Negligence claimed in shocking case

Feb. 20--The family of Jayden Hicks, who died in December after suffering an electrical shock during a thunderstorm in downtown Salina in May, is suing the city, claiming the electrical junction box that shocked her wasn't properly grounded.

Also named in the lawsuit is Hope Electrical Products, the New Jersey company that made the junction box.

The lawsuit seeks unspecified damages, including for her medical care, burial costs and other expenses, "in an amount the plaintiffs are unable to state with exactitude at this time."

The family's attorney sent a copy of the lawsuit to the Journal by Federal Express at the Journal's request at the same time it was sent to Saline County District Court. It arrived at the Journal office Wednesday afternoon; it was not yet on file in Saline County District Court at that time.

Jayden was 11 on May 29, when she and friends were playing in Campbell Plaza during a thunderstorm. She slipped and fell onto an in-ground electrical box that had a metal cover, was shocked and fell to the ground. Several people who attempted to rescue her also were shocked, and firefighters had to use a fiberglass pole to pull her off of the box.

Jayden was then taken to Salina Regional Health Center, then to Via Christi Hospital in Wichita. She was hospitalized in critical condition in Wichita for several months before being transferred to Madonna Rehabilitation Center in Lincoln, Neb. She died there Dec. 31.

Wasn't properly grounded

The lawsuit states that investigators found, after the accident, that connections in the box had short-circuited and that the box was not properly grounded.

The lawsuit also states that after Jayden was shocked, a city electrician told investigators "he knew there was no ground wire as they had not installed the ground," and that "if they had installed the ground wire, every time there was a power surge, it would trip the breaker and all he would get done would be resetting the breaker."

Michael Rader, a Leawood attorney representing the Hicks family, said the quotes from the city electrician were taken from reports Salina police or fire department investigators made either the day of the incident or soon after.

Hadn't seen the lawsuit

Salina City Manager Jason Gage said Wednesday afternoon that he had not seen the lawsuit or talked to the city's attorneys about it.

Asked about the statements in the lawsuit attributed to a city electrician, Gage said he is "not familiar with that. I can't confirm whether that's accurate."No grounding screw

The claim against Hope Electrical Products states that the junction box it manufactured did not have a grounding screw that would enable it to be grounded, and that the company did not warn users that the box should be grounded.

The lawsuit does not request a specific dollar amount in any of its claims.

Liability capped

The city's insurance will pay a maximum of $1 million per incident; Kansas law caps liability at the amount of insurance carried by a municipality.

The lawsuit challenges the constitutionality of that limit.

While the lawsuit asks for a jury trial in the case, Rader said he hopes that can be avoided.

Don't drag it out

"This has been a horrific and nightmarish experience for the parents watching their daughter go through this," he said. "I hope the city and city officials don't drag the family through protracted litigation when it is not necessary in a case with liability as clear as it is here."

-- Reporter Mike Strand can be reached at 822-1418 or by email at [email protected].

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