JACKSON COUNTY, MISSOURI – KANSAS CITY

Babylon v. JA-DEL, Inc. d/b/a Jack Stack Barbecue

Docket#: 0916cv01932

Judge: Ann Mesle Div. 7

Plaintiff’s Attorney: Vance C. Preman (Vance C. Preman)

Defendant’s Attorney: Diana M. Jordison and Jeffrey D. Rowe (Horn, Aylward & Bandy)

Type of Claim: Business liability, Plaintiff, female age 49, was a customer at Defendant’s Martin City restaurant. She was leaving the restaurant at night when she walked into a monument sign in Defendant’s parking lot. The sign was 11’ tall by 11’ wide with an opening 5’ talk by 9’ wide. Plaintiff brought suit claiming the sign, which was painted brown on the back, was unmarked and unsafe. Defendant claimed the sign was open and obvious and claimed that Defendant met its duty to warn.

Damages Alleged: Soft tissue injury to the neck with permanent neck pain – no surgery ($5,975 medical expenses).

Plaintiff’s Experts: Deposition of Jeffrey MacMillian, M.D. (orthopedic surgeon).

Defendant’s Experts: None presented.

Demand Before Trial: $15,000.

Offer Before Trial: $1,000.

Verdict: $60,000 for Plaintiff.