn’t answer the question with any reasonable degree of certainty because the amount of the drug was not specified.

“From the defense side, that was about the most that we had to work with,” he said. Notably, the plaintiff’s team demanded $100,000 in compensatory damages but received just 15 percent of this, he added.

Amount of verdict, judgment or settlement: $20,000,000

Type of action: Wrongful death

Breakdown: $15,000,000.00 in compensatory damages and $5,000,000.00 in damages for aggravating circumstances

Venue: Jasper County Circuit Court

Case Number/Date: 23AO-CC00224 / 10/10/2025

Judge: David Mouton

Plaintiffs’ Experts: Dr. Tony Rianprakaisang, Medical – Diagnostic specialties

Defendants’ Experts: Dr. Stephen Thornton, Medical – Diagnostic specialties

Injuries: Death

Last offer: $25,000

Insurer: Shelter

Caption: Tyler Davison as Representative for the wrongful death class of Sevie Davison v. Ryan O’Neal