Case Name:	Kono v. D.R. Horton, Inc.
Case Number:	CVCV061592
Date of Trial:	10/04/2023		Venue:	Polk County
Casetype/Claims:	Construction site injury – gross negligence vs. co-employees and general negligence vs. owner/general contractor
Judge:	Robert Hanson
Plaintiff's Counsel:	R. Saffin Parrish-Sams and Bruce Braley		Defendant's Counsel:	Brandon Underwood and Michael Moreland
Verdict:	For Plaintiff Fault percentage: Defendants: 45% Plaintiff 5% Released Party Hall 30% Released Party Landwehr 10% Released Party T. Landwehr 10% Verdict: $186,132.25 Past Medical Expenses $406,000.00 Future Medical Expenses $175,230.00 Past Loss of Earnings $115,000.00 Future Loss of Earnings $110,000.00 Past Pain and Suffering $1,100,000.00 Future Pain and Suffering $90,000.00 Past Loss of Use of Body $900,000.00 Future Loss of Use of Body $3,082,362.25 TOTAL ACTUAL DAMAGES $16.18 million Punitive Damages (25% to the Plaintiff)
Demand Before Trial:	$2,000,000
Offer Before Trial:	$100,000
Statement of Case: In this case, plaintiff Timothy Kono claims that on April 9, 2019, defendants as the general contractor on a home construction site located at 931 Lost Lake Drive in Polk City, Iowa and owned and controlled by defendants were at fault in failing to provide a safe place for plaintiff, an employee of Royal Plumbing, a plumbing subcontractor of defendants. Plaintiff claims that defendants’ fault resulted in the collapse of a trench in which plaintiff was working, causing him injuries and damages. Plaintiff further claims that defendants’ conduct was willful and wanton thus entitling him to punitive damages. Defendants deny they were at fault and deny that their conduct was a cause of plaintiff’s injuries and damages. Defendants also deny their conduct was willful and wanton and therefore that the plaintiff is not entitled to an award of punitive damages. Defendants further contend that certain released parties – Russell Hall, Ernest Landwehr, and Travis Landwehr (owners and/or employees of the aforementioned plumbing contractor) were at fault and that their fault was a cause of plaintiff’s injuries and damages. Defendants also contend that plaintiff was at fault and that his fault was a case of his injuries and damages. Injuries Alleged: Permanent physical and mental impairment resulting from orthopedic injuries to the hip, knee and back and severe post-traumatic stress disorder (PTSD) from being buried alive when an excavation trench collapsed
Injuries alleged:	Permanent physical and mental impairment resulting from orthopedic injuries to the hip, knee and back and severe post-traumatic stress disorder (PTSD) from being buried alive when an excavation trench collapsed
Official Jury Verdict Form:
Kono Verdict.pdf
Documents of interest: (when available)	Kono Jury Instructions.pdfKono Judgment.pdfKono Motion for New Trial.pdf
Return to Jury Verdict Reporter Database
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