Woman fatally stabbed: Conspiracy to kill by stabbing: Wrongful death: Verdict: Punitive damages

Law Reporter, Dec 2004

Swope v. Johnson, Mo., Clay County 7th Jud. Qr. Ct., No. CV101-8917CC, May 21,2004/

Swope, 26, was fatally stabbed. The primary suspects in the stabbing were Swope's husband Johnson, and Nutt, the woman with whom Johnson was allegedly having an affair. Johnson signed a confession, but he later recanted it, and he was acquitted at his criminal trial. Criminal charges filed against Nutt were later dismissed.

Swope's parents sued Johnson and Nutt for Swope's wrongful death, alleging they conspired to cause her death by stabbing. Johnson argued that his confession was caused by extreme fatigue and contended that Nutt had committed die stabbing.

A jury found Johnson 100 percent liable and awarded plaintiffs $30 million, including $15 million in punitive damages. The jury divided the award between plaintiffs equally.

Johnson has filed an appeal, which is pending.

Plaintiffs' expert was Frank Booth, crime scene investigation/reconstruction, Kansas City, Mo.

Plaintiffs' Counsel

*John W. Kurtz, Kansas City, Mo.

Documents in this case are available through the Court Documents section in the back of this issue, courtesy of Mr. Kurtz.