Baker Sterchi Cowden & Rice successfully defended a multimillion dollar claim, seeking actual and punitive damages. The Defendant was the owner of a convenience store and plaintiff alleged PTSD from being fired upon by a private armed security guard on its property. The security guard fired 12-13 times into a vehicle in which plaintiff was a passenger. The security guard believed an occupant in the vehicle was shooting at him. In reality, the shots fired on the security guard were from a drive-by shooter. Plaintiff claimed the security guard was the Defendant’s agent due to language contained in a subcontract for security services between the private security company that employed the security guard involved in the incident, and our client, as well as language contained in an email between the two. We argued the security guard was not our agent. Two weeks prior to trial plaintiff demanded $3M. After a four day jury trial in Kansas City, Missouri, in which the Judge allowed plaintiff’s actual and punitive damage claims to go to the jury, the jury returned a defense verdict.
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