Jury assesses $11.1 million against corporation in favor of former Reno County resident
A Reno County jury awarded a former Reno County resident over $10 million in damages on Nov. 14, 2023, for medical expenses and non-economic damages resulting from a skid steer accident that occurred in 2013.
The $11,138,422.40 decision stemmed from finding that Kubota’s SVL-90 skid steer failed to adequately warn of a crush hazard that paralyzed the resident.
The jury trial arose from an accident that happened on farm ground in rural Reno County on Nov. 10, 2013. The plaintiff, Kolton Kincaid, was caught between the skid steer’s cab roof overhang and the grapple bucket while it was being raised, resulting in damage to his spinal cord.
Kubota denied any wrongdoing and fought the case for nearly eight years claiming that the general safety instructions the cab of the skid steer and in the operator’s manual were sufficient notice of the hazard. There were no specific warnings about the crush point, and the jury found that the general safety instructions were vague and inadequate given that Kubota either knew or should have known about the hazard in their safety testing and development of the SVL-90.
Kubota did not produce and present any safety testing information in its defense and offered $30,000.00 to settle the case before trial.
Kincaid declined the offer and opted for a jury trial. Attorneys Michael Wyatt and Jesse Tanksley with Mann Wyatt Tanksley Injury Attorneys successfully argued trial that the defendant was significantly at fault for the accident.
They argued that due to Kubota’s negligence, Kincaid sustained severe and permanent injuries that significantly affected his life and will require life-long medical treatment. The jury agreed and awarded Kincaid for his past and future medical expenses, future medical expenses and his pain, suffering mental anguish. The verdict was more than 370 times the amount that Kubota had offered before trial.
Wyatt said that he is grateful for the jury’s consideration, and he believes the jury understood the importance of Kincaid’s situation.
“I am thankful the jury saw through the defense team’s arguments. They tried to avoid responsibility for the accident and directed the blame at everybody else, but the jury didn’t let them get away with it. We are so grateful for our client’s courage and perseverance in allowing us to litigate and try his case to a jury,” Wyatt said. “We were blessed with an incredibly smart and compassionate jury that understood the value of what was taken from Kolton, despite his monumental efforts to rehabilitate and serve as an inspiration to every person he touches.”
He said he is thankful to Kincaid for being able to represent him and the ability to fight for his justice.
“We are so grateful for the opportunity to represent an exemplary and inspiring young man and ensure that he received justice, full compensation, and most importantly that his voice was heard,” Wyatt said.
Tanksley said the goal of taking Kincaid’s case to trial was to publicly hold Kubota responsible for its negligence and ensure that he recovered the money that he would need to pay for his medical treatment and interest in paraplegia advocacy and adaptive sports.
Tanksley said that he is also grateful the jury recognized the character of his client.
“I think we had a jury that saw the justice. Our client is a truly inspiring guy,” Tanksley said. “The witnesses and the jury were fair to him and realized the significance of what he lost.”
He also recognized the spirit of his client and said that he is a fighter who held the corporation to justice.
“For me, vindicating that our client, his willingness to battle, proved the company should have done better. They did not do everything they could,” Tanksley said. “When you sell equipment that will be used by teens and children, that’s rewarding.”
He concluded that he was proud to represent Kincaid and said he and his partners strive to serve fairness and respect to all their clients.
“Having a chance to represent someone like Kolton is an honor and a privilege,” Tanksley stated. “Fighting for a claim for him is what we do.”