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Non-profit Must Pay (5-19-03)

Monday, May 19, 2003

PRODUCTS LIABILITY
Nonprofit must pay for boy injured in rollover

A 13-year-old who was severely injured during a tread separation/rollover accident was awarded $8,371,912 by a Kansas jury on May 7. Cory Pronold was riding in a van owned by Kansas East Youth Services Inc. (KEYS), a Kansas City, Kan.-based nonprofit group, when the tread on the van's right rear tire separated, causing the rollover and leading to serious injury for Pronold, including partial blindness and limited use of his right (dominant) hand. His parents sued KEYS and Bridgestone/Firestone Inc., maker of the failed tire. Bridgestone settled before trial for a confidential amount. The jury found Bridgestone 73% liable and KEYS 27% liable for failing properly to inspect and maintain the tires. A $250,000 cap on noneconomic damages leaves KEYS liable for $1,970,416. Pronold V. Kansas East Youth Services Inc., No. 01-CV-05088 (Johnson Co., Kan., Dist. Ct.).

Plaintiffs' Attorneys: Steve N. Six and Scott E. Nutter, Shamberg, Johnson & Bergman, Kansas City, Mo.

Defense Attorneys: Kathleen A. Hardee and Chad C. Lucas, Shughart Thomson & Kilroy, Kansas City; John C. Niemeyer, Niemeyer, Alexander, Austin & Phillips, Oklahoma City, Okla.

THE NATIONAL LAW JOURNAL

Page: 20

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Shamberg, Johnson & Bergman
2600 Grand, Suite 550
Kansas City, Missouri 64108

816-399-5596 in KC
866-484-8966 toll-free

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