Brian Collignon

Brian is a member of the Wichita, Kansas and American Bar Associations and is admitted to practice law in Kansas State Courts and the Federal District Court in Kansas. Brian was recently named as one of the Top 100 Trial Lawyers by The National Trial Lawyers.

Brian Collignon has lived all over the Midwest and has resided in Kansas since 1997. He attended Mount Marty College and graduated with a Bachelor of Arts degree in Biology and Environmental Science. Brian received his Juris Doctor, with honors, from Washburn University School of Law in 2000. While at Washburn, Brian served as a member of the Washburn Law Journal wherein he authored Taking Into Consideration the “Decency Clause” [National Endowment for the Arts v. Finley, 118 S.Ct. 2168 (1998)] 38 Washburn L.J. 929 (1999).

Brian began practicing personal injury law as a defense attorney in 2000. Brian litigated numerous car wreck injury cases and workers’ compensation claims for many of the largest property and casualty insurers including Travelers, American Family, GEICO, and EMC. While representing the insurance industry, Brian realized that he was failing to fulfill his lifelong goal of helping people. In 2008, he joined Pistotnik Law Offices where he has helped hundreds of accident injury victims every year obtain compensation for the negligent and wrongful acts of others.

Brian practices in all areas of personal injury law, including trucking litigation, motor vehicle accidents and workers compensation. He has successfully represented many clients and recently obtained a jury verdict in Sedgwick County for an amount in excess of the insurance policy limits. This resulted in the insurance company paying more than its limits pursuant to a bad faith claim. Brian has appeared before the Supreme Court of the State of Kansas and has multiple appellate decisions including American Family Mut. Ins. Co. v. Wilkins, 285 Kan. 1054, 179 P.3d 1104 (2008) and Mitchell v. Petsmart, Inc., 291 Kan. 153, 239 P.3d 51 (2010).

Brian was named as one of the Top 100 Trial Lawyers by The National Trial Lawyers which is an invitation-only organization composed of premier trial lawyers who meet stringent qualifications as civil plaintiff lawyers. He has also been selected to be included in The Best Lawyers in America and received the Client Satisfaction Award from the American Institute of Personal Injury Attorneys.

Brian is a member of the Wichita, Kansas and American Bar Associations and is admitted to practice law in Kansas State Courts and the Federal District Court in Kansas.

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The following are highlights and examples of Brian’s litigation, appellate, and speaking experience:

BRIAN COLLIGNON LITIGATION EXPERIENCE

Brian Collignon has first-chaired jury trials involving motor vehicle negligence going back over 20 years.

Example Jury Trials:

Sedgwick County Jury Trial – Personal Injury – Motor Vehicle

Client sustained injuries including a burn with grafting after two defendants collided vehicles causing one to ricochet and strike a vehicle occupied by my client. Three victims were injured in the accident.  Both insurance carriers refused to tender policy limits resulting in an extensive multi-day jury trial with five parties all represented by counsel.  Numerous witnesses testified including my client’s treating physician and all the parties.  Jury gave my client financial compensation for medical expenses, wage loss, past pain and suffering, and future pain and suffering. The jury awarded my client nearly $150,000, substantially more than the awards returned for the other injury parties arising from the same collision.  My client’s verdict was in excess of available liability insurance policy limits resulting in a bad faith claim.  

Sedgwick County Jury Trial – Underinsured Motorist Claim

In this personal injury motor vehicle accident case, multiple defendants were sued. In the course of litigation and after all the parties were deposed, the policy limits of the at-fault driver were tendered in the amount of $100,000. The claimed damages, however, exceeded the policy limits and litigation continued against the UIM insurance carrier. A seven-day trial to a jury involved multiple witnesses including extensive testimony/examination of three physicians. The jury reached a verdict for an amount above the policy limits resulting in additional funds being paid by the UIM carrier to the injury victim.

Sedgwick County Jury Trial – Personal Injury – Motor Vehicle 

After a four-day jury trial, the jury returned a verdict favorable to the injured victim of a negligent driver. I obtained testimony from multiple witnesses and from a surgeon who performed an intricate shoulder operation. The trial result primarily hinged upon my successful pretrial motions to exclude detrimental evidence and client preparation before testifying.

Butler County Jury Trial – Personal Injury – Premises Liability       

Premises liability action involving dispute liability and causation. Multi-week jury trial included obtaining testimony from construction experts related to liability issues and medical testimony. Jury verdict was more than pre-suit offer. 

Montgomery County Jury Trial – Personal Injury – Motor Vehicle

Successfully argued to limit expert testimony leading to a jury awarding financial compensation for injury victim in one week trial. Two defendants attempted to blame other parties for negligently causing the motor vehicle accident.  Jury apportioned all fault to the two defendants and awarded money for property damages, medical bills, wage loss  and pain and suffering. 

Sedgwick County – Personal Injury – Motor Vehicle             

One week trial primarily over damages for injury victim who sustained bulging discs in lumbar spine. The case involved dueling experts and the jury found the testimony tying the accident to the injury to be most compelling resulting in favorable verdict.

EXAMPLES OF BRIAN COLLIGNON’S SIGNIFICANT LITIGATED CASES:

Brian Collignon has been litigating cases involving motor vehicle accidents and personal injuries since 2000.  Below is a small collection of cases that involved particular legal skill in getting favorable results.

Complex Pedestrian Accident – Multi-Party Liability

Brian represented a pedestrian who sustained life-altering injuries after being struck by a municipality-owned vehicle during a public event. The event involved multiple parties, including governmental entities, a local organization, and a private individual.

The litigation involved complex issues of negligence, comparative fault, governmental liability, and multiple potentially responsible parties. Brian pursued claims involving the negligent operation of the vehicle against the driver and his employer, negligent parking against the owner of a vehicle parked in a prohibited area, and negligent event planning and safety against parties responsible for hosting and organizing the public event. Brian had to navigate the Kansas Tort Claims Act and overcome governmental immunity.

The case required Brian to identify and pursue multiple theories of liability and available sources of insurance coverage. The claims were ultimately resolved through five separate settlement payments from five separate defendants or carriers, providing compensation to Brian’s client for the injuries sustained in the accident.

Brian Collignon’s Role: Lead counsel for the injured pedestrian; investigated and litigated multiple theories of liability against governmental and private defendants and pursued recovery from multiple defendants and insurance carriers.

Areas of Law: Personal Injury • Pedestrian Accidents • Motor Vehicle Accidents • Catastrophic Injury • Multi-Party Litigation • Comparative Fault • Governmental Liability • Municipal Liability • Negligent Event Planning • Premises and Event Safety • Insurance Coverage

Over $1 Million Recovery – Grain Truck Collision and Disputed Comparative Fault

Brian represented a client who sustained serious injuries requiring multiple surgeries after a collision with a grain truck operated as part of a farming operation. The collision occurred at an open intersection in McPherson County, Kansas. Although Brian’s client had the right-of-way, the defense disputed liability and asserted comparative fault, contending that she should have observed the approaching grain truck and taken action to avoid the collision.

The litigation required development of both liability and medical evidence. Brian obtained testimony and evidence from multiple medical experts to establish the nature, extent, and consequences of his client’s injuries and the medical treatment necessitated by the collision. The disputed circumstances of the open-intersection accident also required Brian to address the defense contention that his client shared responsibility for the collision despite having the right-of-way.

The case proceeded to mediation, but Brian did not accept the amount offered at mediation and continued pursuing the claim on his client’s behalf. Further negotiations resulted in a settlement of over $1 Million for his injured client.

Brian Collignon’s Role: Lead counsel for the injured motorist; litigated disputed liability and comparative fault issues, developed medical evidence involving multiple experts and surgeries, represented the client through mediation, and continued negotiations following mediation resulting in an over $1 Million recovery.

Areas of Law: Personal Injury • Truck Accidents • Agricultural and Farm Vehicle Accidents • Grain Truck Accidents • Motor Vehicle Accidents • Serious Injury • Comparative Fault • Right-of-Way Disputes • Intersection Collisions • Medical Expert Testimony • Damages • Mediation • Kansas Personal Injury Litigation

Policy-Limits Recovery Following Deposition in Disputed Passing Collision

Brian represented a client injured in a motor vehicle collision on a rural Kansas highway with a 65-mph speed limit. As Brian’s client slowed to turn left into a cemetery, a younger driver traveling behind her attempted to pass by entering the oncoming lane of traffic. As Brian’s client began her left turn, the vehicles collided.

Liability was disputed. The other driver contended that he had already entered the passing lane and that Brian’s client turned into the lane he occupied, placing responsibility for the collision on her. The other driver’s insurance carrier denied fault and suit was filed.

During the other driver’s deposition, Brian obtained significant admissions concerning the driver’s observations and decisions immediately before the collision. The driver acknowledged that he observed Brian’s client slowing in front of him, that her slowing should have alerted him that something unusual was occurring, and that a prudent response would have been to slow his own vehicle rather than attempt to pass.

These admissions provided important evidence supporting Brian’s position that the other driver failed to exercise reasonable care in responding to the developing traffic situation. The following week, the insurance carrier tendered its policy limits to resolve Brian’s client’s injury claim.

Brian Collignon’s Role: Lead counsel for the injured motorist; litigated disputed liability and comparative fault issues and conducted the deposition of the adverse driver, obtaining admissions concerning his observations, recognition of a potential hazard, and decision to pass rather than slow. The liability insurer tendered its policy limits the following week.

Areas of Law: Personal Injury • Motor Vehicle Accidents • Disputed Liability • Comparative Fault • Passing Accidents • Left-Turn Collisions • Rural Highway Accidents • Driver Depositions • Deposition Testimony • Liability Investigation • Policy-Limits Claims • Kansas Personal Injury Litigation

Disputed Traffic Signal Collision – Independent Witness Located Through 911 Evidence

Brian represented a client injured in a motor vehicle collision at the intersection of K-96 and 13th Street in Sedgwick County, Kansas. Liability was disputed, with the drivers providing conflicting accounts regarding which vehicle had the green traffic signal.

During litigation, Brian developed a timeline surrounding the collision and the other driver’s trip to take her child to school. The timeline provided evidence supporting the contention that the other driver was running late and may have been in a hurry at the time of the collision, supporting Brian’s position that she failed to observe the red traffic signal.

As part of discovery and his investigation of the collision, Brian obtained a 911 recording associated with the accident from an independent witness to the collision. The witness provided evidence supporting Brian’s client’s account that his traffic signal was green.

The development of independent evidence corroborating Brian’s client’s version of the accident significantly strengthened the disputed-liability claim and ultimately contributed to a favorable settlement for his client.

Brian Collignon’s Role: Lead counsel for the injured motorist; developed the accident timeline, obtained and analyzed 911 evidence during discovery, identified and located an independent accident witness, and developed evidence supporting his client’s position in a disputed traffic-signal collision.

Areas of Law: Personal Injury • Motor Vehicle Accidents • Disputed Liability • Traffic Signal and Red-Light Accidents • Intersection Collisions • Accident Investigation • Witness Investigation • 911 Evidence • Discovery • Comparative Fault • Kansas Personal Injury Litigation

BRIAN COLLIGNON’S KANSAS SUPREME COURT & APPELLATE EXPERIENCE:

Kansas Supreme Court – Workers’ Compensation Appeal

Mitchell v. PetSmart, Inc., 291 Kan. 153, 239 P.3d 51 (2010)
Kansas Supreme Court Case No. 99,528
Prior decision: Mitchell v. PetSmart, Inc., 41 Kan. App. 2d 523, 203 P.3d 76 (2009)

Brian Collignon served as appellate counsel in this significant Kansas workers’ compensation case before both the Kansas Court of Appeals and Kansas Supreme Court. Brian was counsel in the Court of Appeals proceedings, including for oral argument, and was on the briefs submitted to the Kansas Supreme Court.

The case involved multiple work-related injuries occurring over a period of time and presented several significant issues under the Kansas Workers Compensation Act. The Kansas Supreme Court considered the proper calculation of compensation for multiple scheduled injuries within the same extremity, repetitive-trauma injuries, the determination of the date of injury for conditions such as carpal tunnel syndrome, temporary total and permanent partial disability benefits, causation of subsequent injuries, and the allocation of liability between successive workers’ compensation insurance carriers.

Among its holdings, the Kansas Supreme Court determined that K.S.A. 44-510d requires separate compensation for each scheduled injury when an injured worker sustains multiple injuries within a single extremity. The Court also reaffirmed the Kansas bright-line rule that the date of injury for repetitive microtrauma conditions, such as carpal tunnel syndrome, is the employee’s last day worked.

The case also involved a dispute between two successive workers’ compensation insurance carriers regarding responsibility for the employee’s later bilateral shoulder, carpal tunnel and elbow injuries. The Kansas Supreme Court affirmed the Workers Compensation Board’s finding that the subsequent repetitive-trauma injuries resulted from a combination of the employee’s initial injury and his later work activities and affirmed the imposition of joint and several liability on the two insurance carriers.

The Kansas Supreme Court ultimately affirmed the Workers Compensation Board in part, reversed it in part, and remanded the case for recalculation of the employee’s permanent partial disability award.

Brian Collignon’s Role: Appellate counsel before the Kansas Court of Appeals and Kansas Supreme Court; counsel on the briefs submitted to the Kansas Supreme Court.

Areas of Law: Kansas Workers’ Compensation • Workers’ Compensation Appeals • Repetitive Trauma • Carpal Tunnel Syndrome • Scheduled Injuries • Permanent Partial Disability • Temporary Total Disability • Medical Causation • Successive Insurance Carriers • Workers Compensation Board Appeals

Kansas Supreme Court – Automobile Insurance Coverage and Policy Limits

American Family Mutual Insurance Co. v. Wilkins, 285 Kan. 1054, 179 P.3d 1104 (2008)

Brian Collignon argued this case before the Kansas Supreme Court. The case involved four certified questions from the United States District Court for the District of Kansas concerning automobile liability insurance coverage and the application of policy limits following a multi-vehicle accident.

Among the significant issues presented to the Kansas Supreme Court was how to determine the number of separate “occurrences” under an automobile liability insurance policy when the policy does not define that term. The Court addressed the appropriate legal test under Kansas law for determining whether a series of collisions constitutes one or multiple occurrences for purposes of available liability insurance coverage.

Brian’s experience briefing and arguing this insurance coverage dispute before the Kansas Supreme Court provides him with an understanding of automobile insurance policies and coverage disputes from the insurer’s perspective. He now represents injured individuals in personal injury matters, including motor vehicle accidents and disputes involving automobile insurance coverage.

Brian Collignon’s Role: Counsel before the Kansas Supreme Court; personally argued the case before the Kansas Supreme Court concerning certified questions involving automobile liability insurance coverage, policy limits, and the determination of the number of occurrences arising from a multi-vehicle collision.

Areas of Law: Automobile Insurance Coverage • Personal Injury • Motor Vehicle Accidents • Insurance Policy Interpretation • Liability Insurance • Policy Limits • Number of Occurrences • Multi-Vehicle Collisions • Insurance Coverage Disputes • Certified Questions • Kansas Insurance Law • Kansas Supreme Court Appeals

BRIAN COLLIGNON’S CONTINUING LEGAL EDUCATION (CLE) PRESENTATIONS:

Brian has spoken at multiple Continuing Legal Education (CLE) seminars over his career. Presentations have been given on Legal Research on multiple occasions for the Wichita Bar Association’s Nuts and Bolts Seminar. Brian has also presented to attorneys, nurse case managers, and insurance adjusters at a general Kansas Workers Compensation Law seminar.