NEWS & EVENTS
Wilcox Assists with Defense of Morgan Truck Body, LLC
Dysart Taylor Managing Director John Wilcox helped secure summary judgment, which was subsequently affirmed in the Kansas Court of Appeals, in favor of Morgan Truck Body, LLC. The judgment was a result of the Lawson v. Ryder Truck Rental, Inc., et al. lawsuit which was originally filed in 2011.
According to Lawson, he suffered serious personal injuries in an accident involving a truck lift gate, which occurred on November 7, 2007. After filing a workers’ compensation action against his employer, Lawson filed a lawsuit against a number of parties on November 6, 2009, one day before the expiration of the two year limitations. However, Lawson failed to name Dysart Taylor’s client, Morgan Truck Body, who was the manufacturer of the truck box and the installer of the lift gate.
Lawson then brought Morgan into the lawsuit on January 27, 2011. Lawson claimed that he did not learn of Morgan’s potential culpability until the deposition of a codefendant which took place on December 10, 2010.
Morgan ultimately filed a motion for summary judgment asserting that Lawson’s claims were untimely under K.S.A. 60-513. Lawson argued in response that under the statute, there was a factual issue as to whether the Morgan’s involvement was “reasonably ascertainable” on the date of loss. The District Court granted summary judgment in Morgan’s favor, finding that Lawson’s injury and the mechanism of injury were known immediately following the accident. There was no evidence of misrepresentation, concealment or omission the part of Morgan. An appeal followed.
After briefing and oral argument, the Kansas Court of Appeals affirmed the District Court. The Kansas Supreme Court then denied Lawson’s petition for review on November 4, 2013. John Wilcox teamed with Jason Sweet of Reger Rizzo & Darnall (Philadelphia, Penn.) in representing Morgan in Lawson v. Ryder Truck Rental, Inc., et al., 2013 WL 2321195 (Kan. App.).
John Wilcox has substantial litigation experience in the areas of transportation and logistics, products liability, commercial disputes, employment and criminal law. He is a trained mediator and is available to provide mediation services in a wide variety of civil matters. John has represented motor carriers, drivers, 3PLs, shippers and manufacturers in wrongful death, serious personal injury and cargo claims. He has also assisted clients with administrative and compliance issues.
Contact John Wilcox at jwilcox@dysarttaylor.com or 816-931-2700.