Kansas Personal Injury Law
Please Note: ALTHOUGH THE FOLLOWING KANSAS SUPREME AND APPELLATE COURT OPINIONS ARE RECENT HOLDINGS, THEY ARE NOT NECESSARILY CONTROLLING LAW. THEY ARE LISTED HERE MERELY TO GIVE THE READER AN IDEA OF HOW KANSAS COURTS HAVE RULED IN PAST DECISIONS. IT IS THEREFORE IMPORTANT THAT ONE NOT BASE FUTURE ACTION ON THE HOLDINGS IN THESE OPINIONS WITHOUT FIRST CONSULTING AN ATTORNEY DULY LICENSED IN YOUR JURISDICTION.
Undefined words in insurance policies are to be given their plain, ordinary and popular meaning. This case also considers what constitutes an accident and distinguishes between so-called accidents and the consequences of intentional acts.
This case considers the affect of the statute of limitations on personal injury actions and when such a statute may not preclude a lawsuit.
This case analyzes a statutory provision that holds one liable for the acts of a minor child when such acts result in the death or injury of another.
This case analyzes the statutory caps of non-economic damages imposed under Kansas law. Namely, it concludes that one's causes of action are to be aggregated under the single cap of $250,000.00.
This case analyzes railroad crossing liability in detail. The Court summarizes it best in paragraph three of the syllabus: "Where a train occupies a crossing, the railroad is under a duty to use reasonable means to warn and avoid injury to the traveling public. The character of the means will depend on the particular conditions and circumstances surrounding the crossing. A railroad may be liable for injuries received by a motorist colliding with a railroad car on a crossing where normal motor vehicle headlights do not reveal the obstruction or where a trap is created by an illusion of safety revealed by the headlights."
A parents cause of action arising out of injuries sustained because of the child's injuries is not barred merely because the parent brought a separate action on behalf of the child arising out of the child's injuries.