$600,000 Settlement After Teen Driver Rear-End Crash and Defense Expert Exclusion in Johnson County
Won by DM Injury Law.
A rear-end collision by a teen driver near Leawood, Kansas aggravated the plaintiff's pre-existing neck condition and required surgery; after the court struck the defense liability expert one week before trial, the case settled for $600,000.
What happened
On a late-winter afternoon near the intersection of 113th Street and Nall Avenue in Leawood, Kansas, a teen driver rear-ended the plaintiff's vehicle. The impact was abrupt and hard enough that the plaintiff, who had pre-existing cervical issues, suffered a significant aggravation of those conditions along with head and brain injuries that ultimately required neck surgery.
The road to resolution was not straightforward. The defense disputed whether the collision, rather than the plaintiff's prior medical history, was responsible for the surgical-level injuries. That argument anchored the defense strategy through roughly 15 months of treatment and litigation in Johnson County District Court.
Attorney Brendan Lykins of DM Injury Law in Kansas City filed a motion in limine targeting the defense's liability expert. The court granted it, finding the expert's testimony excessively speculative. An exclusion of this kind through a motion in limine, rather than a Daubert challenge, is rare; here it happened one week before trial was set to begin.
With their expert gone, the defense revisited the numbers. They had previously offered $210,000 to resolve the case, an offer Lykins and his client rejected. After the exclusion ruling, the parties reached a settlement of $600,000.
Lykins described the expert's approach in blunt terms: "Their experts overreached in my opinion and became liabilities to common sense." The pre-trial settlement avoided the risk and expense of trial while securing nearly three times the defense's last offer.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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