Bretz 7-12-23 rsps to claim JMW krl
WALDECK &
PATTERSON, P.A.
5000 WEST 95TH STREET, SUITE 350
PRAIRIE VILLAGE, KS 66207
Telephone: (913) 749-0300
Fax: (913) 749-0301
WEBSITE: http://www.waldeckpatterson.com
PRAIRIE VILLAGE, KS • KANSAS CITY, MO
July 12, 2023
Via email: matt@bretzinjurylaw.com
Matthew L. Bretz
Bretz Injury Law
3 Compound Drive
PO Box 1782
Hutchinson, KS 67504-1782
Re: Cassandra Warner
Date of Incident: 6/25/2021
NOTICE OF CLAIM RESPONSE
Our File No. 1120.33190
Dear Mr. Bretz:
We have been retained to represent the Salina Airport Authority (“SAA”) to respond to
your Written Notice of Claim on behalf of Ms. Warner. We are specifically responding to your
April 3, 2023 Written Notice of Claim sent to the Salina Airport Authority Board of Directors, and
Clerk of the Salina Airport Authority Board of Directors.
Based on our investigation, the SAA is not liable for your client’s fall. From your notice
and our investigation, your client slipped and fell at the entry point of the open walkway leading
from the airport ramp to the terminal building as she was deplaning Flight #5064 from Denver.
Earlier that day the area experienced significant rain, that moisture was on the concrete ramp and
the open walkway entrance where your Notice indicates the fall occurred. The condition was not
affirmatively caused by any employee or person affiliated with the SAA. As a result, the SAA and
its employees are not responsible for your client’s injuries.
In addition, even if the municipality immunity for natural conditions under the Kansas Tort
Claims act does not completely bar the claim, the conditions present were open and obvious with
warnings placed in the walkway for arriving passengers, such as your client, regarding the alleged
conditions.
This denial is based on the information that was provided in your Written Notice of Claim.
If you have any additional information you wish to be considered, please forward it to our attention.
July 12, 2023
Page 2
On this basis, please consider this correspondence a denial of the claim against SAA
presented in your April 3, 2023 12-105b notice.
Very truly yours,
WALDECK & PATTERSON, P.A.
/s/ John M. Waldeck
John M. Waldeck
Direct Dial: 913-749-0310
johnw@waldeckpatterson.com
JMW/krl