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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BROWN v. USAA CAS. INS. CO. - 12/28/1992
This is an interlocutory appeal brought by USAA Casualty Insurance Co. (USAA) from the court's order denying its motion for summary judgment and refusing to enforce an "exhaustion clause" in USAA's policy. We affirm and remand for...
WASHINGTON v. STATE - 12/23/1992
Lee Washington II appeals and the State cross-appeals from the district court's order granting summary judgment in favor of the State in a negligence action filed pursuant to the Kansas Tort Claims Act, K.S.A. 75-6101 et seq....
TULEY v. KANSAS CITY POWER & LIGHT CO. - 12/11/1992
The opinion of the court was delivered by
This is an appeal from the trial court's grant of summary judgment in favor of Kansas City Power & Light Company (KCPL). This is a class action negligence suit on behalf of current...
STATE v. POOLE - 12/11/1992
The opinion of the court was delivered by
This is a direct appeal by James Lyndell Poole, Jr., from his conviction of aggravated robbery, K.S.A. 21-3427. He was acquitted of felony murder.
Two issues are raised...
FOVEAUX v. SMITH - 12/4/1992
This appeal questions the trial court's discretion in limiting participation of the attorneys for a personal injury protection (PIP) insurance carrier in an automobile negligence action and the award of attorney fees to the insured's...
IN RE JARCZYK - 11/19/1992
On June 11, 1992, this court temporarily suspended respondent from the practice of law in the State of Kansas. The temporary suspension was a result of respondent's convictions of two counts of felony theft in violation of K.S.A....
STATE v. HOOKS - 10/30/1992
The opinion of the court was delivered by
Rodney J. Hooks appeals his jury trial convictions of first-degree murder (K.S.A. 1991 Supp. 21-3401), aggravated battery (K.S.A. 21-3414), aggravated robbery (K.S.A. 21-3427), aggravated...
CURRY v. KLEIN - 10/30/1992
The opinion of the court was delivered by
This is a personal injury action arising out of an automobile accident occurring on April 4, 1987, in Prairie Village. Defendant William P. Klein admitted liability and a jury trial was...
PEOPLES BANK OF PRATT v. INTEGRAL INS. CO. - 10/30/1992
The opinion of the court was delivered by
This is a wrongful death action brought on behalf of the estate and heirs of Richard Grossman. The jury assessed 70 percent of the fault against defendants and 30 percent against the...
DIXON v. PROTHRO - 10/30/1992
The opinion of the court was delivered by
Dasie M. Dixon sued David L. Prothro for damages caused by an automobile accident. After the second trial, Dixon moved for a new trial, contending the damages verdict was...
FOUNTAIN v. SE-KAN ASPHALT SERVICES - 8/7/1992
This is an appeal of a wrongful death action filed by the widow and surviving children of David L. Fountain. Fountain was killed when his truck collided with a dump truck hauling asphalt on a rural, dusty, Miami County road. The...
ELITE PROFESSIONALS - 3/6/1992
This is a products liability case. Plaintiff Elite Professionals, Inc., (Elite) a trucking company engaged in the business of interstate transportation of commodities as a common carrier, appeals from the summary judgment entered...
BARKLEY v. FREEMAN - 2/28/1992
Ivan L. Freeman appeals a jury verdict of $165,156.75 in favor of Carol J. Barkley for damages from whiplash injuries she sustained after the car in which she was riding was rear-ended by a car driven by Freeman.
Freeman's...
JONES v. NEUROSCIENCE ASSOCS. - 2/28/1992
The opinion of the court was delivered by
This is a medical malpractice action. Ruby Jones was injured in an automobile accident in November 1985. She underwent a cervical laminectomy on January 17, 1986. During this surgery, the...
KUHL v. ATCHISON - 2/28/1992
The opinion of the court was delivered by
This is a personal injury action arising out of a motor vehicle accident. The plaintiffs Norman Kuhl and Billy D. Van Aken were employees of the defendant, Atchison, Topeka & Santa Fe...
TAMPLIN v. STAR LUMBER & SUPPLY CO. - 12/31/1991
In a personal injury action tried to a jury, plaintiff was awarded $723,150.81, based on the negligence of defendant
Star Lumber & Supply Company, Inc. (Star Lumber). Star Lumber appeals the trial court's denial of its...
DIETZ v. ATCHISON - 12/27/1991
In a wrongful death action, plaintiffs Elda Dietz, Randy Dietz, Gary Dietz, and Verla McGinnes appeal from the district court's order granting summary judgment in favor of defendants The Atchison, Topeka & Santa Fe Railway Co., the...
AGNEW v. DILLONS - 12/13/1991
Guy Agnew, the plaintiff in a personal injury action, appeals from the district court's grant of a directed verdict in favor of the defendant Dillons, Inc., claiming the court erred in: (1) holding that Dillons did not breach the duty...
ELLIS v. STATE FARM MUT. AUTO. INS. CO. - 12/6/1991
The opinion of the court was delivered by
Jack R. Ellis petitioned for review of the Court of Appeals decision limiting his postjudgment interest award. Ellis v. State Farm Mut. Auto. Ins. Co., No. 64,751, unpublished...
COLLINS v. BOARD OF DOUGLAS COUNTY COMM'RS - 12/6/1991
The opinion of the court was delivered by
This is a tort claims act "failure to warn" personal injury case. The result in the trial court was summary judgment for both defendants.
Russell Howard Collins sued the Board of...
MARSHALL v. MAYFLOWER TRANSIT - 12/6/1991
The opinion of the court was delivered by
After a multi-vehicle accident on the Kansas Turnpike caused the death of Thomas Marshall, Sr., his family filed a wrongful death and survival action. All of the defendants settled with...
STATE v. IRVIN - 11/22/1991
This is a direct appeal from the convictions of the appellant for voluntary manslaughter and conspiracy to commit voluntary manslaughter. At the time these crimes were committed,
the appellant was a 16-year-old high school...
WIETHARN v. SAFEWAY STORES - 11/8/1991
Appellant Gerald Wietharn appeals the trial court's finding that a second injury suffered by him while at work is not compensable due to his failure to report it to his employer.
Mr. Wietharn was the manager of a Safeway Store...
NICHOLS v. CENTRAL MERCHANDISE - 9/27/1991
In this personal injury action, it is alleged that Central Merchandise, Inc., d/b/a Super D Drugs, negligently dispensed prescription medication to Juanita D. Nichols which caused bone abnormalities in her subsequently born child,...
SHARPLES v. ROBERTS - 8/7/1991
The opinion of the court was delivered by
Arthur K. Sharples, plaintiff in a medical malpractice action, appeals from separate orders of the district court granting summary judgment to the defendants Warren E. Roberts, M.D., and...
STERBA v. JAY - 8/7/1991
The opinion of the court was delivered by
This is a wrongful death action arising out of a December 1987 motor vehicle/pedestrian accident in which plaintiff Lois E. Sterba's son, Scott A. Beecham, was struck and killed by a...
BAIR v. PECK - 5/24/1991
The opinion of the court was delivered by
This case originated as a medical malpractice action filed in the United States District Court for the District of Kansas. Judge Sam A. Crow, pursuant to the Uniform Certification of...
HALL v. MID-CENTURY INS. CO. - 5/24/1991
The opinion of the court was delivered by
This case is presented to us with a Janus-like characterization. The plaintiff, attorney Robert Hadley Hall, who is appealing, informs us that the issue relates to conversion of a $50,000...
ALLIED MUT. INS. CO. v. GORDON - 5/24/1991
The opinion of the court was delivered by
This is an appeal by the defendant, State Farm Mutual Automobile Insurance Company (State Farm Mutual), from a judgment awarding $99,621.55 in underinsured motorist benefits to Robert...
CONTINENTAL WESTERN INS. CO. v. CLAY - 5/24/1991
The opinion of the court was delivered by
This is a declaratory judgment action wherein Continental Western Insurance Company (Continental) seeks to rescind, ab initio, a temporary automobile liability insurance binder issued to...
STATE v. CADY - 5/24/1991
The opinion of the court was delivered by
John Richard (J.R.) Cady was convicted of first-degree murder. At the time of the murder Cady was a 16-year-old juvenile. The State's request that Cady be tried as an adult was granted by...
STATE EX REL. MAYS v. RIDENHOUR - 5/24/1991
The opinion of the court was delivered by
This is an action brought by the plaintiff, Securities Commissioner of the State of Kansas (Commissioner), seeking equitable relief against the defendants under the provisions of the...
ANDERSON v. SCHEFFLER - 5/24/1991
The opinion of the court was delivered by
This is a personal injury action. Jacob Anderson appeals from the trial court's grant of a partial directed verdict in favor of Randy Scheffler and Industrial Bearing & Transmission...
EARLY DETECTION CENTER - 5/24/1991
The opinion of the court was delivered by
Early Detection Center, Inc., (EDC) appeals from the decision of the trial court granting summary judgment to Dr. Marvin H. Wilson. EDC filed this action against Dr. Marvin H. Wilson, an...
RYDER v. FARMLAND MUT. INS. CO. - 3/1/1991
The opinion of the court was delivered by
This case involves a fee dispute between two law firms arising from the referral of a personal injury case. The controversy between the law firms concerns the division of a contingent...
DEARBORN ANIMAL CLINIC - 3/1/1991
The opinion of the court was delivered by
Plaintiffs, Dearborn Animal Clinic, P.A., and Central Animal Hospital, Inc., appeal from an order of summary judgment in favor of the defendant in a legal malpractice action filed against...
STATE v. MAYBERRY - 3/1/1991
The opinion of the court was delivered by
M. C. Mayberry directly appeals his jury convictions of first-degree murder, K.S.A. 21-3401, and aggravated burglary, K.S.A. 21-3716. Mayberry was sentenced pursuant to the habitual...
GILGER v. LEE CONSTR. - 12/19/1990
The plaintiffs appeal from the granting of summary judgment on behalf of the defendants. The trial court held that the plaintiffs' claims against the defendants were barred by the statute of limitations and granted summary judgment in...
STEWART v. CAPPS - 12/7/1990
REPORTER'S NOTE: TERRY L. BULLOCK, District Judge, was appointed to hear case No. 63,864 vice Justice Abbott pursuant to the authority vested in the Supreme Court by Article 3, ยง 6(f) of the Kansas Constitution.
The opinion of...
LARSON v. BATH - 11/30/1990
Wayne C. Larson appeals the summary judgment in favor of Continental Insurance Company (Continental), which denied Larson's claim for underinsured motorist coverage for an accident.
We reverse.
The facts are essentially...
McGRANAHAN v. McGOUGH - 11/30/1990
This is an appeal from a district court decision that Harold L. McGranahan could structure a settlement in a work-related tort action against a third party to avoid subrogation by Bettis Asphalt, his employer, and National Indemnity...
HUMES v. CLINTON - 5/25/1990
The opinion of the court was delivered by
This is a medical malpractice and products liability case brought by Brenda and Bennie Humes on behalf of their nonviable fetus, as heirs at law of the fetus, and individually against...
GERMANN v. BLATCHFORD - 5/25/1990
The opinion of the court was delivered by
This is an appeal by the plaintiff, Shirley Germann, from an order of the district court which denied her motion for a new trial based upon the inadequacy of the jury verdict. In an...
GOOCH v. BETHEL A.M.E. CHURCH - 5/25/1990
The opinion of the court was delivered by
The plaintiffs appeal from an order of the district court granting summary judgment to certain defendants in an action for the personal injury and wrongful death of Ira and
...
PATTERSON v. BROUHARD - 5/25/1990
The opinion of the court was delivered by
Maynard Patterson (plaintiff/appellant) appeals the entry of summary judgment for Richard W. Brouhard (defendant/appellee) in a personal injury action. The district court...
FARMERS INS. CO. v. GILBERT - 5/4/1990
This is a declaratory judgment action brought by Farmers Insurance Company, Inc., to determine whether Stephen Gilbert, its insured, is entitled to underinsured motorist benefits for injuries he received while riding his motorcycle....
SAMSEL v. WHEELER TRANSPORT SERVICES - 3/21/1990
The opinion of the court was delivered by
Chief Judge Earl E. O'Connor of the United States District Court for the District of Kansas has certified the following question for resolution pursuant to K.S.A. 60-3201: Does K.S.A....
WATKINS v. HARTSOCK - 12/8/1989
The opinion of the court was delivered by
This is an interlocutory appeal from the trial court's ruling that evidence of the misuse of a child safety seat
may not be considered in determining comparative fault under...
MONROE v. GENERAL MOTORS CORP. - 6/22/1989
This is an appeal from a decision by the district court denying appellant Charles Eldon Monroe's claim for workers' compensation benefits.
The claim was first heard by an administrative law judge, who denied it in its entirety....
WILLIAMS v. KEARBEY - 6/9/1989
In this case, we are asked to update Kansas tort law by holding that a 1927 Kansas Supreme Court decision no longer states the current tort law in Kansas. That decision held that " n insane person who shoots and kills another is...
LOVE v. McDONALD'S RESTAURANT - 6/6/1989
Claimant Mary Love appeals from a workers' compensation award which denied her compensation for traumatic neurosis. The appeal raises the single issue of what a claimant must prove to be compensated for traumatic neurosis under the...
WHITE v. VinZANT - 5/5/1989
Whitney VinZant, M.D., and St. Joseph Medical Center, Inc., (St. Joseph) defendants, appeal from the district court's denial of their motions to dismiss or, alternatively, for summary judgment in this medical malpractice action. ...
SOUTHERN AMERICAN INS. v. GABBERT-JONES - 3/10/1989
This is a declaratory judgment action that raises the question whether under a certain excess liability insurance policy there is an enforceable obligation of the insurer to pay punitive damages awarded against the insured. Otherwise...
FIRST HAYS BANSHARES - 3/7/1989
The opinion of the court was delivered by
This case arises from banker's blanket bonds issued by the defendant, Kansas Bankers Surety Company. The
plaintiff, First Hays Banshares, Inc., (Banshares) brought the present...
TOMLINSON v. CELOTEX CORP. - 3/3/1989
The opinion of the court was delivered by
This case was filed in the United States District Court for the District of Kansas and comes before this court by certification pursuant to the Uniform Certification of Questions of Law...
STATE FARM FIRE & CASUALTY CO. v. FINNEY - 3/3/1989
The opinion of the court was delivered by
State Farm Fire & Casualty Co. v. Gordon Finney and Dean Johnson, Case No. 62,711, and Gordon Finney v. Dean Johnson v. State Farm and Casualty Company, Proposed Intervenor, Case No....
IN RE MARRIAGE OF POWELL - 12/22/1988
Michael L. Powell appeals from the division of property and the award of maintenance in a divorce action.
Brenda Powell and Michael Powell were married on December 12, 1965. At the time, Brenda was working as a bank teller. In...
MICK v. MANI - 12/9/1988
The opinion of the court was delivered by
This is a medical malpractice action in which plaintiff Douglas Mick claims damages arising from reconstructive surgery performed by defendant, Dr. Mani M. Mani. The district court...
WISKER v. HART - 12/9/1988
The opinion of the court was delivered by
This is a medical malpractice action wherein
the jury found plaintiff's decedent 60 percent at fault. The plaintiff appeals therefrom.
The first issue is whether the...
HARRIER v. GENDEL - 3/25/1988
REPORTER'S NOTE: The holding in this case on the issue of erroneous admission of collateral source evidence was overruled in a 5-2 decision of the Supreme Court in Wisker v. Hart, 244 Kan. 36, Syl. 4, 766 P.2d 168 (1988).
The...
ANDERSON v. SCHEFFLER - 3/25/1988
The opinion of the court was delivered by
This is a personal injury action. Jacob Anderson appeals the granting of summary judgment by the Wyandotte District Court in favor of Randy Scheffler and Industrial Bearing and...
MATHIS v. TG & Y - 2/29/1988
The opinion of the court was delivered by
Plaintiff/appellant Jack Mathis filed a personal injury suit against defendant/appellee TG&Y. Prior to adjudication of the action, plaintiff filed a second suit, arising out of the...
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