Skip to main content
Contact Us (816) 421-6868
Dempsey Kingsland Osteen Logo
Contact Us for a Free Consultation (816) 421-6868
  • About Us
    • Leland F. Dempsey
    • Robert D. Kingsland, Jr.
    • Jason P. Osteen
    • Sydney Dowell
    • Diane Plantz, JD, MD
    • Legal Staff
    • Medical Team
    • Mission Statement
  • Practice Areas
    • Medical Malpractice Attorneys In Kansas City
      • Plastic Surgery Malpractice
    • Catastrophic Personal Injury
    • Kansas City Wrongful Death Attorney
  • Case Results
  • Testimonials
  • Blog
  • Contact Us

Client Sustains Multiple Injuries from Fall When Manhole Cover Collapses Under Her Weight – $450,000 Settlement

Oct 29, 2018 | By Dempsey Kingsland Osteen | Read Time: < 1 minutes | Fall Injury Cases

Our client, a 41-year-old female, sustained left knee and bilateral arm injuries when she fell after stepping on a manhole cover which collapsed under her weight.  The manhole was located in a high traffic sidewalk area in a commercial district of Kansas City.

At the time we filed suit we did not have information about how the manhole cover had been damaged so that it would collapse when stepped on.  Our investigation revealed that the subject manhole was located within a two block area that had recently undergone extensive renovation.  We identified the name of the general contractor for this project and the subcontractors. We developed proof that heavy construction equipment had been used in connection with demolishing the sidewalk surrounding the manhole. We also developed proof that neither the general contractor nor the subcontractors had placed any barrier protection to shield the manhole and the manhole cover from damage during the demolition phase of the renovation even though they were contractually required to do so.  We filed suit under the theory that the only logical explanation for the damage to the manhole cover was from the demolition work performed in connection with the renovation.  The general contractor and all subcontractors denied responsibility for the damage to manhole cover and we were not able to prove other than by circumstantial evidence how or when the cover had been damaged. Nevertheless, we were able to develop proof that manhole covers such as the one at issue were and are durable and they only sustain significant damage when exposed to extreme force. We were also able to develop evidence that the damage to the manhole cover appeared to have occurred during the period of time in which the renovation work was conducted.

The case settled at mediation for $450,000.

Author Photo
Dempsey Kingsland Osteen

The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.

Rate this Post
1 Star2 Stars3 Stars4 Stars5 Stars
Loading...
Share:
  • Categories

    • Amputations
    • Auto Accident
    • Birth Injuries
    • Brain Injuries
    • Case Results
    • Construction Site Injuries
    • Distracted Driving
    • Failure to Diagnose
    • Failure to Monitor
    • Fall Injury Cases
    • Hospital Cases
    • Hospital Negligence
    • Medical Malpractice
    • News
    • Notable Cases
    • Nursing Home Abuse
    • Personal Injury
    • Wrongful Death
    • Contact Us * Required Fields

  • Schedule a free consultation * Required fields
  • Hidden

Dempsey Kingsland Osteen Logo
  • 1100 Main St
    #1860
    Kansas City, MO 64105
    Map & Directions

    Office Hours:
    M-F: 8:30 AM – 5:00 PM
    Sat: Closed
    Sun: Closed

816-421-6868

  • Home
  • Firm Overview
  • Practice Areas
  • Blog
  • Contact Us
  • ©2023 Dempsey Kingsland Osteen
  •  | All Rights Reserved
  •  | Sitemap
Site By:
  • Contact Us for a Consultation Schedule your free consultation.

Accessibility Toolbar

  • Powered with favoriteLove by Codenroll