SALINA, Kan. (AP) - A Salina family whose 12-year-old daughter died several months after being shocked while playing in a rainstorm plans to appeal a district judge’s ruling dismissing their lawsuit against the city.
Bill Elliott, a retired senior judge assigned to hear the case brought by the parents of Jayden Hicks, entered a summary judgment on Sept. 23 in the city’s favor. The case was set to go to trial on Jan. 18.
Michael Rader, a Leawood attorney who represents Jonni Cullison and Jaymie Hicks, told the Salina Journal (https://bit.ly/1hhIXpo ) in an email on Friday that his clients are appealing.
“Jayden Hicks’ parents respect the judicial process and the court,” Rader wrote. “However, they are nonetheless disappointed with the recent ruling dismissing the city of Salina from the lawsuit. Jayden’s parents have timely filed their Notice of Appeal requesting that Kansas’ Court of Appeals review the judge’s ruling.”
Topeka attorney James Nordstrom, who represents the city, did not respond to an email and phone call seeking comment.
Jayden Hicks was 11 in May 2013 when she came into contact with the metal cover of an in-ground electrical junction box while playing with friends near a downtown plaza. The box had been installed without a grounding wire and contained damaged wires.
Jayden underwent months of hospitalization and rehabilitation before she died in December of that year.
Two private companies that were co-defendants in the $10.5 million civil suit agreed to a confidential settlement with the family in March.
Unlike those companies, municipalities are protected by the Kansas Tort Claims Act, which provides broad protection to cities from claims that arise in connection with the use of recreational facilities. The only exception is when a city’s actions constitute “gross and wanton” negligence.
In his order, Elliott wrote that the act’s recreational use exception would protect the city from claims of ordinary negligence for incidents that occurred in Campbell Plaza and the adjoining area.
“Even though all parties agree that a fault or short in electrical wiring caused the junction box in question to become electrically charged, the parties also agree that before Jayden’s death the city of Salina was not aware of the fault or short that caused Jayden to be electrocuted,” the judge wrote.
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Information from: The Salina (Kan.) Journal, https://www.salina.com
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