James E. Benfer III's Legal Cases (4)

Wrongful death

Linda Abbey v City of Junction City; 00-4106 SAC

Jan 01, 2000

OUTCOME: Settled favorably for my client

This is another aquatics injury/wrongful death case against the City of Junction City, Kansas. My involvement was as plaintiffs counsel to the mother of Leslie Abbey who drowned at the public pool ope ... rated by the City of Junction City Kansas. This case is important because it brought serious deficiencies in the method and manner of operating its public pool to the attention of the city of Junction City, Kansas providing them an opportunity to correct these life threatening practices.

Personal injury

F. Spivey v State of Kansas, Department of SRS et al;

Jan 01, 1994

OUTCOME: Settled favorably for my client

This case is important because it gave a voice to a young woman who was involuntarily placed at Parsons State Hospital and who suffered repeated unwanted sexual advances by a fellow patient. I argue ... d that the State owed a special duty to my client pursuant to Restatement (second) of Torts § 314, and that my client the right to be cared for free from any abuse during her stay at Parson State Hospital. The trial court agreed. As a result of our involvement, we were able to get my client transferred to a safe private placement here in Topeka, Kansas with full time support staff, an individualized essential lifestyle plan for her development, counseling, parenting training, educational support.

Wrongful death

Starlett Haynes by and through her mother and next friend, Marlene Newman v City of Topeka

Jan 01, 1989

OUTCOME: Settled favorably for my client

This was an aquatics injury/wrongful death case against the City of Topeka for the death of a young girl at Blaisdell Pool at Gage Park in Topeka, Kansas. This case involved several important matters ... . First, the case required the parties to interpret the Kansas Tort Claims Act, in particular the application of the recreational use exception to the general rule of liability under the act. Secondly, on a practical level the case caused the City of Topeka Parks and Recreation Department to review, revise and update its Pool and Water Safety guidelines which the benefit to the general public of improving water safety at area Topeka public pools.

Family

Hanks v Booth, 240 Kan 30, 726 P.2d 1319

Jan 01, 1986

OUTCOME: Case decided in favor of my client's.

This case is an important case because it is the first case to address the purpose of K.S.A. 38-120, the parental liability statute. My clients were the parents of children who accidentally caught a ... neighbor's barn on fire.

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