The Eighteenth Judicial District Court in Sedgwick County, Kansas, has granted our motion for summary judgment on behalf of our road construction company client in a matter involving a motorcycle accident. In this incident, the plaintiff collided with a steel bollard near a baseball stadium, resulting in injuries. The plaintiff alleged that the negligent design of the bollard was responsible for the incident, holding design-build contractors and others liable.
Our summary judgment motion highlighted the absence of specific allegations of negligence and the plaintiff’s failure to provide expert witness testimony supporting their claims against our client. The court agreed, dismissing the case and awarding court costs to our client.
Furthermore, a third-party claim against our client for contractual indemnity, citing negligent construction and/or installation related to the paving, hardscapes and bollards/receivers mentioned in the plaintiff’s claim, was also dismissed.