John Franke obtains defense verdict in ATV accident case 

John Franke recently obtained a defense verdict in the case of Johnson v. Hatfield, et al., Case No. 06CV07957, following a two week jury trial in Johnson County, Kansas. In Johnson, plaintiff sustained a closed head injury, temporal and basilar skull fractures, memory loss, permanent hearing loss and facial nerve damage at the age of 15 as a result of the ATV accident. At trial, Plaintiff claimed that defendants negligently entrusted the ATV to plaintiff, negligently permitted plaintiff to operate the ATV without an appropriate DOT approved motorcycle helmet, and without appropriate training, instruction and/or supervision. Plaintiff further claimed that defendant Hatfield failed to observe and/or enforce safety rules established by the family entity that owned the ranch, prohibiting the recreational use and operation of the ATV and by negligently failing to secure the key to the ATV to prevent its operation. Plaintiff sought damages from the jury in excess of $3.25 million. However, during deliberations the jury never reached the issue of damages as it found none of the defendants to be at fault.