$665,000 Jury Verdict after $5,000 offer – Johnson County, Kansas Trial

Michael Foster

This underinsured motorist (UIM) case arose from a rear-end collision that occurred on May 16, 2021, in Overland Park, Kansas. Our client was struck from behind while in the curbside pickup line at Jack Stack BBQ. At the time of the collision, our client was exiting his vehicle. The impact caused him to strike his face and head on the vehicle door, resulting in a brief loss of consciousness. He sustained significant cervical spine injuries that ultimately required extensive medical treatment, including a six-level cervical fusion surgery.

Litigation and UIM Dispute

Foster Wallace filed suit in Johnson County District Court in May 2023 against the at-fault driver. Both the at-fault driver and State Farm believed that our client’s surgery and spine issues were pre-existing and had nothing to do with the wreck. The at-fault driver resolved her portion of the case prior to trial and was dismissed with prejudice. State Farm, however, continued to dispute the nature, cause, and value of our client’s injuries, forcing the case to trial. They only offered $5,000 before trial. 

Jury Trial and Verdict

The case proceeded to a jury trial in Johnson County District Court before the Honorable Rhonda Mason. After three days of testimony and evidence, the jury returned a verdict in favor of our client in the amount of $665,000. However, the Court was obligated to reduce the verdict to $400,000.00 which was the total available to our client under his UIM policy he purchased with State Farm.

Following the verdict, our law firm sought attorney fees pursuant to K.S.A. § 40-908, Kansas’ statute allowing recovery of attorney fees when an insurance company refuses without just cause to pay benefits owed under an insurance contract. The Court granted the motion and awarded more than $223,000 in attorney fees, which were entered as part of the final judgment.

Result

In total, the judgment entered in favor of Mr. Harvey exceeded $625,000.00, reflecting both the jury’s verdict and the Court’s attorney-fee award and costs. 

This case underscores the importance of purchasing underinsured motorist coverage and demonstrates that Kansas juries may hold insurance companies accountable when they wrongfully refuse to honor their contractual obligations to their own policyholders.