By Diane Krizek
On May 4, Kurt Pycior of Kansas City petitioned a personal injury case against defendants RED Development LLC, RED Lee’s Summit East LLC, RED Design Services LLC, RED Summit Fair LLC, Summit Fair Development, Inc., CBL Lee’s Summit East LLC, CBL Lee’s Summit Peripheral LLC, Sahara Pavilion South SC LLC, Bank of the West, 740 Parkway Investors LLC, and City of Lee’s Summit.
Pycior claims to have suffered from physical and neurological injuries from a fall off a retaining wall located at 740 NW Blue Parkway in Summit Fair Shopping District in Lee’s Summit on April 18, 2017. He alleges reckless disregard for his safety and health because the wall was not equipped with any safety feature to prevent his fall. Pycior is asking for punitive and exemplary damages in excess of the $25,000.00 he has spent for his medical bills.
All of the defendants, at one time or another, had a part in developing, designing, planning, constructing, owning, managing and/or inspecting the retaining wall prior to Pycior’s injuries.
After falling from the retaining wall located in a parking lot, the petition states that Pycior was taken by ambulance to Research Medical Center where he was assessed for multiple traumatic injuries. And he now suffers “from an acetabular fracture, a right olecranon fracture, bilateral rib fractures with pneumothorax which required chest tubes, a pelvic hematoma, a right frontal forehead laceration and hematoma.”
Pycior remained at Research Medical for 23 days and underwent several surgeries and rehabilitation therapies according to the petition. He now suffers from Major Neurocognitive Disorder due to a traumatic brain injury that was left him with “intermittent irritability and deficits in reasoning, processing speeds, concentration, attention and memory,” rendering him unable to work.
In 2008, Bank of the West entered into a cross-easement with the CBL and RED companies which provided for the creation of additional parking spaces on the Lower Tract which was graded much lower than the parking lot on the Bank Tract. The change in elevation required the construction of the retaining wall at issue which was built between 2009 and 2010 to separate the parking lots between the Lower and Bank Tract.
The petition alleges the wall was not built in compliance with all safety standards, City Code, City Ordinances, and building codes because it does not have a guard, fence or barricade which is required for a retaining wall that on the high side is within ten feet of a walking surface and is over thirty inches above grade on the low side.
The petition is alleging three counts of premises liability, negligence and negligence per se against all the defendants except the City of Lee’s Summit which has an allegation count of negligent inspection.
All of the defendants have an alleged count of aggravating circumstances and punitive damages for “the willful, wanton and malicious acts of Defendants”, “Defendants’ complete indifference to and/or conscious disregard for the health and safety of Plaintiffs, and others similarly situated, justifying the submission of punitive damages in this case.”
Pycior is represented by Colin William McClain and Kenneth Blair McClain II of Humphrey, Farrington & McClain, P.C. and Chelsea McClain.
Circuit Court Judge Kenneth R. Garrett has been assigned to the case and a court hearing is scheduled for Sept. 10 at 8:30 am.