On Feb. 19, 2013, a contractor hired by Time Warner Cable to install a fiber optic line instead pierced a two-inch gas line next to the Country Club Plaza and JJ’s Restaurant in Kansas City, Mo. The resulting explosion demolished the restaurant, leaving one worker dead, and another 15 injured.
But the impact of that day still lingers more than two years later as the owner of JJ’s fights Time Warner Cable’s attorneys in court over his damage claim, right down to the value of individual wine bottles stored at the restaurant.
Jimme Frantze, the owner of JJ’s Restaurant, is seeking more than $9.3 million in damages to cover the loss of the building, his net lost income, and the costs involved in starting a new restaurant. Time Warner Cable said no.
Jurors are now into the second month of the trial, which has spent much of its time dwelling on the actions of three companies involved in the explosion and its aftermath: Time Warner Cable, which hired the contractor for the project, Heartland Midwest LLC, the Olathe-based excavating contractor hired to do the work, and Missouri Gas Energy, the company that responded to the initial reports of a natural gas leak.
But these days Time Warner Cable’s attorney is questioning Frantze about how he valued the wine bottles stored at the restaurant.
The Kansas City Star reports Frantze has told jurors it has been difficult to prove the fair value of many of the wines because they are no longer available for retail sale. Frantze lost most of his business records in the explosion and fire that followed, so he has attempted to find comparable bottles online for sale to establish a replacement value.
Time Warner Cable Attorney Ken Snow drilled down on the specific value of several bottles formerly a part of Frantze’s collection.
One 1929 bottle initially valued at $15,000 was re-estimated downwards by Frantze to $5,000 after he found an appraiser who valued it at a lower amount.
“I just acquiesced,” he said, adding, “There’s a lot of emotion on my part with some of the older vintages.” That 1929 bottle, he added, “was in pristine condition. I probably had it for 30 years.”
Snow also questioned Frantze about his assigned value of $2,600 to a bottle of 2000 wine appraised elsewhere at $1,100. One other bottle was appraised at $575, not the $1,900 Frantze estimated.
Snow also argued JJ’s was not the success story Frantze might suggest. Snow asserted the restaurant was struggling at the time of the explosion, a suggestion contested by Frantze.
On Monday, Frantze appeared in court accompanied by oxygen tanks, two weeks after a liver transplant. The same year of the explosion, Frantze was diagnosed with liver cancer.