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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LAWSON v. CITY OF KANSAS CITY - 6/14/1996
Claimant Gregory S. Lawson is employed by the City of Kansas City (City) as a full-time police officer. He obtained an award in a workers compensation case in the amount of $2,300 for medical expenses for an injury he incurred. The...
PAIDA v. LEACH - 6/7/1996
The opinion of the court was delivered by
Sheila Paida sued John Leach, her former husband and custodial parent of their two children, under the Protection from Abuse Act (Act), K.S.A. 60-3101 et seq., seeking an order which...
OMI HOLDINGS - 6/7/1996
The opinion of the court was delivered by
This case is before the court on three questions certified by the United States Court of Appeals for the Tenth Circuit pursuant to the Uniform Certification of Questions of Law Act,...
STATE v. KAISER - 6/7/1996
The opinion of the court was delivered by
Defendant Joshua Kaiser appeals from his convictions for first-degree felony murder, aggravated kidnapping, aggravated robbery, and unlawful use of a weapon. Defendant claims (1)...
GOLDSMITH v. LEARJET - 5/31/1996
The opinion of the court was delivered by
This case involves conflicts law and statutes of limitations. Heirs and representatives of the estate of Harold Goldsmith, who was killed in the crash of a Learjet aircraft in...
DICKEY v. DAUGHETY - 5/31/1996
The opinion of the court was delivered by
This is a wrongful death action based upon a loss of chance of survival because of medical malpractice. We granted the defendant's petition for review on a single issue involving the...
E.W. v. HALL - 5/31/1996
The opinion of the court was delivered by
The single issue in this case is whether the district court erred in allowing the plaintiff, a judgment creditor, to attach/garnish a savings account and certificate of deposit owned by...
DEGOLLADO v. GALLEGOS - 5/31/1996
The opinion of the court was delivered by
The case involves a question concerning uninsured motorist coverage under an insurance policy issued to Felix Degollado and Vicenta Degollado by United States Fidelity and Guaranty...
SHIRLEY v. SMITH - 5/24/1996
In this tragic medical negligence case, the jury returned a verdict of $457,000 in favor of plaintiff Michelle Shirley. Defendant Dr. U. Duane Smith appeals, claiming the trial court erred in admitting evidence and in allowing...
LANNING v. ANDERSON - 3/22/1996
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated June 11, 1996, pursuant to Rule 7.04 (1995 Kan. Ct. R. Annot. 40).
This is a personal injury action...
MISKEW v. HESS - 3/15/1996
Dr. Don B.W. Miskew appeals from summary judgment granted in favor of Lynn Johnson in Dr. Miskew's malicious prosecution claim. On appeal, Dr. Miskew contends that the trial court inappropriately granted summary judgment because...
KLAUS v. FOX VALLEY SYSTEMS - 3/8/1996
The opinion of the court was delivered by
The United States District Court for the District of Kansas certifies two questions of law for our determination. We have jurisdiction under K.S.A. 60-3201.
The federal district...
STATE v. McINTYRE - 3/8/1996
The opinion of the court was delivered by
This is a direct criminal appeal from convictions of two counts of first-degree murder following a jury trial. Lamonte McIntyre alleges the following errors: (1) The trial court erred in...
IN RE CROCKETT - 3/8/1996
This is an attorney discipline proceeding involving respondent Kenneth F. Crockett, an attorney licensed to practice law in Kansas, whose last registration address is in Topeka.
The complainants, Mr. and Mrs. Gerald Ashton, had...
IN RE McINTOSH - 3/8/1996
This is an original attorney discipline proceeding filed by the office of the Disciplinary Administrator against Michael R. McIntosh, of Kansas City, Kansas, an attorney admitted to the practice of law in Kansas. The complaint filed in...
PETERS v. KANSAS PAROLE BOARD - 3/1/1996
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 15, 1996 pursuant to Rule 7.04 (1995 Kan. Ct. R. Annot. 40).
Ronald Peters appeals the dismissal...
JACKSON v. BROWNING - 12/22/1995
Shane C. Browning's insurer, Shelter Insurance Company (Shelter), paid Machelle Lynn Jackson personal injury protection (PIP) medical benefits and, later, a negligence judgment. PIP benefits were reimbursed to Shelter from the judgment...
GUERRERO v. DOLD FOODS - 12/22/1995
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated February 7, 1996 pursuant to Rule 7.04 (1995 Kan. Ct. R. Annot. 40).
Dold Foods, Inc., (Dold) and its...
CHAPMAN v. BEECH AIRCRAFT CORP. - 12/8/1995
The opinion of the court was delivered by
This is a workers compensation case interpreting the "special hazard" exception to the K.S.A. 44-508(f) "going and coming rule." Melva Chapman, an employee of Beech Aircraft...
GARRISON v. STATE FARM MUT. AUTO. INS. CO. - 12/8/1995
The opinion of the court was delivered by
This is a first-impression automobile insurance coverage case arising from a hunting accident. A shotgun accidentally discharged, injuring Tad Garrison, plaintiff, while Kurt...
IN RE GORDON - 12/8/1995
This is an uncontested attorney discipline proceeding involving respondent Philip D. Gordon, an attorney licensed to practice law in Kansas. Three separate complaints involving seven separate incidents were filed by the Disciplinary...
DICKEY v. DAUGHETY - 11/9/1995
This is a loss of chance of recovery wrongful death action. Ted W. Daughety, M.D., appeals from the district court's calculation of damages after a jury verdict. Richard Dickey cross-appeals the district court's reduction of damages by...
AVES v. SHAH - 11/3/1995
The opinion of the court was delivered by
This case is before the court on questions certified by the United States District Court for the District of Kansas under the Uniform Certification of Questions of Law Act, K.S.A. 60-3201...
NATIONAL COUNCIL ON COMPENSATION INS. v. TODD - 11/3/1995
The opinion of the court was delivered by
This is an appeal by the Kansas Insurance Department (KID). The trial court held that K.A.R. 40-3-50, a regulation promulgated by KID, exceeded the statutory authority of K.S.A. 40-1117,...
IN RE SECK - 11/3/1995
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Kenneth P. Seck, of Overland Park, an attorney admitted to the practice of law in Kansas. A hearing was held before a panel of...
BOULANGER v. POL - 8/18/1995
The opinion of the court was delivered by
This is an action for personal injuries sustained when Darrell W. Boulanger (plaintiff/appellant) was shot by Ron Hill 10 days after Ron was discharged from an intermediate health care...
KINDEL v. FERCO RENTAL - 8/4/1995
The opinion of the court was delivered by
A worker was killed on his return trip home from work. The worker's surviving spouse and minor children claimed death benefits. The Administrative Law Judge (ALJ) denied their claim,...
GRINDSTED PRODUCTS v. KAN. CITY POWER & LIGHT CO - 8/4/1995
Grindsted Products, Inc., (Grindsted) appeals the district court's dismissal of its claim for lack of subject matter jurisdiction. Grindsted argues that a claim for damages under K.S.A. 66-176 need not be first determined by the Kansas...
DAVIDSON v. DENNING - 6/23/1995
This is an action for wrongful death based upon claims of medical malpractice. A brief statement of the facts is necessary for an understanding of our decision.
Buddy Dean Davidson, the decedent, was admitted to Lawrence Memorial...
SEE v. HARTLEY - 6/2/1995
The opinion of the court was delivered by
This is an interlocutory appeal, pursuant to K.S.A. 60-2102(b), by the defendant in a medical malpractice action from the district court's order denying his motion for summary judgment....
FUSARO v. FIRST FAMILY MTG. CORP. - 6/2/1995
The opinion of the court was delivered by
This case involves a homeowner's tort action for damages against a mortgagee based on claims of trespass, conversion, and intentional infliction of emotional distress. The homeowner...
STATE v. COLBERT - 6/2/1995
The opinion of the court was delivered by
Defendant appeals his convictions on one count of aggravated kidnapping, K.S.A. 21-3421; three counts of rape, K.S.A. 21-3502; two counts of aggravated burglary, K.S.A. 1991 Supp....
HELMS v. TOLLIE FREIGHTWAYS - 2/17/1995
Truck Insurance Exchange (Truck) appeals from the decision of the Workers Compensation Board (Board) holding that Truck is liable for Vickie Ruth Helms' compensation for her work-related injury. There is no dispute that Helms sustained...
KELLY v. PRIMELINE ADVISORY - 2/3/1995
The opinion of the court was delivered by
This is a first impression statute of limitations case arising under K.S.A. 17-1268(a), the civil liabilities section of the Kansas
Securities Act (the Act), K.S.A. 17-1252 et...
BRANDT v. KANSAS WORKERS COMPENSATION FUND - 12/20/1994
Harold K. Brandt appeals the denial of his application for review and modification of his workers compensation award under K.S.A. 1992 Supp. 44-528. Brandt contends he can proceed directly against the Workers Compensation Fund in a...
FOULK v. COLONIAL TERRACE - 12/16/1994
Tammy G. Foulk, claimant, appeals from the decision of the Appeals Board for the Kansas Division of Workers Compensation (Board).
Essentially, we must decide if the Board erred in its award of permanent partial general...
JENKINS v. AMCHEM PRODUCTS - 12/16/1994
The opinion of the court was delivered by
Plaintiff Gary Jenkins instituted this products liability action against defendants Amchem Products, Inc., Union Carbide Agricultural Products Company, Rhone Poulenc Ag Company, Platte...
GRUBE v. UNION PACIFIC R.R. CO. - 12/16/1994
The opinion of the court was delivered by
This case deals with the Federal Employer's Liability Act, 45 U.S.C. ยง 51 et seq. (1988), (FELA) and involves a question of whether a railroad employee may recover damages against...
TUCKER v. RIO OPTICAL CORP. - 12/9/1994
Thomas DeCoursey and Pieter Brower (appellants), plaintiff's original attorneys, appeal the order of the district court denying their application for an apportionment of attorney fees between themselves and J.R. Russell and John Fields...
BERRY v. BOEING MILITARY AIRPLANES - 12/9/1994
This is a workers compensation action in which claimant, Bobby G. Berry, appeals from the factual findings of the Workers Compensation Board of Review (Board) as to his date of injury and extent of disability. Respondent Boeing...
McCUBBIN v. WALKER - 12/9/1994
The opinion of the court was delivered by
Plaintiff, Paul McCubbin, by and through his guardian Sheila McCubbin, appealed a district court decision granting summary judgment in a personal injury action to the defendants, Jerald...
GEHRING v. STATE - 12/9/1994
Plaintiff, Susanne Gehring, appeals from the judgment of the district court which dismissed her action filed against the defendant, the Kansas Department of Transportation
(KDOT), because plaintiff's claim was barred by the...
U.S.D. No. 229 v. STATE - 12/2/1994
The opinion of the court was delivered by
In these four consolidated actions, 97 plaintiffs, including unified school districts, taxpayers, and students, challenge the constitutionality of the School District Finance and Quality...
GANN v. JOECKEL - 11/10/1994
Spencer Joeckel appeals from an adverse jury verdict and judgment entered in a wrongful death action. Joeckel maintains the district court erred in computing the damages owed to plaintiffs by misapplying Kansas comparative fault...
MILLER v. LEE APPAREL CO. - 11/8/1994
This case involves an appeal from the trial court's granting of summary judgment to claims made under the Kansas Product Liability Act (KPLA), K.S.A. 60-3301 et seq.
Robert G. Miller sued The Lee Apparel Company and VF...
STATE v. BLOCKMAN - 9/16/1994
The opinion of the court was delivered by
This appeal comes before us on the State's petition for review of the Court of Appeals' decision in 19 Kan. App. 2d 56, 863 P.2d 372 (1993). Brian Blockman was convicted of robbery...
BETHANY MED. CTR. v. WALLACE - 9/16/1994
This appeal involves a dispute regarding the payment of between $70 and $90, depending on whether Bethany Medical Center (hospital) cashed a $22.75 check from the Wallace, Saunders, Austin, Brown & Enochs, Chartered (Wallace,...
STATE v. RANDOLPH - 6/17/1994
This is an appeal from a conviction for aggravated battery, K.S.A. 21-3414. Mickey A. Randolph, who was 16 years old at the time of the offense, was tried as an adult.
The parties do not dispute the facts of the case....
ROGERS v. OMEGA CONCRETE SYSTEMS - 6/17/1994
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 9, 1994, pursuant to Rule 7.04 (1993 Kan. Ct. R. Annot 36).
George Earl Rogers and Matthew...
McKISSICK v. FRYE - 6/3/1994
The opinion of the court was delivered by
Plaintiff filed an action for injuries suffered in an automobile collision. The jury apportioned the fault at 20% to plaintiff and 80% to defendant and awarded $125,388.12 after...
OBERZAN v. SMITH - 3/4/1994
The opinion of the court was delivered by
This summary judgment appeal arises from a medical malpractice case. The plaintiff, Katherine Oberzan, alleged her injuries occurred while being prepared for a barium enema. Paula Davis,...
IN RE MARRIAGE OF WELLIVER - 3/4/1994
The opinion of the court was delivered by
Edwin Welliver appeals the district court's denial of his K.S.A. 60-260(b) motion for relief from a default judgment of divorce because: (1) he was improperly served out of state with...
BRIGHT v. LSI CORP. - 3/4/1994
The opinion of the court was delivered by
This case concerns the effect of plaintiff Samuel Bright's settlement with defendant Cargill, Incorporated (Cargill), on Bright's $665,000 judgment entered by the trial court against LSI...
THOMPSON v. LAW OFFICES OF ALAN JOSEPH - 3/4/1994
Linda Thompson (now Vinduska) appeals a denial of her workers compensation claim. She contends the K.S.A. 1987 Supp. 44-508(f) "going and coming" rule, precluding compensation where an employee is on the way to or from work, was...
HESS v. ST. FRANCIS REGIONAL MED. CENTER - 3/4/1994
The opinion of the court was delivered by
Plaintiff Ralph Hess appeals the jury's finding for the defendant, St. Francis Regional Medical Center (St. Francis), in a negligence action, claiming the trial court erred in:...
SCHRADER v. GREAT PLAINS ELECTRIC CO-OP INC. - 2/11/1994
This wrongful death action arises out of an automobile accident that killed Michelle Schrader, the daughter of Darrell and Judy Schrader. The Schraders sued Great Plains Electric Cooperative, Inc., (Great Plains) alleging the utility...
McCONWELL v. FMG OF KANSAS CITY - 2/2/1994
Plaintiff Edward A. McConwell filed this breach of contract and quantum meruit action, seeking recovery of unpaid attorney fees he claimed were owing from defendants FMG of Kansas City, Inc., FMG of Omaha, Inc., and David H. McMullen...
KENYON v. KANSAS POWER & LIGHT CO. - 12/10/1993
The opinion of the court was delivered by
Plaintiff, Marty Louis Kenyon, appeals from an adverse jury verdict in this personal injury action, claiming that the trial court's application of the provisions of the Overhead Power...
HEPHNER v. TRADERS INS. CO. - 12/10/1993
The opinion of the court was delivered by
The issues in this appeal are what must be proved to recover "substitution benefits" under an automobile insurance policy and whether attorney fees should be paid by the insurance...
SPIVEY v. SAFECO INS. CO. - 12/10/1993
The opinion of the court was delivered by
Plaintiff insured appeals the district court's grant of summary judgment to defendant insurers. The insured filed this action alleging that the insurers breached their contract to defend...
ELLIFF v. DERR CONSTR. CO. - 12/3/1993
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated April 26, 1994, pursuant to Rule 7.04 (1993 Kan. Ct. R. Annot. 36).
Derr Construction Company (Derr)...
STATE v. BLOCKMAN - 11/19/1993
Brian Blockman appeals from his conviction of one count of robbery.
During the early morning hours of March 3, 1992, Blockman entered a convenience store in Lawrence. He handed the store clerk, Ken Duncan, a note which said,...
HENDRIX v. DOCUSORT - 9/24/1993
This case arises out of a personal injury case tried to a jury. The jury returned a general verdict made up of four questions. The jury returned a 10 to 2 verdict for the plaintiff on three of the four questions. However, the majority...
MUZINGO v. VAUGHT - 9/24/1993
Royce and Diantha Muzingo appeal the dismissal of their lawsuit against Jeffrey Vaught as barred by the Kansas statute of limitations (K.S.A. 1992 Supp. 60-513). This case presents a choice of law question.
The Muzingos brought...
MASTON v. HARPER - 9/3/1993
Susan Harper, defendant, appeals the district court's entry of judgment for $5,000 in favor of Nancy Maston, plaintiff, for the subrogation interest of plaintiff's uninsured motorist carrier, Shelter General Insurance Company...
McVAY v. RICH - 9/3/1993
Anita Marie McVay, plaintiff/appellant, appeals the decision of the district court granting summary judgment to Memorial Hospital Corporation of Topeka (Memorial), defendant/appellee, on McVay's claim of negligence against Memorial. ...
SMITH v. MILFELD - 8/20/1993
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 9, 1993, pursuant to Rule 7.04 (1993 Kan. Ct. R. Annot. 36).
In this medical malpractice case,...
LAMB v. CITY OF ELSMORE - 8/6/1993
This is a personal injury action brought by Donald L. Lamb against the City of Elsmore, Kansas (City). Lamb was burned by electrical shock when working on telephone lines for his employer, Craw-Kan Telephone Cooperative (Craw-Kan)....
HURLBUT v. CONOCO - 7/30/1993
The opinion of the court was delivered by
This is an appeal from a jury verdict in a personal injury action in favor of plaintiff, David Hurlbut, against his employer, J & J Metal Products Company (J & J), and...
MGM - 6/16/1993
The opinion of the court was delivered by
This is an action by insureds against the defendant insurance company seeking: (1) a determination that the comprehensive general liability insurance policy in question afforded coverage...
NIDA v. AMERICAN ROCK CRUSHER CO. - 6/16/1993
The opinion of the court was delivered by
The plaintiffs, Gary and Debbie Nida, appeal from an order of the district court entering summary judgment against the Nidas in an action for damages to their residence. The Nidas'...
MARTIN v. BOARD OF JOHNSON COUNTY COMM'RS - 3/19/1993
This is a personal injury action brought by Laverne Martin against the Board of County Commissioners of Johnson County (Board), sitting as the governing body of the Johnson County Unified Wastewater Districts (District). After trial to...
BAUMANN v. EXCEL INDUSTRIES - 3/16/1993
This is a product liability case raising issues of statutory interpretation which are of first impression in the appellate courts> of Kansas. David Baumann brought this action on July 27, 1990, for injuries he suffered when he...
KILNER v. STATE FARM MUT. AUTO. INS. CO. - 3/5/1993
The opinion of the court was delivered by
Plaintiff Wayne Kilner, who was injured by an underinsured motorist, appeals the district court's grant of summary judgment to his insurer, State Farm Mutual Automobile Insurance Company...
FENNESY v. LBI MGT. - 3/5/1993
Deborah Fennesy appeals the dismissal of her claims against Redman Building Products, Inc., d/b/a AlenCo, Inc. An unknown assailant broke into Fennesy's apartment through the apartment's sliding glass door and attacked Fennesy while...
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