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Archive for Tuesday, November 1, 2011

Family of Lecompton man who died in 2009 motorcycle accident files lawsuit against other driver

November 1, 2011

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The family of a 21-year-old Lecompton man who died in a 2009 motorcycle accident on the South Lawrence Trafficway is suing the driver of the other vehicle involved in the crash.

The administrator of the estate of Jason P. Kenney is seeking damages in excess of $75,000 and other costs in the case from Karissa A. Pinegar, who was driving a vehicle that struck the motorcycle on which Kenney was a passenger on Nov. 6, 2009, near the Lecompton interchange of the Kansas Turnpike. According to a 2009 obituary, Kenney, who was a carpenter, is survived by a daughter.

According to the suit, which was filed last week in Douglas County District Court, Kenney and driver Matthew Smith were traveling south on the SLT, which is Kansas Highway 10, when the motorcycle was struck by Pinegar’s northbound vehicle. A Kansas Highway Patrol report after the accident said Pinegar, who was 21 at the time and from Lawrence, was trying to turn left into the toll plaza.

Kenney died days later as a result of the accident. Kenney’s attorneys are seeking economic damages due to loss of parental care and earnings Kenney would have provided in lieu of his death, plus expenses for his medical care before he died and reasonable funeral expenses. No hearings had been scheduled in the case as of Monday.

Comments

Ron Holzwarth 2 years, 5 months ago

I can tell everyone this: I know from personal experience that being in an accident is a horrible nightmare, no matter whose fault it was.

Even if it wasn't your fault you will always wonder, 'Could I have done anything differently?'

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Gandalf 2 years, 5 months ago

Sounds like your logic is wrong as usual.

Officers said Smith and Kenney were headed south on K-10 when the motorcycle was hit by a car heading north and trying to turn left into the Lecompton turnpike toll plaza. It says the cycle was hit by the car not the cycle hit the car. Sounds like she turned and hit them from the side. No way that would not be her fault or could be blamed on the cycle.

Lost lifetime wages at 25,000/year for 40 years would be 1,000,000.00. That's not even counting for inflation or raises.

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jaywalker 2 years, 5 months ago

Have to see how this plays out and I suspect it boils down to the accident report. With the limited info, I hate to see this type of litigation. Sounds like it was purely an accident, in which case I don't see how this justifies three quarters of a million. Unfortunately, we've become a society where there's always someone to blame and/or sue. Particularly when a life is taken.
If Pinnegar was grossly negligent, perhaps dialing a cell or sending a text or drinking, then I could see some justification. Otherwise, not so much.

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Ron Holzwarth 2 years, 5 months ago

I used to ride a motorcycle a lot, and I especially enjoyed riding on the dirt, that is, in pastures with no tracks or trails of any kind. There were certainly no cars there, this was before 4 wheeling became popular. Besides, where I rode 4 wheelers would have been at the bare minimum, chased off by the sheriff. If the sheriff didn't chase you off first, a farmer with a gun would be after you!

Motorcycles were just fine with the farmers, provided you did not scare their cattle, which I took pains to avoid doing. Actually? We used to round up cattle using motorcycles, they were much less trouble than doing it with horses, although some ranchers still use them.

And, since all of my street riding was on little traveled dirt roads and highways where just about everyone knew each other, people always took great pains to make sure that they didn't hurt their friend's kids.

From appearances, people here drive automobiles as though they don't personally know the people riding motorcycles. And for good reason - they don't! It's always best to drive your car as though every single motorcyclist is either your neighbor, cousin, niece, nephew, uncle, or aunt.

And about not seeing a motorcycle, that is so very true. The A pillar, that is, the pillar on each side of the windshield of your car, can easily obscure a motorcycle. I once had the horrifying experience of an entire Ford Explorer hiding behind the A pillar of a vehicle I had not driven much. There was no accident, it was not even close, but it easily could have been a fender bender.

Now, I know I have to move my head to prevent that from ever happening again.

I love riding motorcycles, but on busy streets I know I had best never do it, because on a motorcycle I have no fear at all. But from behind the wheel of a car, I certainly do have a terrible fear of hurting or killing someone by simply not paying attention. Passengers in cars, motorcyclists and their passengers, people on bicycles, and pedestrians are all counting on you to take care when you're driving.

Their lives are literally in your hands. Is their trust well placed?

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Bassetlover 2 years, 5 months ago

I know the family of the young woman who caused this accident. She is incredibly decent, as are her parents. It was an accident, plain and simple. No texting involved, no putting on her makeup. The majority of us, day in and day out, are on "auto-pilot" when we're driving; we wonder how we got from Point A to Point B without killing someone. The guilt she feels will haunt her every day for the rest of her life. But for the grace of God go each of us every single day when we get behind the wheel. Blessings to BOTH families.

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bd 2 years, 5 months ago

The only winner here is the lawyers!

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bootlegger 2 years, 5 months ago

Very risky to ride a motorcycle these days....................quick way to the graveyard....

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klumsom 2 years, 5 months ago

I have ridden motorcycles for many years, and so far I have made it to 75 years old and am still ridding. I tell anyone that you have to ride like you are invisible. I will guarantee sooner or later someone will turn in front of you.

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photobuff 2 years, 5 months ago

It is not all about the money. This was a tragic loss for the family who lost their only child. I am sure that it was an accident but the child who is now left without a father to help support him/her deserves to be compensated for the loss of his/her father.

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ModerateOne 2 years, 5 months ago

Of course it is about money. It is about all of the money that the daughter won't receive in her father's support, love, and care.

If you go into a store and break all of the merchandise by accident, you pay for it. Why should driving a car be any different?

You break it you pay for it.

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droppinplates 2 years, 5 months ago

I realize the article says in "excess of $75,000" but that is not even close to suing to become wealthy! And it doesn't matter what the girl's intentions were, she screwed up by turning in front of an oncoming motorist and someone died because of it. They have every right to sue for what they are suing for and she's gotta deal with it regardless of what personal hell she may or may not have been in. She's still alive. The other guy is not.

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fan4kufootball 2 years, 5 months ago

I don't know the exact details of the lawsuit but in my opinion it is one thing to sue for damages, loss of wages, etc but it's another thing to sue to become "wealthy" (which is what we see a lot of these days). Not saying this is the case here....just my opinion on all lawsuits.

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Liberty275 2 years, 5 months ago

Is anyone here privy enough to the details to fill in details of the accident, including the conclusions of the officers that investigated the accident?

Also, whoever said "Turning left in front of a motorcyclist isn't "an accident"", do you really think a 21 year old girl wants to cut in front of a motorcycle, possibly maiming or killing another human? The girl is living in her own little hell right now, I'm sure you don't need to make it worse.

Condolences to the victim's family. I hope you can find peace.

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The_Original_Bob 2 years, 5 months ago

"nope. sorry. it is about money. why didn't they sue back when this happened. when emotions were high. now that time has gone by, they out of the blue want to sue for a large amount of money???? is that going to make the dead person come back to life? no it isn't. it's hard to see people on motorcycles sometimes on the highway. trust me. it was an accident. and it makes me sick that these people are trying to weasel money out of a person who never meant to hurt anyone. besides they won't get a dime hopefully. " Newmommie

Well, I got my full amount of dumb for the day. Goodness.

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Gandalf 2 years, 5 months ago

newmommiebrazil (anonymous) says… Former colleague of abortion doctor Tiller blames state for his death i blame the state too. they turned a blind eye. why abortion is legal in this country blows my mind. girls especially teenagers should have to face the reality of giving birth and raising a child if they are so careless to have one to begin with. care to chime in liberals?

October 30, 2011 at 1:04 a.m. ( permalink | suggest removal )

Let me get this straight new momma. A teenage girl who didn't mean to get pregnant, should face the consequences of her actions. Someone who kills someone else who kills another person, because they "didn't mean to" should not?

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newmommiebrazil 2 years, 5 months ago

nope. sorry. it is about money. why didn't they sue back when this happened. when emotions were high. now that time has gone by, they out of the blue want to sue for a large amount of money???? is that going to make the dead person come back to life? no it isn't. it's hard to see people on motorcycles sometimes on the highway. trust me. it was an accident. and it makes me sick that these people are trying to weasel money out of a person who never meant to hurt anyone. besides they won't get a dime hopefully.

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5angels 2 years, 5 months ago

Just to educate a little ... I wish people would STOP assuming it's all about the money! It's about a family who lost a loved one, a provider, a father ... Being in a similar situation once upon a time (and thank GOD no one died) ... lawsuits are almost always filed. Insurance does pay for vehicle damages and part of the medical, but without a lawsuit, there is a chance the family who lost their loved one would still "owe" for doctor bills, funeral expenses, etc. AND not to mention, his loss of earnings to care for his daughter! Who cares for her now? It IS in their best interest to have an attorney ... insurance companies are here to make money, and without proper representation the victim can easily lose out. TRUST ME, lawsuits are no piece of cake and the emotional trauma, time, your personal loss of work time to deal with a lawsuit and the time it takes for an insurance company to settle can be exhausting, disheartening and prolongs grieving. I wish the family my condolences, my prayers. WE ALL MUST PAY MORE ATTENTION WHETHER WE ARE ON A MOTORCYCLE, A BICYCLE, A CAR, A PEDESTRIAN ... It takes everyone on the road to be aware of not only OUR driving, but those of others ... GodSpeed ...

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Jeteras 2 years, 5 months ago

yea,, real sure she got up that day wanting to kill someone.. geez

She mustve not had insurance,, usually there are things in policies that cover this??

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OonlyBonly 2 years, 5 months ago

Turning left in front of a motorcyclist isn't "an accident" and it's not always about "the money." Automobile drivers don't look, don't think, don't care!

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bootlegger 2 years, 5 months ago

Its all about the money...........

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newmommiebrazil 2 years, 5 months ago

i remember this accident. it was an ACCIDENT. but with this economy and the recession. one has to do what ever it takes to make money.

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