photo by: Kansas Highway Patrol

This diagram from a Kansas Highway Patrol crash report depicts the intersection of 14th and Church streets in Eudora where an accident occurred on Aug. 22, 2019.

A semitruck driver was reportedly eating a tuna sandwich when he struck a Eudora woman and her guide dog in August, according to a lawsuit filed in Douglas County District Court.

Kristina Jinkens, 49, who goes by Tina, through counsel Michael Healy of Lee’s Summit, Mo., filed the lawsuit against U.S. Auto Transport Inc., driver Steven Haynie and the City of Eudora in October.

The lawsuit alleges that Haynie parked the truck on 15th Street the morning of Aug. 22 while he went inside Subway, just east of Church Street, to get a sandwich.

Truck traffic is prohibited except for a few designated routes; however, there were no signs on 15th Street indicating that, but there were signs on 14th Street, according to the lawsuit. The city’s response confirms the lack of signage.

1400 Church St, Eudora, KS 66025

Jinkens, who is blind, was walking east to west within the southern crosswalk at 14th and Church streets around 11:15 a.m. when Haynie — allegedly eating his tuna sandwich — entered the crosswalk in the truck, the lawsuit says. The truck struck Jinkens, pinning her under the truck, but Haynie continued driving, dragging Jinkens underneath for some distance, the lawsuit alleges. A concerned motorist flagged Haynie down and caused him to stop, it says.

Jinkens was taken by helicopter to an area hospital for emergency treatment and surgery, and she spent several weeks in the ICU, requiring a ventilator to breathe, the lawsuit says. She had multiple surgeries and procedures. She suffered cuts, bleeding, bruising, fractures to her ribs and clavicles, a crushed pelvis and severe internal organ damage, the lawsuit says.

She has incurred medical expenses for her care and treatment and she will continue to incur expenses for the remainder of her life, the lawsuit says. She will require long-term care in daily living and occupational, physical and speech therapies, the lawsuit says.

In four counts, the lawsuit alleges liability of the company for which Haynie worked and negligence by Haynie, the company and the City of Eudora.

The lawsuit alleges that U.S. Auto Transport Inc. was negligent in hiring Haynie, “an individual who it knew or should have known had inadequate experience, training, knowledge and skill to safely operate and maintain the subject tractor-trailer.”

It also says the City of Eudora commissioned a “Church Street Corridor Study” in 2011, which recommended a “raised and signed pedestrian crosswalk at 14th Street”. The lawsuit alleges that the city did not implement any of the study’s safety recommendations. It argues that the city was also negligent in not installing a traffic signal at the intersection, a raised pedestrian walkway or signage regarding truck traffic.

In a response filed by attorney Michael Seck, the City of Eudora denies the allegation that it did not implement any safety recommendations of the Church Street study. The response says the plaintiff does not state a claim upon which relief may be granted, and that the city is immune from liability under a state law that lists several circumstances in which governmental entities are not liable for damages. The city also requests a jury trial.

Neither U.S. Auto Transport Inc. nor Haynie had filed a response to the lawsuit as of Monday.

The lawsuit says that a damages cap set out in a state law is unconstitutional, citing a 2019 case that originated in Sedgwick County, Hilburn v. Enerpipe Ltd. The Kansas Supreme Court ruled that the law’s imposed cap on damages was unconstitutional because it violates Section 5 of the Kansas Constitution’s Bill of Rights by intruding upon the jury’s determination of compensation owed to redress the plaintiff’s injury. If the law did apply, damages would be limited to $325,000.

The suit requests judgment against the defendants jointly and severally for “damages that a jury determines to be fair and reasonable, for both actual and punitive damages.”

The lawsuit does not mention Jinkens’ guide dog, but the Kansas Highway Patrol reported shortly after the accident that the dog was examined by a veterinarian and was not seriously injured.

Healy could not be reached for comment Monday. Seck said via email that he does not comment on his cases.