Kansas Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Kansas or Court of Appeals of Kansas where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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In re Zimmerman - 3/9/2001
ORIGINAL PROCEEDING IN DISCIPLINE
Original proceeding in discipline.
One-year suspension.
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against W. Fredrick...
Kuhn v. Sandoz Pharmaceuticals Corp. - 12/15/2000
Appeal from Sedgwick district court, D. KEITH ANDERSON, judge.
Reversed and remanded with directions.
This case reviews the district court's use of the Frye test, Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923), to strike...
Dougan v. Rossville Drainage District - 12/15/2000
Appeal from Shawnee district court; MARLA J. LUCKERT, judge.
Affirmed.
The opinion of the court was delivered by LOCKETT, J: Drainage district appeals landowner's jury award for damages resulting from a 1993 flood....
In re Coggs - 12/8/2000
ORIGINAL PROCEEDING IN DISCIPLINE
Original proceeding in discipline.
Indefinite suspension.
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Gregory M. Coggs,...
Gragg v. McKune - 12/8/2000
Appeal from Leavenworth District Court; ROBERT J. BEDNAR, judge.
Reversed and remanded.
James A. Gragg appeals from the trial court's order dismissing his claim under 42 U.S.C. § 1983 (Supp. 1998). On appeal, Gragg argues...
Campbell v. City of Leavenworth - 11/3/2000
Appeal from Leavenworth District Court; DAVID J. KING, judge.
Affirmed.
In September 1995, police officers employed by the City of Leavenworth shot and killed Shawn Perryman. The administratrix of his estate brought an...
Rebarchek v. Farmers Cooperative Elevator and Mercantile Association of Dighton - 11/3/2000
Appeal from Lane District Court; J. BYRON MEEKS, judge.
Reversed and remanded with directions.
Plaintiff-appellant Larry L. Rebarchek appeals the district court's decision to grant summary judgment in favor of...
State v. Luna - 11/3/2000
Appeal from Reno District Court; RICHARD J. ROME, judge.
Affirmed.
Enrique L. Luna appeals his convictions of two counts of aggravated assault arising out of a drive-by shooting. He contends that the juvenile court erred in...
Deffenbaugh Industries - 9/29/2000
Appeal from Johnson District Court; LARRY MCCLAIN, judge.
Reversed.
Deffenbaugh Industries, Inc. (Deffenbaugh) and Hartford Casualty Insurance Co. (Hartford) appeal from a declaratory judgment granted to Dan Lykins, a...
Kirk v. City Shawnee - 8/11/2000
Appeal from Johnson District Court; JOHN P. BENNETT, Judge.
Affirmed.
Appellants James S. Kirk, as heir at law, and Darlene Mullin, as executrix of the estate of Kathryn Stewart Morse, deceased, sued the City of Shawnee...
In re Boone - 6/16/2000
ORIGINAL PROCEEDING IN DISCIPLINE
Original proceeding in discipline.
Two-year supervised probation.
This is an original contested attorney discipline case filed by the office of the Disciplinary Administrator against...
Wood v. Groh - 6/9/2000
Appeal from Lyon district court, W. LEE FOWLER, judge.
Reversed and remanded for further proceedings.
The primary question in this appeal involves the civil standard of care required of those persons having ownership or...
Anderson v. Employers Mutual Casualty Insurance Company - 6/9/2000
Appeal from Butler District Court; JOHN M. JAWORKSY and MIKE E. WARD, judges.
Affirmed.
Defendant Employers Mutual Casualty Insurance Company appeals the district court's denial of its motion for a directed verdict on the...
Buetow v. Buetow - 6/9/2000
Appeal from Butler District Court; JOHN M. JAWORSKY, judge.
Affirmed.
Rita D. Buetow appeals from the division of property in a divorce action. On appeal, Rita argues that the trial court erred in ruling that her former...
Wilson v. Ramirez - 6/2/2000
SYLLABUS BY THE COURT
1. Kansas mandates claims-based medical malpractice insurance coverage. Although K.S.A. 40-3402(a) before July 1, 1997, used the term "per occurrence," that language did not alter Kansas' claims-based...
Jimenez v. Goertz - 6/2/2000
SYLLABUS BY THE COURT
1. A person who willfully or intentionally commits a fraudulent or abusive act or practice under the Workers Compensation Act may be sued under the fraud and abuse sections of the Act. See K.S.A. 44-5,120 et...
Frans v. Gausman - 5/12/2000
Appeal from Reno District Court; WILLIAM F. LYLE, JR., judge.
Affirmed.
This is a wrongful death case against a dentist responsible for treating plaintiffs' daughter, Heather Frans. Plaintiffs Dennis and Janet Frans appeal...
Cozad v. Boeing Military Airplane Company - 3/17/2000
Appeal from Workers Compensation Board.
Affirmed.
The Workers Compensation Fund (Fund) appeals from an order of the Workers Compensation Board (Board) apportioning liability for Bridget C. Cozad's disability from bilateral...
Solis v. Brookover Ranch Feedyard - 3/10/2000
Appeal from the Kansas Workers Compensation Board.
Affirmed.
Claimant Juventino Solis, in this workers compensation appeal, sought the cost for repairs to a prothesis which had been provided by the employer based upon a...
Delaney v. Deere and Company - 3/10/2000
While Kansas agrees that an adequate warning does not foreclose a finding that a product is defectively designed, it does not adopt Comment l of the Restatement (Third) of Torts § 2.
On certification of two questions of law from...
Howell v. Calvert - 3/10/2000
Appeal from Sedgwick district court, GREGORY L. WALLER, judge.
Affirmed.
This is a personal injury and wrongful death case. The only defendant at trial was Kansas Newman College, Inc. (Newman). Two student athletes from...
Pouncil v. Kansas Employment Security Board of Review - 2/4/2000
Review of the judgment of the Court of Appeals in 25 Kan. App. 2d 740, 970 P.2d 547 (1998). Appeal from Sedgwick district court, RICHARD T. BALLINGER, judge. Judgment of the Court of Appeals reversing the district court is affirmed....
State v. Smith - 12/10/1999
Appeal from Johnson district court; THOMAS BORNHOLDT, judge.
Affirmed in part and reversed in part. The matter of Adam Gault is remanded with directions.
The opinion of the court was delivered by LOCKETT, J.
Five...
Wilson v. Knight - 6/25/1999
Appeal from Sedgwick District Court; KARL W. FRIEDEL, Judge.
Affirmed.
Dr. Philip Knight appeals from a jury verdict awarding William Wilson $100,000 in damages caused by Knight's medical malpractice. Knight argues the...
Loar v. Roletto - 6/25/1999
Appeal from Bourbon District Court; GERALD W. HART, Judge.
Affirmed.
This is a personal injury action arising from an automobile accident. The trial court dismissed plaintiff's claim against the vehicle owner, finding that...
Ramirez v. Excel Corp. - 5/7/1999
Respondent Excel Corporation (Excel) appeals from a decision of the Workers Compensation Board awarding claimant Gaspar Ramirez a work disability in excess of his functional impairment rating. We reverse and remand the cause with...
Johnson v. Mehta - 3/5/1999
This case involves the propriety of a district court order requiring the payment of a deposit for costs for a K.S.A. 65-4901 medical malpractice screening panel. Sidney C. Johnson appeals the order dismissing the screening panel...
Ray v. Caudill - 3/5/1999
The plaintiffs obtained a $2,000,000 judgment against a tortfeasor as a result of a collision in Kansas. They sought, through garnishment action, to collect this amount under the underinsurance provisions of the insurer's South Dakota...
Dominguez v. Davidson - 3/5/1999
This is an appeal by plaintiff Marshall Dominguez from the trial court's granting of summary judgment in favor of the defendants in a defamation and false light/invasion of privacy case.
The case arises out of a workers...
State v. Stephens - 3/5/1999
The primary issue concerns the authorization of the minor defendant for trial as an adult in a felony murder case. See K.S.A. 38-1636. Lance K. Stephens appeals from his convictions and sentences for aggravated robbery, K.S.A. 21-3427,...
P.W.P. v. L.S. and Johnson County Mental Health Center - 12/18/1998
Appeal from Johnson district court; STEVE LEBEN, Judge. Opinion filed December 18, 1998. Affirmed.
P.W.P (patient) appeals the trial court's determination that the statute of limitations expired on her claims for damages against...
Long v. Turk - 8/19/1998
Appeal from Shawnee district court; TERRY L. BULLOCK, Judge. filed August 19, 1998. Reversed and remanded.
This is a summary judgment appeal by a parent, as plaintiff, seeking to impose civil liability on a handgun owner for the...
State Farm Mutual Automobile Insurance Co. v. Lane - 6/19/1998
SYLLABUS BY THE COURT
1. Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
2. The construction of an insurance policy is...
Anderson v. Boeing Co. - 6/12/1998
Appeal from Workers Compensation Board.
Affirmed.
Claimant was determined to be 100% disabled as a result of work-connected bilateral carpal tunnel syndrome. Claimant's injury and his award are not issues on appeal....
York v. Intrust Bank - 6/5/1998
Appeal from Sedgwick district court; TIMOTHY G. LAHEY, Judge. filed June 5, 1998. Affirmed in part, reversed in part, and remanded with instructions.
This is a multiple issue appeal and cross-appeal raising questions of fraud,...
Koss Construction v. Caterpillar Inc. - 6/5/1998
Appeal from Sedgwick District Court; MARK A. VINING, Judge. filed June 5, 1998. Affirmed.
This is a products liability action. Koss Construction Co. (Koss) sued Caterpillar, Inc. (Caterpillar) and Martin Tractor Company, Inc....
Schmidt v. HTG Inc. - 6/5/1998
Appeal from Crawford district court; DONALD R. NOLAND, Judge. Affirmed in part and reversed in part.
Gene and Peggy Schmidt, individually and as heirs of their daughter Stephanie Schmidt, and Gene as administrator of her estate,...
Estate of Soupene - 5/29/1998
Appeal from Riley district court; DAVID L. STUTZMAN, Judge.
Affirmed.
While responding to a fire call, Riley County volunteer firefighter Gary Soupene was killed when his vehicle collided with that of another volunteer...
Boutwell v. Domino's Pizza - 5/15/1998
Appeal from the Workers Compensation Board.
Affirmed.
The Workers Compensation Fund (Fund) appeals from an award finding Gerald Boutwell permanently and totally disabled.
Boutwell had a history of schizoaffective...
NANCE v. HARVEY COUNTY - 12/30/1997
This is a workers compensation appeal. Michael Nance, an employee of Harvey County, was injured while working within the course and scope of his employment. He was awarded temporary total disability, permanent general body disability,...
McCLEARY v. BOSS - 12/19/1997
Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated February 3, 1998, pursuant to Rule 7.04 (1997 Kan. Ct. R. Annot. 44).
Mary McCleary filed this wrongful death suit for...
ROBERTS v. J.C. PENNEY CO. - 12/12/1997
The opinion of the court was delivered by
This workers compensation appeal questions the construction of K.S.A. 44-519 relating to usage of written reports of health care providers by a vocational rehabilitation expert without...
IN RE FARMER - 12/12/1997
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Respondent James L. Farmer, an attorney admitted to the practice of law in the state of Kansas, whose business address is in...
HARE v. WENDLER - 12/12/1997
The opinion of the court was delivered by
This is a summary judgment medical malpractice personal injury case. The primary focus is on the absence of expert testimony on causation and damages and the application of the common...
MOORE v. ASSOCIATED MATERIAL & SUPPLY CO. - 11/7/1997
The opinion of the court was delivered by
This is an appeal by a group of homeowners (Homeowners) who have sued the operator of a sand pit adjacent to their property, Associated Material & Supply Company, Inc., (Associated),...
DURHAM v. CESSNA AIRCRAFT CO. - 9/12/1997
Claimant suffered a repetitive use type injury to his shoulder while working for Cessna. The parties agree that the date of the alleged accident was October 27, 1992, and each and every working day thereafter. Claimant instituted this...
BOHANAN v. U.S.D. NO. 260 - 6/20/1997
Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 25, 1997, pursuant to Rule 7.04 (1997 Kan. Ct. R. Annot 44).
In this workers compensation appeal, U.S.D. No....
JARBOE v. BOARD OF SEDGWICK COUNTY COMMN'RS - 6/6/1997
The opinion of the court was delivered by
This is a personal injury action brought by Donald and Linda Jarboe, co-guardians and co-conservators for their son, Jason M. Jarboe, who was shot and severely injured by Charles Edward...
HARTFORD ACC. & INDEM. CO. v. AM. RED BALL TRANSIT - 6/6/1997
The opinion of the court was delivered by
Hartford Accident & Indemnity Company (Hartford), the insurer of American Red Ball Transit Company, Inc., (Red Ball) filed a declaratory judgment action requesting a determination...
SMITH v. PRINTUP - 6/6/1997
The opinion of the court was delivered by
This is the second appeal involving punitive damages awarded to the estate of Glen C. Smith, deceased, brought by the administrator, plaintiff Barry L. Smith, et al. (Smith). In Smith v....
FLINT HILLS RURAL ELEC. COOP. v. FEDERATED RURAL ELEC. - 5/30/1997
The opinion of the court was delivered by
Flint Hills Rural Electric Cooperative (Flint Hills) claimed insurance coverage under a liability policy issued by Federated Rural Electric Insurance Corporation (Federated) for a...
THARP v. EATON CORP. - 3/28/1997
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated May 5, 1997, pursuant to Rule 7.04 (1996 Kan. Ct. R. Annot 40).
Eaton Corporation (Eaton) appeals the...
GRAGG v. WICHITA STATE UNIV. - 3/14/1997
The opinion of the court was delivered by
This is a wrongful death and survival action brought by the heirs of Barbara Gragg, who was shot and killed by Anthony Scott at the Celebrate '93 fireworks display held on the campus of...
GERHARDT v. HARRIS - 3/14/1997
The opinion of the court was delivered by
This case concerns a dispute over an attorney fee. Our Rule 223 (1996 Kan. Ct. R. Annot. 242) concerning immunity arising from involvement in disciplinary proceedings is discussed and...
IN RE HARRIS - 3/14/1997
This is an original disciplinary proceeding filed by the office of the Disciplinary Administrator against Kevin C. Harris, an attorney admitted to the practice of law in Kansas. The subject matter of this proceeding, a fee dispute with...
LEMUZ v. FIESER - 3/7/1997
The opinion of the court was delivered by
This case is before the court on a question certified by the United States District Court for the District of Kansas under the Uniform Certification of Questions of Law Act, K.S.A....
ASSOCIATED WHOLESALE GROCERS - 3/7/1997
The opinion of the court was delivered by
This is a first impression pollution exclusion liability insurance excess coverage case involving a finding of bad faith for refusal to settle within policy limits. The...
EIDEMILLER v. STATE FARM MUT. AUTO. INS. CO. - 3/7/1997
The opinion of the court was delivered by
This litigation involves a claim for underinsured motorist coverage by the insured, James Eidemiller, under three separate policies with State Farm Mutual Automobile Insurance Company...
IN RE DOW - 3/7/1997
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Patrick S. Dow, respondent, an Eureka attorney, admitted to the practice of law in Kansas.
Three complaints filed against...
SHIRLEY v. SMITH - 3/7/1997
The opinion of the court was delivered by
In this medical malpractice case, the jury returned a verdict of $457,000 in favor of the plaintiff, Michelle Shirley. Dr. U. Duane Smith appealed. Shirley filed a cross-appeal, then...
WALTERS v. ST. FRANCIS HOSP. & MED. CTR. - 2/28/1997
Larry R. Walters fainted and was injured at St. Francis Hospital and Medical Center, Inc., (St. Francis) while his fiancee, Mary Beth Burkett, was being treated.
Burkett was treated in St. Francis' emergency room and later...
KELLEY v. BARNETT - 2/28/1997
This is a medical malpractice and wrongful death case stemming from the medical treatment and eventual death of Mary Brown Kelley. The action is brought by Mary's husband Gary M. Kelley, individually and as the special administrator of...
HEANY v. NIBBELINK - 2/28/1997
Mary Ann Heany appeals from the district court's order granting summary judgment to Larry W. Nibbelink, M.D., on her medical malpractice claim.
On January 5, 1992, Heany gave birth to a healthy baby delivered by Dr....
JONES v. SIGG - 1/31/1997
The opinion of the court was delivered by
This is a motor vehicle personal injury case wherein a jury found that Allen Jones sustained a neck injury entitling him to damages of $352,957. John Sigg appealed the trial court's...
BONIN v. VANNAMAN - 12/20/1996
The opinion of the court was delivered by
The plaintiff, Amanda Kay Bonin, brought this action against her medical doctor for malpractice and fraud and against her parents for negligence in not bringing an action against her...
MAAS v. HUXTABLE & ASSOCS. - 12/20/1996
The State Workers Compensation Self-Insurance Fund (Fund) appeals from the judgment of the district court approving a settlement agreement between the plaintiff, Donna D. Maas, and the defendants, Huxtable and Associates, Inc., Robert...
LAY v. KANSAS DEPT. OF TRANSPORTATION - 12/20/1996
Dwight D. Lay appeals the district court's granting of summary judgment to the Kansas Department of Transportation (KDOT) in this personal injury case. We affirm.
Plaintiff was driving his 1982 Datsun automobile west on Jackson...
BIRD v. KANSAS DEPT. OF TRANSPORTATION - 12/13/1996
This is a wrongful death action arising out of the death of Judy K. Bird in a one-vehicle accident. Dr. Galen D. Bird and Linda Bird, parents of the decedent, appeal the order of the district court dismissing their action as barred by...
SCOTT v. WOLF CREEK NUCLEAR OPERATING CORP. - 12/13/1996
At issue in this case is whether the exclusive remedy provision of the Workers Compensation Act bars a civil suit against an employer and coemployees for the negligent treatment of a heart attack, even though the heart attack itself is...
IN RE HOWLETT - 12/6/1996
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Kerry D. Howlett, an attorney admitted to the practice of law in the State of Kansas.
The formal complaint filed against...
KPERS v. REIMER & Koger ASSOCS. - 12/6/1996
The opinion of the court was delivered by
This interlocutory appeal involves the construction and constitutional validity of the recently enacted Kansas Public Employees Retirement System (KPERS) settlement statute, K.S.A. 1995...
KOSER v. ATCHISON - 12/6/1996
The opinion of the court was delivered by
This is an action brought by Stephen A. Koser, a railroad employee, against the Atchison, Topeka and Santa Fe Railway Company (ATSF) under the Federal Employers' Liability Act (FELA), 45...
BETHANY MEDICAL CENTER v. WALLACE - 11/27/1996
Wallace, Saunders, Austin, Brown and Enochs, Chartered, defendant, appeals from the district court's judgment in favor of Bethany Medical Center, plaintiff. We affirm.
The material facts are as follows:
This is...
STATE FARM FIRE & CAS. CO. v. FALLEY - 11/8/1996
State Farm Fire & Casualty Co. (State Farm) filed this declaratory action to obtain a determination that its policy issued to Larry C. Falley did not cover injuries sustained by Donald G. Legleiter. The district court granted...
T.S.I. HOLDINGS - 9/20/1996
The opinion of the court was delivered by
This is a contract case, rich in issues, arising from an attempt to sell stock in a closely held corporation. The appeal involves a written agreement (Agreement) in which T.S.I. Holdings,...
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