Firm News

Jury Trial Defense Verdict – Truth In Lending Act.  On December 3, 2015, Attorney Patric S. Linden received a jury verdict in favor of a firm client in an action brought in the U.S. District Court for the Western District of Missouri.  The plaintiff had brought suit under the Federal Truth In Lending Act (“TILA”) against the firm’s client alleging that the plaintiff had received a copy of a retail installment contract from the firm’s client which was not fully legible.  The firm argued that the plaintiff had already settled his claim against the firm’s client during prior litigation brought by the plaintiff against the firm’s client in Missouri state court, and also that the plaintiff could not prove the condition of his copy of the contract at the time of the execution of the installment contract because he did not look at the contract until months later.  At the conclusion of a day-and-a-half jury trial, the jury rendered a unanimous verdict in favor of the firm’s client on the plaintiff’s claim.

Jury Trial Verdict - Negligence: No Recovery to Plaintiff.  On January 30, 2015, Attorneys Kevin D. Case and Jacob L. Kurtz received a jury verdict in favor of the firm’s client, a vendor of mobility devices. The plaintiff was a customer of the mobility device vendor and had been driven home by an employee of the vendor in a company-owned van. While waiting to exit the van, the plaintiff’s wheelchair unexpectedly rolled down a wheelchair ramp that had been put in place by the employee. After a three day trial, the Montgomery County, Kansas (Independence, Kansas) jury deliberated for only two hours before returning a verdict in favor of the firm’s client, awarding no recovery to the plaintiff.

• Attorneys Win for Insurance Agency on Commercial Roofing Claim.  Samantha J. Horner and Ryan J. Loehr represented and successfully defended a Kansas insurance agency and broker against claims arising out of a substandard commercial roofing job.  The Agency sold a commercial general liability insurance policy to a Roofer.  At the request of the Roofer, the Agency provided a Certificate of Liability Insurance (COI) to Plaintiff, the Roofer’s customer.  The COI set forth a brief summary of the Roofer’s insurance coverage, and stated that it was for informational purposes only and did not amend nor alter the coverage afforded by the policies listed on the COI. 
 
The roof began to leak and Plaintiff filed a claim with the Roofer’s insurance company.  The insurance company denied Plaintiff’s claim because the type of work the Roofer performed for Plaintiff was excluded by the policy.  Plaintiff filed suit against the Agency and asserted claims for Negligent Misrepresentation and violation of the Kansas Consumer Protection Act (KCPA), claiming that the COI did not state the exclusions of the Roofer’s policy. 
 
The Agency moved for summary judgment on all of Plaintiff’s claims.   On November 20, 2014, the District Court of Shawnee County, Kansas ruled in the Agency’s favor on both of Plaintiff’s claims, which effectively dismissed Plaintiff’s case before trial.  Samantha J. Horner presented the oral argument before the Court on the Motion.

• Jury Trial Directed Verdict, Premises Liability. On June 12, 2014, Attorney Ryan S. VanFleet obtained a directed verdict at the close of Plaintiff’s evidence in favor of a firm client, a St. Louis construction company. The company was hired to construct a Steak ‘n Shake restaurant in Lake St. Louis in 2006. The suit was brought by a customer who claimed that while walking back to her vehicle she tripped and fell over the contoured edge of the sidewalk in front of the restaurant. The contour of the sidewalk was located on the inside edge and was designed to keep mulch, rocks and other debris inside the flowerbed. The customer asserted a premises liability claim against both Steak ‘n Shake and the construction company, arguing that the contoured edge was a hidden defect and therefore not reasonably safe. The construction company was directed out at the close of Plaintiff’s evidence. The jury deliberated for only an hour before returning a 12-0 defense verdict in favor of Steak ‘n Shake.

The firm is pleased to announce its new name, Case Linden P.C., effective January 1, 2014.  Please note that articles linked below which were published prior to January 1, 2014, may refer to the firm by its prior name, Case & Roberts, P.C.

Jury Trial Defense Verdict, Wrongful Eviction; Conversion.  On October 8, 2013, Attorneys Kevin D. Case and Michael C. Skidgel received a jury verdict in favor of a firm client, the management company for an apartment complex in Springfield, Missouri.  The suit was brought by former tenants of the apartment complex, who argued that the management company wrongfully evicted them, despite the landlord securing a final prior judgment for rent and possession against them.  The tenants also claimed that the management company’s employees damaged or allowed the theft of the tenants’ household items during the eviction process.  At the conclusion of trial, the jury deliberated for nearly three hours before returning its verdict in favor of the management company.

Oral Argument Before Missouri Supreme Court Argument Receives Media Attention.  On October 7, 2013, the Missouri Lawyers Weekly published an article regarding the recent oral argument by firm attorney Patric S. Linden before the Missouri Supreme Court defending the constitutionality of the Missouri punitive damages cap statute, § 510.265, RSMo 2005. (Click here to view Article)

Appointment.  Effective March, 2013, Kevin Case was appointed by the Mayor of North Kansas City to the Board of Trustees of North Kansas City Hospital.  The City Council confirmed the appointment.  One of the largest hospitals in the Kansas City Metropolitan Area, North Kansas City Hospital is an award winning and accredited 451-bed acute care hospital with a campus spanning 69 acres.  Located in North Kansas City, Clay County, Missouri, North Kansas City Hospital was originally established by the citizens of North Kansas City in 1958.

• Jury Trial Defense Verdict – Employment.  On January 17, 2013, a Jackson County (Independence) Missouri jury returned a defense verdict for two firm clients, an automotive service center and its owner, who were both accused of discriminating against a female employee by transferring her to a different location in Kansas after she made a complaint of discrimination.  Kevin Case represented the employer, who denied the allegations.  The jury deliberated approximately six hours before returning a defense verdict.

Judgment Reversed On Appeal.  On December 14, 2012, the Kansas Court of Appeals reversed a $216,406.34 judgment entered against the firm’s client, a vendor of mobility devices, remanding the case for a new trial.  The plaintiff was a customer of the mobility device vendor, had been driven home by an employee of the vendor in a company-owned van.  While waiting to exit the van, the plaintiff’s wheelchair unexpectedly rolled down a wheelchair ramp that had been put in place by the employee.  The customer asserted negligence claims against the vendor arguing that customer was in a “helpless condition” prior to the incident and the vendor’s employee therefore owed a duty to prevent injury the customer.  The appellate court agreed with the firm’s argument that submitting this theory of liability to the jury was improper in light of the jury’s finding that the plaintiff’s own conduct was a substantial contributing factor to the incident.  Firm attorney Patric S. Linden briefed and argued the appeal.

Summary Judgment Upheld on Appeal - Unlawful Arrest, Malicious Prosecution, and 42 U.S.C. § 1983 Claims.  On October 30, 2012, the U.S. Court of Appeals, Eighth Circuit upheld the summary judgment obtained by the Firm in favor of a Kansas City restaurant regarding claims brought by a customer who was apprehended after refusing to sign the credit card receipt for customer’s restaurant bill.  The customer claimed that his arrest was unlawful, that he was maliciously prosecuted by the restaurant, and that the restaurant’s actions violated the customer’s civil rights. The Eighth Circuit affirmed trial court’s entry of summary judgment in favor of the restaurant, on the grounds that the arresting officer had probable cause for the arrest.  Attorney Patric S. Linden presented the briefing and oral argument in the appeal.

Jury Trial Defense Verdict – Retail Sales.  On October 9,2012, Attorneys Kevin Case and David Cascio represented a motor vechicle dealer and his retail motor vehicle sales dealership in a claim brought by a former customer.  The customer alleged that the vehicle was wrecked prior to the sale and that no one disclosed that the vehicle had been used previously as a rental and that this practice was part of a larger pattern and practice of fraudulent sales.    In closing argument, plaintiff requested damages of $150,000.  The Jackson Cournty (Kansas City) jury returned a defense verdict for the dealer principal, and a modest $2,500 verdict against the dealership. 

Case Linden P.C. is pleased to announce that the Kansas City office will be relocating on October 22, 2012 to the following address:
2600 Grand Boulevard, Suite 300
Kansas City, Missouri 64108
Tel: 816.979.1500
Fax: 816.979.1501
Case Linden P.C. featured in Kansas City Business Journal, September 2012.
(Click here to see Article)

False Arrest/Imprisonment and Malicious Prosecution.  On May 17, 2012, Attorney David V. Cascio obtained summary judgment in favor of a firm client, a county of the State of Kansas, where the plaintiff alleged that he was falsely arrested/imprisoned and maliciously prosecuted.  Mr. Cascio successfully argued that plaintiff’s false arrest/imprisonment claim was barred by the statute of limitations and that there was probable cause to prosecute the plaintiff in the underlying criminal case, negating plaintiff’s malicious prosecution claim.  This disposed of all of the plaintiff’s remaining claims against the county because the court had previously dismissed the plaintiff’s negligence and assault and battery claims. 

Employment, Whistleblowing, Wrongful Termination.  On March 6, 2012, the Missouri Supreme Court upheld a judgment obtained in favor of a firm client regarding a former employee’s wrongful termination claim by refusing to hear the employee’s appeal.  The former employee claimed that his employment had been terminated in retaliation for the employee's “whistleblowing.” The firm had previously successfully argued to the trial court and the Missouri Court of Appeals that the former employee had not engaged in “whistleblowing” because the only report he made was to the supervisors he claimed were engaged in the alleged wrongdoing and because the employee did not make any pre-termination report of the alleged wrongdoing to government agencies.

• Missouri Supreme Court, Limitations On Punitive Damages Upheld On Appeal.  On January 31, 2012, the Missouri Supreme Court issued a decision upholding the constitutionality of § 510.265, RSMo 2005, the Missouri state statute limiting punitive damages awards.  The trial court had previously reduced a punitive damages award against the firm’s client to $500,000 under the statute, and the Plaintiffs appealed that reduction to the Missouri Supreme Court.  The Plaintiffs argued that the statute unconstitutionally deprived them of their right to jury trial, and that the statute was also unconstitutional on several other grounds.  Case Linden responded that the punitive damages caps were a proper exercise of the legislature’s authority to modify a cause of action previously created by statute (the Missouri Merchandising Practices Act).  Firm attorney Patric S. Linden briefed and argued the appeal.  The Missouri Supreme Court agreed with the arguments raised by the firm in its decision that the punitive damages caps were constitutional with regard to the Plaintiff’s statutory claims. 

Jury Trial Verdict – Motor Vehicle Franchise Dispute:  $47,500.  On January 12, 2012, Case Linden, P.C. obtained a $47,500 verdict, from a Polk County, Iowa jury over a dispute involving an application fee to become an authorized dealer of Chinese automobiles.   The firm client, a Missouri Motor Vehicle Dealer,  claimed that it was entitled to a return of moneys paid when the Chinese automobiles never became available due to inability of the vehicles to pass U.S. emissions testing/safety certifications.   Defendant asserted that the fee was a non refundable deposit and that the firm client had  waived the right to recover their fee, later re-affirmed the contract and then ultimately terminated the contract before its express expiration date.   The firm successfully convinced the jury that Defendant was unjustly enriched and that it was inequitable for Defendant to retain such a benefit under the circumstances.

Employment, Whistleblowing, Wrongful Termination.  On December 13, 2011, the Missouri Court of Appeals issued a unanimous decision upholding judgment in favor of a firm client with regard to a wrongful termination claim.  A former employee claimed that his employment was terminated for reporting alleged wrongdoing to his supervisors.  The appellate court agreed with the arguments raised by the firm that the former employee’s report of suspected wrongdoing did not constitute “whistleblowing” because the only report he made was to the supervisors he claimed were engaged in the wrongdoing, and he did not make any pre-termination report of the alleged wrongdoing to government agencies. 

• Legal Malpractice: $466,718 Award. On November 22, 2011, Attorney Kevin D. Case obtained a $466,718.01 judgment against an attorney on behalf of a firm client who claimed that the attorney committed legal malpractice. The firm alleged that the client’s prior attorney failed to properly sue a former employer for retaliation in employment relating to the client’s claim under the Family and Medical Leave Act (FMLA). By failing to pursue the proper legal theory, the client’s prior attorney had caused the client to lose the opportunity of bringing a successful retaliation claim.

Insurance Agency, Negligence and Breach of Contract.  On October 4, 2011, Attorney Randi L. Helms obtained summary judgment on behalf of an insurance agent on claims that arose from the cancellation of an independent contractor’s workers’ compensation insurance policy.  Plaintiff filed a breach of contract and negligence action against the agent, claiming that the agent promised to inform Plaintiff if the contractor’s workers’ compensation insurance lapsed and failed to do so.  The firm successfully argued that a contract was never formed between Plaintiff and the agent and that absent a contractual duty between Plaintiff and the agent, there is no basis from which a tort duty may arise because Plaintiff was not a client of the agent.  The Court agreed and granted summary judgment in favor of the agent. 

Kevin Case selected to Missouri & Kansas Super Lawyers 2011, October 2011.

• Summary Judgment, Unlawful Arrest and Section 1983 Claims. On October 3, 2011, Attorney Patric Linden obtained summary judgment in favor of a Kansas City restaurant and its assistant manager on claims that arose from the arrest of a patron who had been asked to leave the restaurant. The patron refused to sign the credit card receipt to pay for his bill, and the patron was arrested for theft of services. The U.S. District Court for the Western District of Missouri, Western Division, granted judgment in favor of the firm’s clients on the patron's claims for false arrest, malicious prosecution, negligent arrest and the tort of outrage. This disposed of all of claims made against the firm’s clients, as the Court had previously granted the firm’s motion for partial summary judgment on the plaintiff's claims for civil rights violation and civil conspiracy.

Kevin Case featured on front page of Missouri Lawyers Weekly, May 2011.
(Click here to see Article)

Defense Judgment, Breach of Warranty and Negligent Motor Vehicle Repair.  On April 22, 2011, Attorney David V. Cascio obtained a defense judgment in favor of a firm client, a licensed dealer of motor vehicles, where a consumer alleged that the dealer improperly installed an exhaust on a utility terrain vehicle.  In the case, the consumer alleged that the dealer breached the warranty of workmanlike performance and negligently repaired the vehicle.  In addition, Attorney David V. Cascio obtained an award of damages in favor of the dealer on a counterclaim for the consumer's failure to pay the dealer for its services. 

Dismissal, False Patent Marking and False Advertising.  On April 18, 2011, Attorneys Kevin D. Case and Randi L. Helms obtained a dismissal in favor of a firm client, a high performance aftermarket fuel system manufacturer, without any settlement funds being paid.  In the case, Plaintiff claimed the firm client falsely marked and falsely advertised its high performance fuel pumps sold in the stream of commerce as "patent pending" or "patented." While the case was pending in the U.S. District Court, Eastern District of Missouri, the Firm successfully transferred the case to the U.S. District Court, District of Kansas. Shortly after transfer to the federal court in Kansas, plaintiff dismissed its case with no monetary settlement paid.

• Jury Trial Defense Verdict, Motor Vehicle Sales; Negligent Misrepresentation. On March 2, 2011, a Jackson County, MO jury returned a defense verdict for a firm a client, a motor vehicle dealership accused of soliciting customers throughout the Midwest using a below market payment promotional campaign which has spawned similar suits from more than 200 other consumers, and the Attorneys General of Kansas and Missouri. Attorney Kevin Case defended the dealership, and the firm also represented the dealership’s owner, who was dismissed from the case by the court prior to the submission of the case to the jury.

Employment, Family Medical Leave Act (FMLA), Joplin, Missouri. On February 22, 2011, the U.S. Supreme Court issued an order declining review of a summary judgment in favor of the firm's clients. The U.S. Court of Appeals, Eighth Circuit found that the trial court correctly granted judgment to the firm's clients on the basis that the Plaintiff had failed to provide his employer with adequate notice that an absence from the workplace was due to a FMLA-qualifying medical condition. While the Plaintiff contended that the Eighth Circuit decision was in conflict with cases from other federal appellate courts, firm attorneys Kevin D. Case and Patric S. Linden successfully argued that the appellate courts did not significantly differ on the underlying legal issues and that the issue, therefore, did not merit review by the U.S. Supreme Court.

Judgment Upheld on Appeal, Fraudulent Misrepresentation and Negligence, Kansas City, Missouri. On February 22, 2011, the Missouri Court of Appeals, Western District, issued a decision upholding a summary judgment granted in favor of the firm's client, an insurance agent, on claims brought by a Plaintiff whose house sustained extensive damage in a fire several days after Plaintiff completed an application for insurance. The agent completed an application for insurance on behalf of Plaintiff to obtain insurance through the Missouri Fair Plan. When Plaintiff made a claim for property loss, the FAIR Plan denied coverage on the basis that a policy had not yet been issued. Plaintiff brought suit against the agent, alleging fraudulent misrepresentation and negligence. The firm successfully argued to the trial court that the agent's actions could not constitute fraudulent misrepresentation or negligence because the insurance requested by Plaintiff was not available at the time of the fire because an inspection had not yet occurred. Firm attorneys Patric S. Linden and Randi L. Helms participated in the briefing and argument of the case on appeal. The appellate court concluded that the Plaintiff had failed to present any meritorious issues on appeal, and affirmed the trial court's grant of summary judgment.

Employment, Wrongful Termination, Lexington, Missouri. On January 21, 2011, The firm obtained summary judgment in favor of an employer on a former employee who alleged he was wrongfully terminated after blowing the whistle on suspected illegal activity. The former employee had been hired to market and manage a hunting operation, in conjunction with a non-profit environmental awareness foundation. When the former employee failed to garner reservations for any hunters, he was terminated. Subsequently, the former employee alleged that he was terminated for reporting to the owners of the hunting operation his belief that the business was a scheme to commit tax fraud. The Circuit Court of Lafayette County concluded that the former employee’s report did not qualify him as a whistleblower.  The Court held that, regardless of the substance of his report, reporting suspected illegal activity only to the person suspected of the misconduct does not constitute protected whistleblowing.

Class Action Decertified. On August 27, 2010, the Circuit Court of Sullivan County, Missouri, granted the Motion to Decertify filed in the case of Louis G. Perry v. Lovegreen Ford-Mercury. In the Perry litigation, a "Defendant Class" had been certified, encompassing over 7,000 motor vehicle dealerships located in Missouri. The firm was retained by over 120 of those dealerships to defend their interests in that litigation, and firm attorneys Kevin D. Case and Patric S. Linden were appointed by the Court to the Defense Steering Committee responsible for overseeing the defense of the case. As part of those duties, Mr. Case and Mr. Linden took the lead in drafting the Motion to Decertify that was successful in setting aside the certification of the Defendant Class, which will ultimately bring the class claims against the firm's clients to an end.

Employment, Family Medical Leave Act (FMLA). On August 19, 2010, the U.S. Court of Appeals, Eighth Circuit, entered its opinion unanimously affirming a summary judgment previously obtained by the firm on behalf of its clients. Attorney Patric S. Linden briefed and argued the appeal. The firm successfully argued on appeal that the plaintiff had failed to provide adequate notice to his employer that he was requesting leave under the Family Medical Leave Act (FMLA) and that, as a result, the termination of the plaintiff's employment for absenteeism did not violate the FMLA.

Jury Trial Defense Verdict, Governmental Liability. On June 8, 2010, in a dispute between elected members of a County Commission in Kansas, Kevin Case obtained a 12-0 defense verdict finding that the County Commission did not breach a contract of employment regarding employee benefits. The jury deliberated less than :45 minutes in reaching its unanimous decision.

Insurance Agent, Summary Judgment, Fraudulent Misrepresentation and Negligence, Independence, Missouri. On April 1, 2010, the firm attorney Randi Helms obtained summary judgment on behalf of an insurance agent, on claims brought by a Plaintiff whose house sustained extensive damage in a fire. The agent completed an application for insurance on behalf of Plaintiff to obtain insurance through the Missouri Fair Plan. When Plaintiff made a claim for property loss, the FAIR Plan denied coverage on the basis that a policy had not yet been issued. Plaintiff brought suit against the agent, alleging fraudulent misrepresentation and negligence. The firm argued that the agent’s actions did not constitute fraudulent misrepresentation and that the agent did not breach any duty of care because the insurance requested by Plaintiff was not available at the time of the fire because an inspection had not yet occurred. The Court agreed and granted summary judgment in favor of the agent.

Motor Vehicle Accident, Summary Judgment, Negligence, Liberty, Missouri. On January 11, 2010, attorneys Kevin Case and Randi Helms obtained summary judgment on negligence claims brought by two young women who were severely injured with cervical fractures while riding in a vehicle owned by a car dealership and driven by a dealership employee. The women were accompanying a dealership employee who had been dispatched to St. Louis to conduct a dealer trade. The employee picked up the two women, his roommates, on the way to St. Louis. The employee and the two women, upon their return to Kansas City, took the new vehicle to a party to show it to their friends. On the way home from the party, the employee lost control of the vehicle and went off the road. The Court found that the employee was not within the scope and course of his employment at the time of the automobile accident. Because the employee was not within the scope and course of his employment, judgment was granted on the women's claims that the auto dealership was vicariously liable for the women's injuries.

Thomson Reuters ProLaw Case Study with Case Linden, January 2010.
(Click here to see Case Study
)

Trial Court Reversed on Appeal, Class Action – Unauthorized Practice of Law, Kansas City. On November 3, 2009, following briefing and oral argument by attorney Patric Linden, a unanimous panel of the Missouri Court of Appeals, Kansas City, reversed the Jackson County Circuit Court which refused to enforce an arbitration agreement entered into between a consumer and a retailer, Lee’s Summit Honda. The consumer originally filed a class action suit against the Honda retailer asserting that the retailer’s conduct in charging a documentation fee was the unauthorized practice of law. In response, firm attorneys moved to dismiss the case in light of the written arbitration agreement. When the trial court refused to enforce the agreement, the firm appealed the decision prior to trial. In reversing the trial court, the Court of Appeals adopted the firm’s legal arguments and agreed that “the trial court erred to the extent it determined that the agreement was procedurally unconscionable because it constituted a contract of adhesion.”

Medical Malpractice, Jury Trial Defense Verdict, Atchison County, Kansas. Following a two week jury trial, on September 25, 2009, firm attorneys obtained a defense verdict on behalf of a firm client, a nurse practitioner, accused of failing to diagnose temporal arteritis resulting in blindness. With a demand of $1.3 million, at trial, the plaintiff presented evidence of medical specials of $950,000 and asserting pain and suffering to the statutory limits of $250,000.00.

Employment, Summary Judgment (FMLA), Springfield, Missouri. On September 4, 2009, firm attorney Patric Linden obtained a summary judgment in federal court on claims brought by a former employee alleged that he was terminated following report of a work related injury. At the firm’s urging, the federal judge found that plaintiff did not have a “serious health condition” as defined by the Family Medical Leave Act and that the plaintiff failed to provide notice to his employer of the need for FMLA leave.

• Consumer Protection, Jury Verdict After Appeal, Kansas City. On March 27, 2008 after eight days of jury trial and five hours of deliberations, attorney Kevin Case obtained a 9-3 jury verdict assessing the firm's client with $300,000 in punitive damages, a reduction of $540,000 assessed by a prior jury in 2003 handled by other defense counsel. Three jurors refused to sign the verdict form, insisting on a defense verdict.  The case arose from the 1994 sale of a used 1991 Ford Explorer which was alleged to be a total rebuilt wreck with a salvage title. The firm assumed the defense of the case after the first jury returned a verdict for $27,599 in actual damages and $840,000 in punitive damages. Following review by the Missouri Supreme Court and the Missouri Court of Appeals, Western District, the case was tried on the issue of punitive damages only.

Premises Liability, Defense Verdict, Jefferson County, Mo. On March 11, 2008, attorney Kevin Case with the assistance of Sr. Analyst Julie Stockwood obtained a 12-0 defense verdict on behalf of a firm client accused of failing to take reasonable care in maintaining the defendant's premises which resulted in injuries to plaintiff. Prior to trial, plaintiff demanded in excess of $300,000.

Premises Liability, Jury Verdict, St. Louis. On September 19, 2007, attorney Kevin Case obtained a jury verdict finding the firm's client 15% at fault for injuries occurring in the client's automotive service department. At trial, the plaintiff asserted damages in excess of $200,000. After 3 1/2 hours of deliberation the verdict was returned for plaintiff for $175,000. The other defendant, a customer, was found to be 85% at fault.

• Employment, Sexual Harassment, Defense Verdict, St. Joseph. On September 14, 2007, attorney Kevin Case with the assistance of Sr. Analyst Julie Stockwood obtained a 12-0 defense verdict on behalf of a firm client accused of sex discrimination and retaliation. The jury deliberated just :50 minutes before rendering its unanimous verdict. At trial, the plaintiff alleged that she was called disparaging names and her harasser was not disciplined or terminated. However, when it was alleged she called a fellow employee a racial slur, she was terminated. The Court, over objection, also permitted the plaintiff to testify about her on-going treatment for breast cancer.

Summary Judgment Upheld On Appeal, Negligence, St. Louis. On August 30, 2007, the Missouri Court of Appeals, Eastern District, affirmed a summary judgment the firm obtained from the Circuit Court of St. Louis County. Attorneys Kevin Case and Patric Linden represented two employees of an automotive dealer alleged to have caused a dangerous condition leading to personal injury of the Plaintiff. Plaintiffs had previously brought suit against the firm's client under theories of premises liability and negligence regarding the same underlying accident, and the firm obtained summary judgment in the client's favor in that prior lawsuit.

Sexual Harassment, Summary Judgment, Kansas City. On July 16, 2007, attorneys Kevin Case and Patric Linden obtained a summary judgment ruling dismissing all claims alleging sexual harassment brought against the firm's three clients. Prior to the ruling, attorneys for the plaintiff had demanded in excess of $250,000 to settle the case.

Award of Arbitrator - Defense Decision. On May 3, 2007, attorney Kevin Case prevailed in an American Arbitration Association proceeding brought by Kansas consumers alleging fraud in their purchase of the motor vehicle from a franchise auto dealer in Missouri. Alleging fraudulent inducement, violations of the Missouri Merchandising Practices Act and undue influence, the plaintiffs demanded $100,000.00 prior to arbitration.

• Negligence/Premises Liability, Summary Judgment Upheld On Appeal. On March 1, 2007, the Missouri Court of Appeals, Eastern District affirmed a summary judgment the firm obtained in the Circuit Court of St. Louis County. Attorneys Kevin Case and Patric Linden represented Plaza Motor Company upon whose premises an independent contractor was injured while performing fireproofing work. The contractor was using a scissor lift that the contractor had positioned near an overhead garage door and the contractor was injured when the overhead door opened, pushing over the scissor lift causing severe bodily injuries. The contractor and his wife brought suit under both premises liability and negligence theories. The firm successfully argued in its summary judgment motion that the Plaintiffs’ claims were barred under the doctrine of Matteuzzi v. The Columbus Partnership, L.P., 866 S.W.2d 128 (Mo. banc 1993). Prior to the entry of summary judgment, the Plaintiffs had demanded $500,000.

$36,000 Verdict; St. Louis. On February 16, 2007, attorney Kevin Case, following a week-long trial, obtained a jury verdict on behalf of a firm client accused of falling asleep at the wheel of a delivery vehicle and "plowing" into a Missouri Highway Paint-Striping Road Crew, seriously injuring one highway worker who missed work for over one year. At trial, plaintiff's counsel requested the jury to return a verdict of over $500,000.

 All media inquiries should be directed to:
Case Linden P.C.
Attn: Communications
2600 Grand Blvd., Suite 300
Kansas City, MO 64108
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