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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Griffin v. Suzuki Motor Corp. - 12/9/2005
This is a products liability case. A sport utility vehicle rollover killed driver Wendy Griffin and injured one of her passengers, her sister Latasha. Wendy's estate, Wendy's heir-at-law, and Latasha ("Griffin") sued Suzuki Motor...

In re Rathbun - 12/9/2005
ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. One-year supervised probation. This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the...

In re Mitchell - 12/9/2005
ORIGINAL PROCEEDING IN DISCIPLINE Two years' supervised probation. This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Amy R. Mitchell, a...

Casco v. Swift-Eckrich - 12/2/2005
Reversed and remanded with directions. Before RULON, C.J., PIERRON and HILL, JJ. We are asked to decide in this case if Alejandro Casco should receive either workers compensation for a permanent partial general disability...

Cutler v. Sosinski - 11/10/2005
Affirmed. Before RULON, C.J., PIERRON and HILL, JJ. Lucy Cutler appeals the district court's order accepting the report of the medical malpractice screening panel (panel). On June 18, 2003, Cutler filed a petition...

Burch v. Burch - 10/7/2005
Affirmed. Before PIERRON, P.J., CAPLINGER, J., and BUKATY, S.J. In this personal injury lawsuit involving an automobile and deer accident, Michele D. Burch, individually and as the parent of Georgia and Grace Burch...

South v. McCarter - 9/9/2005
Affirmed. Isaac John South, a minor, was injured during a physical altercation with defendants Joshua Mills and James McCarter in the mobile home park where both Isaac and Joshua lived with their parents. Isaac's parents brought...

Zak v. Riffel - 7/15/2005
Reversed and remanded. Before MALONE, P.J., GREEN and BUSER, JJ. Kathleen S. Zak filed a medical negligence case seeking damages for the wrongful death of her husband, Michael Zak, a 48-year-old business executive, from...

Casey v. Dillon Companies - 7/1/2005
Affirmed. Before GREENE, P.J., PIERRON and BUSER, JJ. Millie K. Casey appeals the decision of the Workers Compensation Board (Board) that she only suffered a temporary work-related injury as a result of allergic reactions...

Farmers Insurance Co. - 6/10/2005
The United States District Court for the District of Kansas certified two questions regarding the application of uninsured motorist coverage to a self-insured employer: (1) "Are [plaintiffs'] claims barred by the exclusive remedy...

In re Potter - 6/3/2005
ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Indefinite suspension. This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against...

Rose v. Via Christi Health System - 6/3/2005
OPINION ON REHEARING Affirmed. (For original opinion filed October 31, 2003, see Rose v. Via Christi Health System, Inc., 276 Kan. 539, 78 P.3d 798 ). Aldena M. Rose, surviving spouse of Lyle Rose, and Marilyn A....

State v. Dixon - 6/3/2005
Affirmed in part, reversed in part, and remanded for a new trial. Wallace L. Dixon, III, appeals his convictions of two counts of felony murder, five counts of aggravated battery, two counts of burglary, and one count each of...

Poff v. IBP - 3/11/2005
Affirmed. Dick L. Poff appeals the order of the Workers Compensation Board (Board) concerning compensation paid as a result of multiple injuries during his employment at IBP, Inc. Poff argues the Board erred in separating each of...

Bayless v. Dieckhaus - 2/18/2005
Affirmed. Ronald F. Bayless, Jr., appeals from a dismissal granted in favor of Brittany Dieckhaus. On appeal, Bayless argues that the statute of limitations was tolled under K.S.A. 60-517. We disagree with Bayless' argument. The...

State v. Jones - 2/18/2005
The district court of Ellis County found Jarad A. Jones guilty of driving or attempting to drive a vehicle while having a blood alcohol level greater than .08 in violation of K.S.A. 8-1567(a)(2). Jones appealed, claiming that the...

Smith v. Winfield Livestock Auction - 2/18/2005
Affirmed. Bonnie Smith, widow of Phillip M. Smith, appeals the finding of the Workers Compensation Board (Board) that Phillip's fatal injuries did not arise out of and in the course of his employment. We affirm. On October...

In re Rock - 2/18/2005
ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Disbarrment. This is an original, uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Gordon M. Rock,...

Schmidtlien Electric - 1/21/2005
Reversed and remanded with instructions. This appeal concerns two workers compensation cases which have been consolidated. Employer Schmidtlien Electric, Inc., together with its insurance carrier Trinity Universal Insurance...

McCormick v. City of Lawrence - 1/21/2005
Review of the judgment of the Court of Appeals in 32 Kan. App. 2d 817, 89 P.3d 657 (2004). Appeal from Douglas district court; ROBERT W. FAIRCHILD, judge. Judgment of the Court of Appeals affirming the district court is reversed....

State ex rel Stovall v. Reliance Insurance Co. - 1/21/2005
Affirmed in part, reversed in part, and remanded with directions. This litigation arises from the failure of the underground thermal piping system for heating and cooling at the El Dorado Correction Facility (EDCF). The State...

Lyons v. IBP - 12/17/2004
Affirmed. IBP, Inc. appeals the Workers Compensation Appeals Board (Board) order affirming the administrative law judge's award granting workers compensation benefits to Steve L. Lyons. Specifically, IBP appeals the determination...

Gonzalez-Centeno v. North Central Kansas Regional Juvenile Detention Facility - 12/3/2004
Affirmed in part, reversed in part, and remanded. This workers compensation discharge case presents a matter of first impression for the court. A cause of action for retaliatory discharge for exercising rights under the Kansas...

Loucks v. Farm Bureau Mutual Insurance Co. - 12/3/2004
Affirmed in part, reversed in part, and remanded with directions. This is an underinsured motorist (UIM) insurance case. Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau) appeals the judgment for damages and attorney fees...

Jordan v. Pyle - 11/19/2004
Affirmed. Pyle, Inc. (Pyle), and its insurance carrier, Continental Western Insurance Co., appeal the decision of the Workers Compensation Board (Board) awarding disability benefits to Michael Jordan. First, Pyle argues that the...

Diepenbrock v. Merkel - 9/24/2004
Affirmed. John Diepenbrock (Diepenbrock) suffered a heart attack while a patron of Harrah's Prairie Band Casino (Casino) and received medical treatment from William Earl Merkel, Paul Juedes, and Topeka Air Ambulance, Inc....

Hallam v. Mercy Health Center of Manhattan - 9/17/2004
The answers to the certified questions are determined. In connection with a case brought by Kathy Hallam, Julie Ogden, and Nancy Ragan against Mercy Health Center of Manhattan, Inc., Judge Monti L. Belot of the United States...

Farmers Alliance Mutual Insurance Co. v. Garcia - 9/17/2004
Affirmed. This is an action on an insurance contract to recover personal injury protection (PIP) benefits and to recover statutory prejudgment interest and attorney fees. Plaintiff Farmers Alliance Mutual Insurance Company...

Smith v. Almonte - 12/24/2003
Reversed. This appeal is from the trial court's granting of Linda Smith's motion requiring the Healthcare Stabilization Fund (Fund), see K.S.A. 40-3401 et seq., within the same fiscal year to make a second installment payment of...

Neal v. Hy-Vee - 12/24/2003
Affirmed. The Workers Compensation Board (Board) affirmed the decision of the administrative law judge (ALJ) awarding workers compensation benefits to employee Columbus Neal. Employer Hy-Vee, Inc., and its insurer Hawkeye...

Handy v. Reed - 12/24/2003
Affirmed. In this medical malpractice case, Roger Handy appeals from the trial court's grant of summary judgment in favor of William O. Reed, Jr., M.D., based upon the bar of the statute of limitations, K.S.A. 60-513(a)(7), and...

In re Francis - 12/12/2003
One-year suspension. This is an original proceeding in discipline. The hearing panel found respondent Donald J. Francis violated Kansas Rule of Professional Conduct (KRPC) 1.4 (communication) (2003 Kan. Ct. R. Annot. 349) and...

Cunningham v. Braum's Ice Cream and Dairy Stores - 12/12/2003
Affirmed. Plaintiffs Barbara Cunningham and Wanda Yandell ask us to reverse the district court's summary judgment in favor of defendant Braum's Ice Cream and Dairy Stores (Braum's) in this personal injury action. They sued...

Cummings v. City of Lakin - 12/12/2003
This case concerns the interpretation of the notice of claims statute, K.S.A. 2002 Supp. 12-105b. Based upon the district court's interpretation, it dismissed Connie Cummings' personal injury lawsuit against the City of Lakin as...

Rose v. Via Christi Health System - 10/31/2003
Appeal reversed and cross-appeal affirmed. Aldena M. Rose and Marilyn A. Corr, executor of the Estate of Lyle Rose, Deceased, (hereinafter jointly referred to as Rose) appeal the trial court's order allowing Via Christi Health...

Dawson v. Prager - 9/26/2003
Affirmed. Marian Dawson sued Dr. Sandra Prager and The Menninger Clinic, Inc. (Menninger), alleging negligence and other wrongs in her psychiatric care and treatment. Defendants counterclaimed for unpaid medical bills. On...

Smith v. McKune - 9/26/2003
Affirmed. Jerry W. Smith appeals from a judgment of the trial court denying his request to proceed in forma pauperis and dismissing his lawsuit. We affirm. Jerry Smith was convicted of several felony offenses in 1975 and...

Maunz v. Perales - 9/19/2003
Affirmed. This is a medical malpractice action against a psychiatrist whose 16-year-old patient committed suicide after his discharge from a hospital. As plaintiffs, the parents of the patient, Dirk Maunz, alleged Dr. Mercedes...

Smith v. Yell Bell Taxi - 9/12/2003
Reversed and remanded with directions. This appeal reaches this court after the district court dismissed Melissa Smith's lawsuit against Yell Bell Taxi, Inc. (Yell Bell), holding that the statute of limitations barred her suit. ...

Patterson v. Allstate Insurance Co. - 9/5/2003
Affirmed in part and reversed in part. Jacalyn Patterson appeals the statute of limitations dismissal of her lawsuit for personal injury protection benefits. Patterson was injured in a car accident on August 15, 1996, and...

Penn-America Insurance Co. v. Johnson - 8/29/2003
Reversed and remanded. Penn-America Insurance Company (Penn-America) appeals the district court's interpretation of the non-owned auto coverage provision in its garage liability policy. We reverse. Underlying this action is...

Starr v. Union Pacific Railroad Co. - 8/29/2003
Affirmed in part, reversed in part, and remanded with directions. Archer Daniels Midland Corporation (ADM) appeals the district court's grant of summary judgment in favor of Union Pacific Railroad Company (UP) on its claims that...

Telegram Publishing Co. - 5/30/2003
The Kansas Department of Transportation (KDOT) denied Telegram Publishing Co., Inc.'s (Telegram) request for access to the agency's records of hazard ratings for railroad crossings in Finney County, and Telegram filed suit to enforce...

Atchison - 5/30/2003
Affirmed in part, reversed in part, and remanded. This is a declaratory judgment action, which was filed by the Atchison, Topeka and Santa Fe Railway Company (Santa Fe) initially against approximately 120 insurance companies that...

Ferguson v. Smith - 2/28/2003
Affirmed. Jason F. Ferguson filed this interlocutory appeal from the district court's decision granting summary judgment to State Farm Automobile Insurance Company (State Farm) on his breach of contract claim. We affirm. ...

In re Wiles - 12/6/2002
ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Published censure. This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Stanley L....

Smith v. Russell - 12/6/2002
Appeal dismissed. A workers compensation insurer, which had been notified that a civil action had been filed by its insured against a tortfeasor, appeals the district court's denial of its motion to intervene in the civil action...

Watkins v. McAllister - 11/15/2002
Affirmed. In this medical malpractice case, the plaintiff Paul Watkins appeals from the grant of summary judgment to the defendant physicians, S. Desai and James McGovern. (At the request of the parties, the plaintiff's claim...

Raskin v. Allison - 11/8/2002
Affirmed. This is an interlocutory appeal by the plaintiffs from the partial summary judgment granted to defendants on a choice-of-law question. The trial court found the substantive law of Mexico would govern the claims in this...

Kluin v. American Suzuki Motor Corporation - 11/1/2002
Affirmed. The opinion of the court was delivered by SIX, J: This is a personal jurisdiction case focusing on the Kansas long arm statute, K.S.A. 60-308(b.) The plaintiff, Kurt F. Kluin, is a Kansas resident and attorney whose law...

Pipe v. Hamilton - 11/1/2002
Reversed and remanded. Appellant James Pipe appeals the district court's grant of summary judgment in favor of appellee Dr. James J. Hamilton. The district court held that Pipe failed to establish a prima facie case of loss of...

Farmers Insurance Company - 11/1/2002
Affirmed. Bernadette Jokan appeals the district court's grant of summary judgment in favor of Farmers Insurance Company, Inc. (Farmers). The underlying facts in this case are not in dispute and have been stipulated to by...

Bolz v. State Farm Mutual Automobile Insurance Company - 8/23/2002
Reversed and remanded. Medical practitioner Dr. Timothy Bolz filed a breach of contract action, based on an insured's assignment of her right to receive payment for medical services rendered under an automobile insurance policy....

Darnell v. Simmons - 6/21/2002
Affirmed. Chris Darnell appeals the district court's dismissal of his petition for writ of habeas corpus. Darnell contends he has received insufficient medical treatment in violation of his Eighth Amendment right to be free from...

State v. Jones - 5/31/2002
Affirmed. Charles Jones, age 16, was certified to stand trial as an adult on the charge of first-degree murder for the July 21, 1998, shooting death of Robert Trzok. The victim was shot three times in the back of the head,...

Prime v. Beta Gamma Chapter of Pi Kappa Alpha - 5/31/2002
Affirmed. This personal injury action arose out of a fraternity initiation event where Matthew Prime excessively consumed alcoholic beverages, which led to his hospitalization. Prime sued the local chapter and the national...

State v. Hartpence - 3/22/2002
Appeal from Franklin District Court; THOMAS H. SACHSE, judge. Affirmed. Daniel L. Hartpence, a juvenile, was prosecuted as an adult on charges of rape and aggravated criminal sodomy. Hartpence entered Alford pleas to two...

In re Estate of Gardiner - 3/15/2002
Review of the judgment of the Court of Appeals in 29 Kan. App. 2d 92, 22 P3d 1086 (2001). Appeal from Leavenworth district court; GUNNAR A. SUNDBY, judge. Judgment of the Court of Appeals is affirmed in part and reversed in part....

In re Swisher - 3/8/2002
ORIGINAL PROCEEDING IN DISCIPLINE Two-year suspension. This is an original uncontested proceeding in discipline filed by the Disciplinary Administrator's office against the respondent, George W. Swisher, of Oskaloosa, an...

Doss v. Manfredi - 2/15/2002
Appeal from Johnson District Court; LARRY MCCLAIN, judge. Affirmed. Julie Doss appeals the district court's grant of summary judgment in favor of Dr. Ronald Manfredi, a chiropractor. The issue on appeal is whether Manfredi...

Gillespie v. Seymour - 2/1/2002
Appeal from Sedgwick district court; D. KEITH ANDERSON and PAUL BUCHANAN, judges. Reversed and remanded with directions to dismiss. This is a post-settlement controversy, initially between two sibling plaintiffs, Warren...

Yetsko v. Panure - 12/7/2001
Appeal from Rush district court; J. BYRON MEEKS, judge. Affirmed. This is an interlocutory appeal from the district court's granting of partial summary judgment on the wrongful death claim in a wrongful death and personal...

Rebarchek v. Farmers Cooperative Elevator - 12/7/2001
Review of the judgment of the Court of Appeals in 28 Kan. App. 2d 104, 13 P.3d 17 (2000). Appeal from Lane district court. J. BYRON MEEKS, judge. Judgment of the Court of Appeals reversing the district court is affirmed in part and...

Moore v. Luther - 11/30/2001
Appeal from Lyon District Court; JOHN O. SANDERSON, judge. Affirmed in part, reversed in part, and remanded with directions. The plaintiffs, Richard and Sandra Moore, appeal the district court's dismissal, with prejudice,...

Medina v. American Family Mutual Insurance Co. - 9/21/2001
Appeal from Sedgwick District Court; MARK A. VINING, judge. Reversed and remanded with directions. Mary Jane Medina claimed underinsured motorist insurance coverage following a default judgment against the tortfeasor....

White v. Allied Mutual Insurance Co. - 9/21/2001
Appeal from Osage District Court; JAMES J. SMITH, judge. Reversed and remanded with directions. This case requires us to decide whether an insurance company is bound to a settlement agreement negotiated on behalf of an...

Irvin v. Smith - 9/21/2001
Appeal from Sedgwick district court; TOM MALONE, judge. Affirmed. This is a medical malpractice action arising from an undiagnosed ventriculoperitoneal shunt malfunction which ultimately caused permanent brain damage to...

Nold v. Binyon - 9/21/2001
Appeal from Sedgwick district court; D. KEITH ANDERSON, judge. Reversed and remanded. This first impression medical malpractice action arises from the pregnancy of Bonnie Nold and the later birth of her daughter Audra Nold....

Northwest Arkansas Masonry - 9/14/2001
Appeal from Johnson District Court; LAWRENCE E. SHEPPARD, judge. Affirmed. This is a products liability case concerning an alleged product defect in Type S masonry cement powder purchased by Northwest Arkansas Masonry,...

Meyer Land & Cattle Co. v. Lincoln County Conservation Dist. - 9/14/2001
Appeal from Lincoln District Court; THOMAS M. TUGGLE, judge. Affirmed. Meyer Land & Cattle Company (Meyer) appeals from the trial court's dismissal of its action for failure to state an actionable claim against the...

Mulroy v. Olberding - 9/14/2001
Appeal from Nemaha District Court; J.D. EULER, judge. Affirmed in part, reversed in part, and remanded. Dennis J. Mulroy sued Duane L. Olberding and Western Resources, Inc. (Western) alleging that on April 15, 1997,...

Wright v. Bachmurski - 8/10/2001
Appeal from Lyon District Court; MELVIN GRADERT, judge. Reversed and remanded with directions. Plaintiffs Richard Wright, Timothy Wright, Randy Newkirk, Jon Pool, and Pool & Company, Chartered (Plaintiffs) appeal from...

Limestone Farms - 8/10/2001
Appeal from Smith District Court; CHARLES E. WORDEN, judge. Affirmed. This case revolves around the sale of a defective planter. Plaintiffs allege numerous violations of the Kansas Consumer Protection Act (KCPA), K.S.A....

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...

Zimmerman v. Mahaska Bottling Company - 3/9/2001
Appeal from Wabaunsee district court; TRACY D. KLINGINSMITH, judge. Affirmed. This is an interlocutory appeal from the district court's order disqualifying the law firm of Fisher, Patterson, Sayler & Smith (Fisher...

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