Feb 21
Dustin J. Denning successfully defended our client, a hydraulic cattle chute manufacturer, in a jury trial in which the plaintiff alleged that a defect in design, manufacture and inspection/testing caused an o-ring to fail and forcefully spray hot hydraulic oil which caused an injection injury to his face. The plaintiff alleged permanent scarring and disfigurement to his face, along with pain and suffering. His claims included negligence, strict liability, breach of implied warranty, and breach of implied warranty of fitness for a particular purpose. The plaintiff asked for just over $250,000 at trial.
We successfully argued that the plaintiff failed to present evidence of a design defect in the product. We also established through expert testimony that the o-ring failure had nothing to do with something the manufacturer did or failed to do. We argued that the manufacturer exercised ordinary care in the design of the Chute so that it would be reasonably safe for the use for which it was intended or which could reasonably be anticipated. We also argued that the manufacturer made a reasonable inspection of the Chute for any defect, and that the manufacturer provided adequate warnings of such dangers which it reasonably anticipated.
After a three day jury trial, the Cloud County, Kansas, jury returned a unanimous verdict in favor of our client after deliberating about 1 hour and 20 minutes.
Jan 19
Dustin J. Denning successfully defended our client, an orthopedic surgeon, in a jury trial in which the plaintiff alleged that the doctor was negligent in diagnosing, recommending and performing an open reduction internal fixation (ORIF) of the plaintiff’s left ankle syndesmosis disruption because it was allegedly not indicated based upon the plaintiff’s history, physical exam or the x-rays. The plaintiff also alleged that our client failed to timely respond to her post-surgical complaints of splint and cast tightness which allegedly resulted in a compression injury to her superficial peroneal nerve and saphenous nerve. She alleged permanent injury, including numbness and tingling, to the lower leg, ankle and foot. The plaintiff also alleged injury to her low back under the “altered gait” theory. Plaintiff sought over $450,000.00 at trial.
We successfully argued that the doctor made an appropriate diagnosis and offered an appropriate surgery that the plaintiff elected to have in order to treat her chronic ankle pain. We also successfully argued that the doctor timely responded to plaintiff’s complaints of splint/cast tightness, numbness and tingling. Our foot/ankle surgeon expert opined that the plaintiff’s condition was that of a tension neuropathy that was caused when the syndesmosis disruption was reduced by our client.
After a five day jury trial, a Riley County, Kansas, jury returned a verdict in favor of our client after deliberating about 35 minutes.
Nov 01
Clark, Mize & Linville, Chartered, is pleased to announce that it has been named a Tier 1 law firm, the highest ranking level, for the Wichita Metropolitan/Salina Areas in the 2014 Edition of the U.S. News – Best Lawyers® “Best Law Firms.” The law firm’s Tier 1 rankings are in the areas of Health Care Law, Tax Law, and Trusts & Estates Law. In addition, the firm received a Tier 2 ranking in the practice areas of Employee Benefits (ERISA) Law and Non-Profit/Charities Law.
Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity. The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.
Oct 31
Clark, Mize & Linville, Chartered attorney Dustin J. Denning, successfully defended a large retailer in a jury trial in which plaintiff alleged that he was falsely detained by employees in the parking lot of the store. The plaintiff sought $5,000 in compensatory damages as well as punitive damages. The plaintiff alleged humiliation and embarrassment after he was stopped and asked to show his receipt for a GPS unit that he carried out of the store, unbagged, on Black Friday. Plaintiff paid for the item, but alleged that he had no obligation to show the receipt when asked by store personnel.
The litigation lasted more than three years, during which numerous discovery and related motions were filed to address various positions taken by the plaintiff, including an attempt to depose certain high level “Apex” officials within the company.
Clark, Mize & Linville attorneys successfully argued at trial that the retailer’s employees were justified in stopping the plaintiff under the “Merchant’s Privilege”, which allows a retailer in Kansas to detain a person on the premises in a reasonable manner and for a reasonable period of time if the retailer reasonably believes that the person has actual possession of and has wrongfully taken, or is about to wrongfully take, merchandise from the store.
The Barton County, Kansas, jury returned a verdict in favor of our client.
Jun 27
Dustin J. Denning has been peer nominated and selected again as a 2013 Kansas Super Lawyers Rising Star in the area of medical malpractice defense, a distinction he has held since 2009. This designation is awarded to no more than 2.5% of the eligible attorneys in the state of Kansas who are under the age of 40.
Apr 01
Clark, Mize & Linville, Chartered, 129 S. 8th Street, Salina, is pleased to announce that three of its attorneys have been selected for inclusion in the 19th edition of The Best Lawyers in America® (Copyright 2013 by Woodward/White, Inc., of Aiken, SC). Inclusion in Best Lawyers in America is based on the ratings and recommendations of lawyers with experience working in the same practice areas as those receiving recognition.
Peter L. Peterson has been included since the publication’s inception in 1983 and currently is listed in the practice areas of Trusts and Estates, Non-Profit/Charities Law, Tax Law, and Employee Benefits (ERISA) Law. In addition, Mr. Peterson has been selected as the 2013 Best Lawyers in America Lawyer of the Year in the Wichita Area for the practice area of Trusts and Estates.
John W. Mize has been listed since 1997 in the practice area of Health Care Law. Previously, Mr. Mize was selected as 2011 Best Lawyers in America Lawyer of the Year in the Wichita Area for the practice area of Health Care Law.
Eric N. Anderson is newly listed in the practice areas of Business Organizations (including LLCs and Partnerships) and Trusts and Estates.
Sep 20
Clark, Mize & Linville, Chartered, is pleased to announce that Eric N. Anderson has been selected by his peers for inclusion in the 2013 edition of The Best Lawyers in America®. Eric was selected in the areas of Business Organizations and Trusts and Estates. Best Lawyers is generally regarded as the definitive guide to legal excellence in the United States.
Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 4.0 million confidential evaluations by fellow top attorneys).
Feb 23
Clark, Mize & Linville, Chartered recently obtained a defense verdict from a jury on behalf of a Kansas county in a case in which the plaintiff contended that the county created a hazardous road condition that caused a motor vehicle accident. The plaintiff claimed permanent injuries and sought damages of more than $1 million. Peter S. Johnston and Jared T. Hiatt successfully tried the case for the firm and on behalf of the county.
Feb 23
Clark, Mize & Linville, Chartered, is pleased to announce Peter S. Johnston has been elected as a member of District Judicial Nominating Commission for the Twenty-Eighth Judicial District of Kansas. The purpose of the district judicial nominating commission is to nominate persons for appointment to the office of district judge and to appoint persons to the office of district magistrate judge in judicial districts that have adopted the nonpartisan method for the selection of judges. The Twenty-Eighth Judicial District is comprised of Ottawa and Saline Counties.
Feb 12
Clark, Mize & Linville, Chartered, is pleased to announce that Dustin J. Denning has been installed as president of the Kansas Association of Defense Counsel for 2012.
The KADC is a statewide nonprofit organization of Kansas lawyers
who devote a substantial part of their practice to the defense of litigated
cases and has a membership of more than 230 attorneys. Dustin has served on the board of directors of the KADC since 2005.
