Leawood, Kan. – March 16, 2026: R. Todd Ehlert and John Witten recently obtained several motion victories while defending clients in a medical malpractice wrongful death lawsuit, including orders that dismissed several nurse defendants, imposed sanctions, and awarded defendants $75,000 in attorney’s fees.
First, the Circuit Court of Nodaway County, Missouri granted in part Defendants’ Motion to Dismiss and/or for Sanctions, holding that no proper affidavits of merit were timely filed as to four client/nurse defendants and dismissed the claims against those defendants without prejudice as required by statute. In the same order, the Court found that sanctions were warranted for filing of false affidavits as well as plaintiff’s counsel ex parte examination of a hospital employee during a deposition without the consent of counsel. Based on these findings, the Court dismissed the four remaining nurse defendants, prohibited further amendments of the petition to add claims or parties, authorized the imposition of attorney’s fees and expenses as a sanction, and directed that a copy of the order be transmitted to the Office of Chief Disciplinary Counsel.
Later, the Court entered additional orders resolving post-dismissal motions. The Court denied plaintiff’s motion for leave to conduct limited discovery regarding attorney’s fees, granted Defendants’ motion to submit billing statements for in camera review to protect privileged material, and deferred plaintiff’s motion for a trial setting pending final determination and payment of sanctions.
Following in camera review of Defendants’ submissions, the Court entered an Order Imposing Additional Sanctions. The Court found Defendants’ billing rates reasonable and customary and ordered Plaintiff to pay Defendants $75,000 in attorney’s fees as an appropriate sanction and further ordered that the trial date would not be reset until the sanction was satisfied.
About R. Todd Ehlert: In an era where trying cases is uncommon, Todd is an experienced trial attorney who represents businesses and individuals as both plaintiffs and defendants in a wide variety of disputes. In nearly 30 years of practice, he has tried approximately 350 trials to verdict, both as a former prosecutor and in his current civil practice, where he focuses on business litigation.
About John Witten: John focuses on a wide variety of litigation, including medical malpractice defense, and has litigation, trial, and appellate experience in state and federal courts in Missouri and Kansas. John applies successful strategies during the discovery phase of lawsuits to prompt favorable settlements and dismissals, has obtained summary judgment on behalf of multiple clients, has prosecuted and defended several cases to a favorable verdict for his clients, and has successfully briefed and argued multiple appeals.
About the Firm’s Litigation Practice Group: The firm’s litigation attorneys have more than 250 years of combined trial and appellate court experience, including business-to-business cases, individual and business cases, simple two-party disputes, and complex class action cases. The Litigation practice group has collective experience in more than 40 states and in eight federal circuits, including more than 500 bench and jury trials.
About the firm:
Rouse Frets White Goss Gentile Rhodes offers highly skilled lawyers in many practice areas with vast real world experience. Our clients benefit from blue-ribbon talent unencumbered by mega firm business models.
Choice of an attorney is an important decision and should not be based solely upon a website or advertisements. In reviewing achievements by the law firm or its attorneys, remember that past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Although our lawyers may practice in subject areas, neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialty designations for Missouri licensed attorneys.