Debra Sullivan and Curtis Sullivan v Faith Clouse and Baker Enterprises, Inc (2022)

May 17, 2022

OUTCOME: After a four day trial the Jury returned a verdict in favor of the defendants. The Jury found plaintiff, Curtis Sullivan to be 100% at fault for the accident.

Mr. Singer represented the defendants Faith Clouse and Baker Enterprises Inc. The case arose out of a motor vehicle collision occurring on July 17, 2019 at the intersection of 37th Street North and ... Tyler Road in Wichita, Sedgwick County, Kansas. At the time of the accident, the intersection was controlled by a 4-way stop. Plaintiffs claim that Curtis Sullivan, was traveling northbound on Tyler Road with his wife, Debra Sullivan, as the front seat passenger of the vehicle when the accident occurred. Plaintiffs contend they made a complete stop at the intersection, waited their turn, then entered the intersection where they were struck by a vehicle driven by defendant, Faith Clouse. Two eyewitnesses claim to have seen Faith Clouse proceed into the intersection eastbound without stopping at the stop sign and collide with plaintiffs’ vehicle at 30-40 m.p.h. Defendant, Faith Clouse, was in the course and scope of her employment when the accident occurred, operating a vehicle owned by her employer, Baker Enterprises. Defendants claim that Faith Clouse was eastbound on 37th Street and brought her vehicle to a complete stop before proceeding into the intersection. Ms. Clouse claims when she first saw the Sullivan’s vehicle approaching, she was traveling at 10-15 m.p.h. She applied her brakes and activated her horn but was unable to avoid the collision. Plaintiffs asserted that Faith Clouse was negligent in: Failing to stop at the stop sign, failing to yield the right-of-way, inattentive driving, failure to keep a proper lookout, failure to give a warning, failure to take evasive action and careless driving. Plaintiffs claimed Ms. Clouse’s employer, Baker Enterprises, was vicariously liable for Ms. Clouse’s negligence. Defendants asserted that Curtis Sullivan was negligent in: Failing to keep a proper lookout, failing to warn, careless driving, failing to operate his vehicle within his control, inattentive driving and failing to take evasive action. Both plaintiffs were transported from the accident scene via ambulance. Plaintiff, Curtis Sullivan, claimed to have suffered from post concussive syndrome, a vestibular disorder and left occipital neuropathy as a result of the accident. Plaintiff, Debra Sullivan, claimed to have suffered a whiplash injury which later developed into lower back pain and rib pain. Plaintiff, Curtis Sullivan, retained Dr. Pedro Murati to perform an independent medical examination and provide his opinions regarding Mr. Sullivan’s injuries. Dr. Murati found that Mr. Sullivan was suffering from post-concussive syndrome, a vestibular disorder and left occipital neuropathy. Dr. Murati opined that Mr. Sullivan’s injuries were unresolved and would require future medical care. Debra Sullivan asserted her pain was ongoing and continuing but she would not require future medical care.

Bowens v. Anderson, 490 P.3d 84 (2021)

Jul 16, 2021

OUTCOME: The Greenwood County District Court granted defendant's Motion for Summary Judgment and The Kansas Court of appeals affirmed.

Mr. Singer represented the defendant, Janis Anderson, ARNP. Roy L. Bowens sued Greenwood County Hospital, Petie Schwerdtfeger, MD., Nancy McKenzie, PA, and Janis Anderson, ARNP (defendants) for ne ... gligence. Bowens alleged negligent treatment over the course of several days for a gangrenous infection which worsened by the hour. Defendants moved for summary judgment, arguing that Bowens failed to meet his burden to show how much tissue damage, if any, defendants caused.

Holt v. Harrod et. al., 481 P.3d 197 (2021)

Mar 05, 2021

OUTCOME: Dr. Sayeed was dismissed from the case on summary judgment.

Mr. Singer represented the defendant Dr. Baseer Sayeed. Stanton Holt, an inmate at the El Dorado Correctional Facility brought a medical malpractice action against several health care providers ov ... er their treatment of an injury to his foot and toes. Holt alleged the care and treatment he received from defendants fell below the applicable standard of care. Holt could not find expert testimony critical of the care provided by Dr. Sayeed. As a result, the trial court dismissed the case on Dr. Sayeed's motion for summary judgment. Holt appealed and the Kansas Court of Appeals upheld the dismissal. Holt sought review from the Kansas Supreme Court, but the Court declined to hear the case.

Winkel v. Patel, 835 Fed.Appx. 400 (2021)

Feb 02, 2021

OUTCOME: Dismissed on a Motion to Dismiss and affirmed by the United States Court of Appeals for the 10th Circuit.

Mr Singer represented the defendants Dilip Patel M.D. and Arturo Oleachea M.D. on appeal. Robert W. Winkel, a Kansas state prisoner filed civil rights action pursuant to 42 U.S.C. § 1983 alleging ... that Defendants Dilip Patel M.D. and Arturo Oleachea M.D. deprived him of his constitutional due process rights by forcibly medicating him while he was a pretrial detainee. The district court dismissed Winkel’s action for failure to state a claim, concluding (1) he failed to allege he was physically injured as a result of Defendants’ conduct as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(e); (2) his claims were barred by the applicable two-year Kansas statute of limitations, Kan. Stat. Ann. § 60–513(a); and (3) Defendants were entitled to qualified immunity. Plaintiff appealed the decision to the United States Court of Appeals for the 10th Circuit. On appeal the 10th Circuit concluded Winkel’s § 1983 action is barred by the applicable statute of limitations and found it unnecessary to address the additional bases on which the district court granted Defendants’ motion to dismiss.

Nash v. Blatchford, 56 Kan.App.2d 592 (2019)

Jan 04, 2019

OUTCOME: Dr. Blatchford was dismissed from the case on summary judgment. Nash appealed but the Kansas Court of Appeals upheld the dismissal. Nash sought review from the Kansas Supreme Court, but the Court declined to hear the case.

Mr. Singer represented the defendant Dr. Patrick Blatchford. On January 5, 2017, Nash filed a medical malpractice suit against Blatchford, asserting damages from an alleged negligently performed s ... urgery in January 2015. After filing his answer, Blatchford moved for summary judgment, arguing the district court lacked jurisdiction over Nash's claim because Blatchford is an employee at a municipal hospital and Nash was required and failed to file a written notice of claim under K.S.A. 12-105b(d) before suing him in the district court. After discovery, the district court granted summary judgment for Blatchford, holding it lacked jurisdiction to consider Nash's claim because Blatchford was an employee of South Central and Nash had failed to file a notice of claim as required under K.S.A. 2017 Supp. 12-105b(d).

Hubbard v. Mellion, 48 Kan.App.2d 1005 (2013)

Aug 12, 2014

OUTCOME: After a seven day trial the jury returned a verdict finding that Dr. Mellion did not deviate from the standard of care.

Mr. Singer represented the Defendant B. Theo Mellion. This was a medical malpractice action in which Darlene Hubbard sued Dr. Mellion for medical malpractice after a surgical instrument broke during ... microdiscectomy surgery and a small piece of metal remained lodged in Hubbard's spinal disc. Dr. Mellion filed a Motion for Summary Judgment alleging that Hubbard had failed to provide medical expert testimony establishing a standard of care and causal deviation and that neither res ipsa loquitur or the common knowledge exceptions applied to relieve Hubbard of her duty to present medical expert testimony. The Distrct Court granted the motion but the Kansas Court of Appeals reversed. The case proceeded to trial and the jury returned a verdict finding that Dr. Mellion did not deviate from the standard of care.

Talavera ex rel. Gonzalez v. Wiley et al., 725 F.3d 1262 (2013)

Aug 07, 2013

OUTCOME: The United States District Court for the District of Kansas granted Summary Judgment. The 10th Circuit Court of Appeals upheld the District Court's ruling.

This was a medical malpractice case alleging multiple defendants failed to properly treat plaintiff's stroke. The United States District Court for the District of Kansas granted Summary Judgment. The 1 ... 0th Circuit Court of Appeals upheld the District Court's ruling, finding that Plaintiff failed to: (1) establish a genuine dispute of material fact as to whether she would have qualified for bloodclotting therapy, or (2) show that any doctor owed her a duty of care when this therapy was still a viable treatment option. Plaintiff did not meet her burden of demonstrating she would have benefitted from receiving an earlier surgical intervention for symptoms related to her stroke. Plaintiff's argument that the defendants' alleged negligence deprived her of the chance of a better recovery failed because she did not adhere to the requirements of Kansas law in advancing a claim based on this theory.

Carrothers Construction Co., LLC v. City of South Hutchinson, 288 Kan. 743 (2009)

May 22, 2009

OUTCOME:

Alverez-Flores v. Jones, 293 Fed.Appx. 617 (2008)

N/A

OUTCOME:

Frank v. Bush et al., 391 Fed.Appx. 745 (2010)

N/A

OUTCOME: