Noteworthy Events, Verdicts & Settlements

 

 

 

May 2019 |  Remington Smith and Matthew Gist received a defense verdict in a Jackson County jury trial alleging sexual harassment, disability discrimination, hostile work environment based on sex and disability, and retaliation.  The matter was Markle v. Lee's Summit R-7 School District.

May 2015 | Moore v. City of Adrian was a Bates County, MO jury trial for the wrongful death of the  eighty-one year old mother of 4 devoted adult children, the mother who suffered from severe dementia and fell from a shower chair while being tended by a c. n.a. at the City’s nursing home. The mother struck her head as a result of the fall and died several days later as a result of the fall . The verdict was for $200,000, and the case was settled after trial for $150,000.

February 2015 | Robert O. Jester and Wesley Carrillo of the firm assisted its client Muller Transportation, LLC in closing the acquisition of Milner O’Quinn Ford Sales, Inc in Harrisonville, Mo.  It was an over 10 million dollar transaction and the dealership is now known as Max Ford of Harrisonville, MO.

October 2014 | Defense Verdict in Jackson County, Missouri Circuit Court in Big A, LLC v. Payne, Damages alleged $2,899,818.17. 

March 2014 | Jury Verdict in Defendants favor on age discrimination, harassment and retaliation claim. Davidson v. City of Grain Valley, Missouri et al. United States District Court for the Western District of Missouri. ​

November 2013 | Mr. James H. Ensz represented Defendant's in an Auto accident and negligent entrustment case in Wyandotte, County. Defendants were brothers one who borrowed his brother's car and who was an unlicensed driver that admitted liability but contested the extent of Plaintiff's injuries maintaining the the perscribed 8-week treatment was sufficient for injuries sustained. 

May 2013 | Defense verdict in race discrimination and retaliation case. Representing the Cass County, Missouri Sheriff’s Department. Plaintiff claimed the Cass County’s Sheriff’s Department discriminated against the Plaintiff because of his race, African American and retaliated against him for making multiple complaints of race discrimination.

Obtained favorable defense summary judgment in state court for Hickman Mills School District. The claims involved the District's grant of tenure rights to teacher

James H. Ensz was the attorney representing Benton County 911 in its acquiring of a defense verdict in the matter of Stacey Watts et. al. v. Benton County 911, Benton County Missouri case no. 08BE-CC00019. The 8 surviving children of Loyce Huff brought a wrongful death action against the County’s 911 service for its alleged failure to timely follow up with its communication to the local ambulance service insuring timely treatment of Huff who had suffered a heart attack. It was the Huff Children’s contention that their mother would have been revived by paramedics.

July 2012 | Jury Verdict awarding $0 in military discrimination case representing the City of Adrian, Missouri. A former Police Officer for the City of Adrian claimed the City failed to reinstate him to his position after military service in violation of USERRA. The Jury awarded the Plaintiff $0 in damages.

April 2012 | Obtained favorable defense summary judgment verdict for corporate client in state court. Claims involved fraudulent misrepresentation and breach of contract.

Obtained a defense verdict for the City of Belton in a jury trial. The plaintiffs alleged personal injury due to the alleged dangerous condition of a fence at a Belton park and Plaintiffs had asked the jury to award nearly a quarter-million dollars in damages. The alleged injuries included a broken jaw and the loss of several teeth. The jury concluded that Belton has no fault for this accident.

A federal jury found in favor of the City of Lee’s Summit after a former employee sued for wrongful termination. A former animal control officer sued the City when she was fired for allegedly threatening her boss. A federal jury unanimously returned a verdict for the City after Matthew J. Gist proved the facts and evidence did not support a the officer’s claims of discrimination.

An officer for the City of Independence Police Department was unable to use race as a factor for his termination and was awarded nothing by a jury. Matthew J. Gist received a defendant’s verdict on behalf of the City of Independence Police Department after proving to a jury that the City terminated the officer for his mishandling of a DWI arrest and not for racial discrimination and retaliation as alleged by the plaintiff.

Three former employees of a Missouri jail district received a $310,000 settlement in a sexual harassment and discrimination case. Matthew J. Gist and Jessica M. Bernard represented the three former employees who were discriminated against by their supervisor.

August 2010 | Defense verdict sex discrimination and harassment case representing City of Lee’s Summit, Missouri. Plaintiff claimed the City of Lee’s Summit improperly terminated Plaintiff’ employment because of her sex (female)

July 2010 | Defense verdict in race discrimination case representing the City of Independence, Missouri. Plaintiff, a former Police Officer for the City claimed the City improperly terminated his employment because of his race (African American) and/or for complaining about race discrimination.

The Shareholders of Ensz & Jester, P.C., are proud to announce that Matthew J. Gist, has been evaluated by a panel of his peers in his primary area of practice and based on that evaluation of twelve indicators of peer recognition and professional achievement, has been selected as a Rising Star by the 2010 Super Lawyers publication in the area of Employment Litigation Defense from the States of Missouri and Kansas for a second year. We proudly recognize him as a part of the top 2.5% of young attorneys who have been in practice 10 years or less in the States of Missouri and Kansas who have received the recognition of being selected a Rising Star for both 2009 and 2010.

Robert Jester of Ensz & Jester presented a seminar on Recent Appellate Decisions of Interest to Public Entities on April 14, 2011 at the Headquarters of Missouri Public Risk with specific emphasis on the proximate cause trend in dangerous condition cases involving streets and highways that are alleged to be defective.

Ensz & Jester obtained Summary Judgment for the City of Belton. The City of Belton was sued by a former police officer who claimed that he was discharged due to his race. Brandon Mizner filed a summary judgment motion on Belton’s behalf detailing why the police officer failed to meet the elements of his claim. The Court agreed and granted summary judgment in favor of the City, avoiding the need for a trial.

February 2009 | Directed verdict in employment breach of contract case representing City of Independence, Missouri. Plaintiff, a fire fighter for the City claimed the City breached an employment contract by reducing the Plaintiff’s pay. The Judge directed a verdict in favor of the City at the close of Plaintiff’s case.

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