The firm successfully represented several families living near the American Disposal Services, Inc. near Scammon, Kansas. To date over $1,000,000 has been paid by ADS and its successors to these families as compensation for nuisances created by the landfill operation.
In 2003 the firm sued American Family Mutual Insurance Company for denying under-insured motorist benefits to it's named insured by arguing that she was only a "rated driver" and, as she had moved from her parents home, was not insured. "Rated driver" is not defined in the policy and the client paid the full premiums. American Family ultimately paid the full limits of its coverage.
In 2004 we helped two children recover over $1,000,000 in workers compensation, liability insurance and underinsured motorist coverage. Their father, a young man in his own right, was killed in an automobile wreck in Girard, Kansas. According to eyewitness account, the driver of the other vehicle was traveling in excess of 85 miles per hour when she ran a stop light and slammed into the father's vehicle. Three people did in this horrific accident. Because their father was "in the scope of his employment" at the time of the wreck, the children are receiving workers compensation benefits. Through negotiation with the liability carrier (which only had $25,000 in coverage) and the underinsured motorist carrier, the children will receive over $1,000,000.
Menghini, Menghini & Mazurek was involved in an interesting case this year involving the Estate of Adolphs Long. Mr. Long died leaving a rather extensive estate to a friend and long time caregiver, Shelly. Mr. Long's "heirs" challenged the will attempting to argue undue influence and lack of capacity. Our motion for summary judgment on undue influence was granted and that claim dismissed. On the eve of trial the heirs dismissed the remaining claim.
In Kroenke vs. Wilbert we represented Monica Kroenke in the dissolution of an accounting firm. The dissolution would have been a simple math calculation but J.D. Wilbert sought to enforce a covenant-not-to-compete. The alleged non-compete agreement was, however, never reduced to writing and would have prevented Monica from practicing accounting in Southeast Kansas for over two years. On our motion for summary judgment the court held that a non-compete agreement must be in writing to be enforceable and throughout Mr. Wilbert's claim. The case was resolved quickly after the Court's order.
The firm continues to help those who have been injured in automobile accidents, slip and falls or as a result of medical malpractice. Divorce and child custody matters are also handled.
