Practice Areas | Litigation

Founded as a litigation firm in 1963, our attorneys carry on our tradition of substantial deposition and courtroom experience, with hands-on training that begins early in every attorney’s career. The litigation department is the largest practice area at Wallace Saunders, with more than half of our attorneys working under the Litigation Practice Area umbrella.

Broad Perspective

Imagine it. A law firm with more partners on the front line working directly on your business.
All with one goal in mind: to help you protect and move your business forward.

Our Approach

Cooperative

We offer a no-nonsense approach to business law and client relationships that reflects our Midwest values. Our collaborative, respectful approach attracts and retains the kind of talent you want on your side - the best and brightest.

Proactive

From the boardroom to the courtroom, we leverage our deep industry knowledge and experience to help you stay ahead of the curve. Our goal is to identify issues upfront to secure the best possible outcome.

News + Events + Alerts

Is Missouri’s “no pay, no play” law on its way out?

The Jackson County Circuit Court recently found that Missouri’s “no pay, no play” law is unconstitutional as applied to common law damages claims based on negligence. Under § 303.390, uninsured motorists waive the ability to collect for non-economic loss against an insured motorist due to a motor vehicle accident in which the insured driver is alleged to be at fault.

In striking down defendant’s affirmative defense based on § 303.390 RSMo., the trial court applied Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633, 637 (Mo. banc 2012), finding that the 1820 Missouri Constitution permitted recovery of non-economic damages without restriction. Thus, the Circuit Court concluded that § 303.390 amounts to an unconstitutional infringement on the right to trial by jury. An appeal seems likely.

For more information on this or other insurance matters click here. And if you’d like to speak with a member of our insurance practice group today, contact Kelvin Fisher.

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Missouri Motions for Summary Judgment - More “Elementary” Than Ever Now

Recently, a Missouri court sent a slip and fall case to trial because defense counsel did not set out “elements facts” in their summary judgment motion. Custer v. Wal-Mart Stores East I, LP, 492 S.W.3d 212, 215 (Mo. Ct. App. S.D. 2016). The plaintiff testified she felt an onion or lettuce leaf under her foot, which caused her to slip. In response, defense counsel pointed out plaintiff testified in her deposition she had not actually seen the offending produce. Unfortunately for the defendant, the court ruled this was not enough.

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Locations

Overland Park, KS

10111 West 87th Street
Overland Park, KS 66212

P: 913.888.1000

F: 913.888.1065

Wichita, KS

200 West Douglas Suite 400
Wichita, KS 67202

P: 316.269.2100

F: 316.269.2479

Springfield, MO

844 E. Primrose Street
Springfield, MO 65807

P: 417.866.2300

F: 417.866.2444

Kansas City, MO

By Appointment Only
2300 Main Street Suite 900
Kansas City, MO 64108

P: 816.448.3154

F: 913.888.1065