An earlier lawsuit, filed in 2014 by former East Middle School secretary Sue Macy, concluded with Macy receiving a settlement for an undisclosed amount.
Universal Construction served as the construction manager for all of the R-8 building projects.
In the newest lawsuit, filed August 25 in Jasper County Circuit Court, Spencer Nicodemus' parents, Chris and Kathryn Nicodemus, Universal is lifted as a defendant, along with Gared Holdings, LLC, GH Post Sale, LLC, Carroll Seating Company, Inc., and Sapp Design Architects PC.
The goal that killed Spencer Nicodemus was "unreasonably dangerous when put to a reasonably anticipated use," according to the petition.
Carroll Seating entered into a contract with November 6, 2014 to provide and install the equipment. The collapsed goal was part of a change order that added four overhead basketball goals, backboards, and assemblies.
Universal Construction signed off on the equipment without ever testing it and did not do an inspection after one year as it was obligated to do.
The lawsuit, which was filed by Joplin attorney Scott Vorhees, asks for reasonable damages and costs.
Sue Macy Lawsuit
Joseph Weidhaas of Voorhees' law firm, Johnson, Vorhees and Martucci was the attorney of record on Sue Macy's lawsuit against Universal Construction, Branco Enterprises, and the Glen Alspaugh Company.
Macy was injured when cabinets collapsed in the office area at the new East Middle School. The petition alleged that the cabinets were not securely fastened to the wall.
When the cabinets fell on her, Macy suffered injuries to her head, neck, shoulders and back, according to the lawsuit.
The case was scheduled to come to trial October 7, 2016, when the sides reached a settlement and the case was dismissed June 29, 2016.
Previous Posts
Joplin High School senior Spencer Nicodemus killed in accident at Irving Elementary School
Basketball goal that killed Spencer Nicodemus was substandard
Ridder: We are investigating what happened to Spencer Nicodemus
Remembering Spencer Nicodemus
Spencer Nicodemus obituary
Cabinet collapses; East Middle School secretary injured
7 comments:
Sue was actually injured in the NEW East Middle School office not the temporary school.
You are right. I will correct the error.
I find it very, very interesting that R-8 was not named in either case! Let's see here, Voorhees is/was the attorney in both cases. A member in the legal firm of Johnson, Voorhees and (wait for it) MARTUCCI. Patrick and Jen-Jen would have loved to receive some windfalls generated for the firm by these suits, but I guess there may be a little impropriety in such an action. A sitting school board member profiting from lawsuits against the school system, I'd say! So my point, in my opinion, I feel that anyone using this firm looking for recompense against wrongs done to them while at R-8 WILL NOT receive proper representation. R-8 dodged a friendly bullet here. An ethical attorney (yeah, right)would have mentioned this right off the bat. I hope he did, maybe the plaintiffs wanted it this way.
I found it odd that the school district wasn’t mentioned in the lawsuit, it all makes sense now.
There is no conspiracy. The school district didn't install the basketball goal, simple as that. Please stop looking for things that aren't there.
Did Mike Johnson sign off on those? He should be in (more) legal trouble for signing off on not only the wrong color gym seats but other shoddy workmanship where corners were cut just to hurry things along. I don't think the district needs to be in trouble but some people who used to work in the district should be in all kinds of trouble.
@2:26 I never said there was a conspiracy. I just feel, in my opinion, that anyone who tries to use JVM for any recompense against R-8 or wrongs while on the property, will not receive proper representation. Now IF R-8 HAD been listed, I feel that Ms. Martucci would have had to vacate her seat on the BOE.
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