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Kendall Paul Day

Mr. Day has substantial experience in the areas of personal injury defense, employment law, appellate practice, administrative law, transportation law, motor carrier regulation and federal and state railroad regulation, with an emphasis in railroad defense, including defending major Class I railroads in personal injury lawsuits filed by employees pursuant to Federal Employers' Liability Act. Paul has significant experience, including 22 jury trials and numerous bench trials, and has been before Missouri, Kansas and federal trial courts, Missouri appellate courts and Missouri administrative agencies.

His recent experience includes:

  • Reached a favorable settlement for a breach of lease claim filed against a mineral production company. The settlement greatly reduced the initial demand by the plaintiff, in addition to avoiding significant impact on business operations and future business endeavors by the client.
  • After major flooding in the state, a major transportation company was faced with multiple claims of alleged flood damage, with demands in excess of $10 million. Many claims were dismissed on pre-emption grounds and we are defending the actions taken by our client to protect and preserve operations as they go to trial before the federal Surface and Transportation Board. 
  • Successfully represented two leading railroad companies and a Kansas-based railroad association in proceedings before the Surface Transportation Board (STB) located in Washington, DC. The railroad companies and association maintained rail tracks used for intrastate and interstate commerce, and adjoining property owners sought to install a private crossing over the tracks to a public street. The firm argued in Kansas state court and appellate proceedings that the installation would interfere with rail operations. The firm subsequently submitted briefings in two separate proceedings before the STB, which concluded that installation of the private crossing would unreasonably interfere with railroad operations. The STB’s favorable holding will have positive outcomes for the represented clients and their rail operations.
  • Substantial first and second chair trial experience in areas of Federal Employers’ Liability Act, railroad defense litigation, medical malpractice, plaintiff’s personal injury, construction litigation, commercial litigation, workers' compensation and insurance defense.
  • Represented large railroad as first chair attorney in two week jury trial in federal District Court of Kansas in 2005. Alleged business loss damages were in excess of $15 million. Defense verdict.
  • Successfully defended large railroad in two week jury trial in 1999, Greene County, Missouri.  Verdict substantially less than last demand.
  • Successfully defended large railroad in 2001 jury trial, Jackson County, Missouri in which employee alleged personal injury. Defense verdict.
  • Medical malpractice jury trial, Jackson County, Missouri, involving family practitioner and alleged failure to diagnose preeclampsia (HELLP Syndrome). Defense verdict.
  • Successfully defended large railroad in crossing accident wrongful death case, U.S. District Court, Western District of Missouri. Verdict substantially less than last demand.
  • Successfully represented business clients before various administrative agencies in Missouri and Kansas.
  • Successfully defended business client in 2013 federal court trial as first chair involving substantial business loss claim.
  • Substantial mediation and arbitration experience.

Paul served as Assistant General Counsel, Missouri Division of Transportation, from July, 1991 to January, 1992. He represented the agency in general legal matters before state administrative agencies and circuit courts, with an emphasis on administrative appeals in motor carrier prosecutions.

Court Memberships

  • Kansas
  • Missouri
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri
  • U.S. Supreme Court

Honors

  • Selected as a Lawyer of the Year, by The Best Lawyers in America®, 2017
  • Selected among The Best Lawyers in America®, 2010-2018

Professional Affiliations

  • American Bar Association
  • Missouri Organization of Defense Lawyers, Kansas
  • The Kansas City Metropolitan Bar Association
  • National Association of Railroad Trial Counsel
  • Kansas Bar Association
  • Missouri Bar Association
  • Johnson County Bar Association
  • Lawyers Association of Kansas City
  • Kansas City, Missouri Volunteer Attorney Project
  • 2007 and 2008 Subcommittee on Model Jury Instructions, Federal Employers Liability Act, for the District Courts of the Eighth Circuit, Member
  • Westwood, Kansas City Council, Member
  • Westwood, Kansas Public Safety Committee, Chair
  • Westwood Foundation, Board Member

Reported Decisions

  •  State ex rel. Sure-Way Transportation v. Division of Transportation, 836 S.W.2d 23 Mo App (1992)
  • Long v. Cross Reporting, 103 S.W.3d 249 Mo App (2003)
  • Wichita Terminal Ass’n, et al. v. F.Y.G. Investments, Inc. et al., 48 Kan.App.2d 1071, 305 P.3d 13 Kan. Ct. App. (2013)

Publications

  • Author, “Statutory Caps on Damages and the Right to Jury Trial,” 54 Mo. Law Rev. 471
  • Co-author, “Missouri State Regulations Governing Fixed Guideway Transit Systems,” 4 CSR 265-9.010 et seq.
Photo of Kendall Paul Day
F: 816.292.2001

Assistant

Kimberley Bruns
816.460.5736

Education

University of Missouri-Columbia School of Law, J.D., 1990

University of Missouri-Columbia, B.A., 1987