Archive for Wednesday, January 9, 1991


January 9, 1991


District court

Civil case proceedings

The Lawrence Bus Company Inc. has filed an answer to a lawsuit seeking damages in excess of $50,000 filed by a Salina woman. The woman, Mary Lisbeth O'Brian, 22, alleges that she suffered permanent injury after she got off a Lawrence Bus Co. bus and was struck by a car driven by Richard M. McFarlane, Lawrence. The suit also alleges that David Swartz, the bus driver, was negligent in double-parking in a lane of traffic to unload passengers then motioning to O'Brian that it was safe to cross in front of the bus. The answer states that the bus company was not negligent, and that no damages should be awarded. The bus company also is demanding a trial by jury.

The City of Lawrence has answered a lawsuit seeking damages in excess of $50,000 filed by a Wichita woman, who alleges city firefighters were negligent in parking a fire truck in a no-parking zone. The woman, Collette R. Manzanares, 24, in 1989 was driving behind a recreational vehicle on Wakarusa Drive near 15th Street, when the vehicle ahead of her swerved suddenly to avoid colliding with a fire truck that was parked on the east side of Wakarusa Drive. Manzanares alleges she could not avoid hitting the fire truck and that she suffered severe physical and emotional pain and permanent disability from the accident. In its answer, the city states that the fire truck did not display any warning devices or flashers, but that firefighters were not negligent in parking the truck at the location. The city also filed an $18,000 counter-suit against Manzanares, alleging that her driving was negligent and that she caused extensive damage to the fire truck.

John E. Lyons, Topeka, has filed a lawsuit in excess of $10,000 against Laciece Restaurant, 745 N.H., and its owner, A. Charmchi, Lawrence, alleging a waiter at the restaurant served Lyons crab meat after he had informed the waiter that he was highly allergic to crab meat. Lyons alleges that he ordered an item on the menu after being told by a waiter that it could be prepared without crab. As a result of the restaurant's negligence, the lawsuit states, crab was in the item served to Lyons and that he suffered a severe allergic reaction, emotional pain and medical expenses. Lyons also is damanding a trial by jury, the lawsuit states.

Mark A. Baab, owner of the Body Boutique, 925 Iowa, filed a lawsuit in excess of $10,000 against the former owner of the business, Elsie Sells, Chase, alleging that Sells had not given authorization to a collection agency to release compensation funds to Baab after May 1990. The agency, Belmont Associates Inc., is holding compensation for accounts receivable since May, the lawsuit states. Baab alleges that Sells has violated the January 1990 purchase contract for Body Boutique. The lawsuit does not state the compensation amount that has been withheld from Baab.

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