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|Court||State Court of Missouri|
|City||Kansas City, Leawood|
|Date||2012, August 13|
This is a case where being fighting hard for the proper venue made a difference in the case.
The accident occurred in Leawood, Kansas when a teenage driver ran a red light while he was texting on his cell phone. Our investigation revealed that the defendant actually resided in the State of Missouri and we filed suit there. Because the plaintiff was also a resident of the state of Missouri, there was no complete diversity (where the parties of residents of different states) making removal to federal court improper. Federal courts are generally viewed by insurance companies as a more favorable venue, but federal courts are courts of limited jurisdiction and can only hear specific types of cases (federal question or diversity jurisdiction).
The plaintiff was cut out of his car with the jaws of life and transported to the hospital. While he was released from the hospital that day, he continued to have pain and limitations due to a bone fragment near where the clavicle and sternum meet. After a host of PT, chiropractic and other care, his surgeon was only able to suggest surgery sometime in the future.
The medical bills were approximately $16,500, but only $8,000 was paid by the health insurance company. The plaintiff had approximately $6,000 in lost wages.
Past results afford no guarantee of future results and every case is different and must be judged on its own merits.