Robb, Taylor & O'Connor

Insurance Dispute

Taylor represented plaintiff Hamilton before the Wyandotte County District Court, the Kansas Court of Appeals and the Kansas Supreme Court. After successful jury trial, the defense appealed. Upon appeal we successfully achieved an award of attorney fees under KSA 40-908. The importance of the case confirmed that consumers can recover attorney fees under the statute so they can be made whole when they suffer a smaller loss and cannot otherwise afford to pursue their damages.

Premises Liability

In Hembree, we confirmed through the appellate process that the “Mode of Operation Rule” applied in Kansas. Following our appeal, the rule became part of the Pattern Instructions Kansas 4th, Jury Instruction 126.05. This allows for a jury instruction that when a business adopts a mode of operation in which a dangerous condition could regularly occur and the owner fails to use reasonable measures to discover and remove it, an injured person can recover their damages.

ERISA Litigation

Taylor represented plaintiff Adams before the Honorable H. Dean Whipple of the United States District Court for the Western District of Missouri and the Eighth Circuit Court of Appeals. The case was significant in addressing the distinctions between the application of interpretations of the law for traditional insurance carriers compared to ERISA types of benefits.

Premises Liability

Taylor represented plaintiff Richardson before the Circuit Court of Jackson County Missouri. After defense Summary Judgment, Taylor helped plaintiffs reverse the circuit court decision establishing that a business owed a duty of reasonable care to keep its premises in a reasonably safe condition when it knew or had reason to know that patrons may suffer harm from criminal activity and failing to take reasonable steps in keeping their customers safe.

Workers' Compensation

Taylor represented claimant Angus before the Missouri Division of Workers’ Compensation and the Western District Court of Appeals. After judgment for the Second Injury Fund, the appellate court reversed administrative law judge finding the court had simply failed to articulate any reasonable basis to disregard the uncontradicted expert medical opinion before it and, instead, to create its own medical causation opinions without the aid or assistance from a qualified medical professional. Angus is repeated cited favorably in subsequent rulings assisting workers’ compensation claimants in their claims.