Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ross v. Jeschke AG Service LLC

Court of Appeals of Missouri, Western District

May 1, 2018

ROGER C. ROSS, Respondent,
v.
JESCHKE AG SERVICE, LLC, Appellant.

          APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY The Honorable Kevin D. Harrell, Judge

          Before Division One: Lisa White Hardwick, Presiding Judge, Cynthia L. Martin and Anthony Rex Gabbert, Judges.

          LISA WHITE HARDWICK, JUDGE

         Jeschke Ag Service, LLC, ("Jeschke") appeals the circuit court's judgment awarding Roger Ross $2, 535, 000 in economic damages, $250, 000 in non-economic damages, and $750, 000 in punitive damages for his negligence claim. Jeschke contends the court erred in denying its motion to dismiss for lack of personal jurisdiction, submitting the punitive damages instruction, and denying its motion for new trial because the jury improperly rendered a quotient verdict. For reasons explained herein, we affirm.

          Factual and Procedural History

         On the morning of March 19, 2014, Donald Shaw, acting in the course and scope of his employment with Jeschke, drove a tractor-trailer rig to St. Joseph to pick up a load of fertilizer. Once the fertilizer was loaded onto Shaw's trailer, the tractor-trailer weighed 81, 200 pounds.

         After Shaw picked up the fertilizer, he proceeded to drive back to Jeschke's facility in Troy, Kansas. As he drove north on Highway K-7 in Kansas, he rolled up behind Ross, who was also heading north on Highway K-7. Ross was driving his farm tractor with his flashers activated.

         The stretch of roadway on which Ross and Shaw were traveling was in a marked no-passing zone. Shaw was familiar with the area because he had driven it several times in the past. He saw the "No Passing" sign as well as the solid yellow line on his side of the road. He also understood that it was dangerous to pass someone in a no-passing zone. Nevertheless, Shaw pulled into the southbound lane of Highway K-7 on Ross's left side just as Ross was attempting to turn left onto an intersecting street.

         Shaw struck Ross as Ross was turning. The force of the impact caused Ross to be ejected from the tractor. The tractor eventually came to rest in a yard, while Shaw's tractor-trailer entered a ditch and came to rest in a field.

         Ross was transported from the scene to the hospital. He suffered serious injuries, including brain damage. Ross does not recall anything about the accident. Shaw was not injured.

         Ross and his wife filed a petition for actual and punitive damages against Jeschke and Shaw in the Circuit Court of Jackson County, Missouri. While the case was pending, the court determined that Kansas substantive law should be applied. Ross subsequently filed an amended petition excluding his wife's claim.

         Before the jury trial began, Ross dismissed his claims against Shaw without prejudice. At the conclusion of the trial, the jury assessed 65% of the fault for the accident to Jeschke and 35% to Ross. The jury determined that Ross's past and future economic damages were $3.9 million and his past and future non-economic damages were $2.4 million. The jury also found that Jeschke was liable for punitive damages. The court indicated that it would schedule a hearing at a later date to determine the amount of punitive damages.

         A couple of months later, the court heard additional evidence regarding punitive damages and then entered final judgment. After reducing the jury's award by Ross's percentage of fault and applying Kansas's non-economic damages cap, the court awarded Ross $2, 535, 000 in economic damages and $250, 000 in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.