Shamberg, Johnson, & Bergman won a $1.2 million verdict in a homeowner's liability case tried in the District Court of Johnson County, Kansas. The case was tried by partner Victor Bergman, with the assistance of associate Shannon Kempf and paralegal Terri Peyton.
In the fall of 2004, the defendant, Daniel Rollheiser, received notice from the City of Shawnee that tree branches in the front of his residence were scraping the roofs of passing school buses and needed to be cut back. After receiving a $500 bid from a professional tree trimming service, Mr. Rollheiser opted to hire the plaintiff, Richard Payne, to cut down the branches for $8 hour. At the time of the accident, Mr. Payne was 33 years old and receiving social security disability benefits.
The accident occurred on a branch that extended out into the street 10 -15 feet and was 19 feet above the pavement. After placing orange safety cones in the street, Mr. Rollheiser and Mr. Payne extended a ladder to 20 feet and propped it up against the branch. Mr. Payne expressed concerns to Mr. Rollheiser that the ladder, as positioned, was not safe. However, Mr. Rollheiser assured Mr. Payne of the ladder's safety. With that assurance, Mr. Payne climbed the ladder and began his work. As Mr. Payne cut on the branch, the end of the branch slowly lowered until it was within Mr. Rollheiser's reach. At that point, Mr. Rollheiser grabbed the branch and pulled down on it. When the branch broke off at the cut, the remaining branch sprung up, clearing the top of the ladder. Simultaneously, the falling cut end of the branch struck the ladder. Mr. Payne fell approximately 15 feet to the paved street suffering severe fractures in both wrists and a brachial plexus injury.
Claim was made for the Mr. Payne's past and future medical expenses; past and future pain and suffering; and loss of time. While Mr. Rollheiser's attorney claimed that the incident was an unfortunate accident, Mr. Bergman argued that Mr. Rollheiser had taken advantage of Mr. Payne by putting him in a dangerous situation to do a job that should have been done by professionals. The Johnson County jury returned a verdict in favor of the plaintiff for $1.2 million including, $100,000 for loss of time, despite no claim being made for Mr. Payne's lost past and future wages. The jury assigned 51 % of the fault to the defendant.
