Nikki Cannezzaro Obtains Summary Judgment in Cattracker Bus Accident Case

On November 18, 2006, two passengers riding on top of a double-decker K-State fan bus, known to many as the Cattracker, collided with an overpass in Lawrence, Kansas resulting in the death of one passenger and a traumatic brain injury to the other passenger. The families of both passengers ultimately filed suit against several defendants, including the driver of the bus, the owner of the bus, several friends of the owner of the bus who were traveling on or with the bus on that date, the dealership that is alleged to have sold the bus, and several individuals who helped transform the bus from school bus to the Cattracker. The plaintiffs' alleged multiple theories of recovery against the defendants, including various claims of negligence, negligence per se, negligent entrustment, vicarious liability through agency theories and/or a joint venture/enterprise, product liability, and strict liability, among others. Ms. Cannezzaro filed a Motion for Summary Judgment on behalf of the firm's client, an alleged sponsor of the November 18, 2006 trip and participant in many of the tailgating activities surrounding the Cattracker. After many defendants, except the driver and dealership, settled out, the trial court granted Summary Judgment finding that the firm's client owed no duty to the passengers and cannot be liable as a matter of law. See Green/Orr v. Simonsson, et al., Case nos. 2007CV346 and 2007CV365 , in the District Court of Douglas County, Kansas.