Judge allows statement in fall case
The mother of a Kansas University student who was severely injured in a fall from a roof will be allowed to make a statement in court – without it being reviewed in advance.
Douglas County District Judge Robert Fairchild made that ruling Friday during a hearing in a civil lawsuit filed two years ago by Beth Driessel and her daughter, Sara Anne Driessel.
The Driessels sued Lake Quivira residents David K. Jones, his wife, Misti L. Jones, and their son, Kyle Jones. The Joneses owned the house 1045 Tenn. and were renting it to their son in October 2004.
That was when Sara Driessel, who was attending a party, fell off a back porch roof and suffered debilitating injuries. A door opened onto the porch, which didn’t have a railing. Court records indicate Sara Driessel’s blood-alcohol content shortly after the fall was 0.241, which is more than three times the legal limit of 0.08.
The parties in the lawsuit had reached a settlement in which the Driessels would receive $552,000 in damages, according to court papers. Part of the settlement allowed Beth Driessel to read a statement – said to be seven pages long – about the family’s losses. It is not supposed to insult or berate the Joneses.
The Joneses’ attorney, Ian M. Bartalos, of Kansas City, Mo., wanted to review the statement in advance. Patrick Miller, an Overland Park attorney for the Driessels, said Beth Driessel would not allow that review. He said the statement doesn’t insult or berate the Joneses.
Fairchild ruled that the agreement doesn’t call for an advance review. He said the statement could be read, and if Bartalos wanted to object to parts of it as it is read, the judge would rule on those objections.
“If you object, I will sustain it if appropriate,” Fairchild told Bartalos.
Fairchild also cautioned the Driessels, saying the courtroom is not to be used to extract revenge. “We’re not an eye-for-an-eye type of place,” he said.
A new hearing was scheduled for 1:30 p.m. next Thursday.







