A teenage girl who was burned when she fell into a fire pit reached a settlement in Buchanan County with the homeowner for $177,000.
The pit was still smoldering and the embers burned her feet and toes before friends heard her screams and pulled her to safety, he said.Plaintiff's Attorney: Daniel J. Matula, Daniel J. Matula P.C., Kansas City$177,000 settlementHollie Peek was 17 when she went to a party in July 2010 to join high school friends at a home in St. Joseph. The group was outside to watch a fireworks display. Peek arrived late, after the fireworks had concluded, and she was walking in the dark when she fell into a pit that had been dug in Lainie Bergner's land to burn trash, said the plaintiff's attorney, Daniel Matula of Kansas City.Premises liabilityPeek was taken to a hospital and then transferred to the burn center at University of Kansas Hospital. A doctor who followed up with her later, Dr. Michael DePriest, found she recovered well but still experiences tingling in her toes, Matula said. That condition is expected to go away with time.Court: Buchanan County Circuit CourtCase Number/Date: 11BU-CV02042/June 22, 2011Special Damages: $22,502 in medical billsJudge: Randall R. JacksonDaniel Hanson, of Overland Park, Kan., represented Bergner. Her insurer was Travelers Home and Marine Insurance Co. Hanson didn't return a call seeking comment by press time.Plaintiff's Expert: Dr. Michael DePriest, St. Joseph (plastic surgery)Caption: Hollie Peek v. Lainie BergnerThe defense raised issues of whether Peek was an invited guest on the property, which affects the level of the homeowner's duty to warn, and whether she bore some of the fault for her injuries, Matula explained. In part, the defense questioned whether Peek had been drinking. But, Matula said, she denied that she was drinking, and records from the emergency room showed no alcohol in her system.Defendant's Attorney: Daniel P. Hanson, Overland Park, Kan.
Defendant's Attorney: Daniel P. Hanson, Overland Park, Kan.
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