Settlement reached in Topeka forklift lawsuit

? A settlement has been reached in a lawsuit filed by a woman who was injured after tripping over a forklift at Landon Arena in Topeka.

Shawnee County District Court records show the case filed against SMG — the Philadelphia-based group that manages the Kansas Expocentre — was removed from the court’s active docket Sept. 29 because of the settlement, the Topeka Capital-Journal reported Sunday.

Court records didn’t reveal the settlement amount.

Topeka attorney Thomas B. Diehl filed the lawsuit in August 2009 on behalf of Mysel Sherraden against Shawnee County, Cumulus Broadcasting and SMG. Cumulus Broadcasting and Shawnee County were eventually dismissed from the suit.

SMG replied in court documents that the forklift was “obvious and could have been avoided.”

Court documents said Sherraden sustained damages totaling about $130,783 from an accident that occurred when she tripped over a forklift and fell. She was attending a cooking school hosted by Cumulus Broadcasting, SMG and the Expocentre, which is owned by Shawnee County.

District Judge David Bruns had scheduled a settlement conference in the case for Sept. 28, the day before the settlement was entered into court records.

Sherraden’s lawsuit said she sustained serious personal injuries, permanent disabilities and permanent disfigurement. The suit sought judgment for damages that included past and future medical care and treatment; loss of earnings and earning capacity; and pain, suffering and mental anguish.