Trial Magazine

Doe, 30, was driving in the inside lane of a four-lane Kansas City roadway. Roe, a teenage driver, attempted to turn left out of a gas station onto the roadway. After allegedly being waved on by another motorist who was stopped in traffic in the outside lane, Roe allegedly crossed over several lanes and collided with Doe’s vehicle.

Although Doe initially told police that he hadn’t been injured, he subsequently developed pain in his arms and neck. He underwent chiropractic treatment and, later, a radiofrequency ablation. He also was diagnosed as having suffered a concussion without loss of consciousness—leading to fatigue, blurred vision, and difficulty with words. His medical expenses totaled approximately $130,000. He was unable to return to his job running a small business.

Doe sued Roe, alleging failure to yield. The plaintiff also sued Roe’s father, alleging negligent entrustment.

The defense asserted that the plaintiff did not sustain a traumatic brain injury and that Doe failed to mitigate his damages.

The parties agreed to a settlement for $2.9 million.

Citation: Doe v. Roes, Confidential Dkt. No. (Kan. Dist. Ct. Johnson Cnty. Feb. 1, 2024).

Plaintiff Counsel: AAJ member Michael Meyer, Leawood, Kan.