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--Wrongful Death Online Law Resources, Kansas KANSAS APPEALS AND SUPREME COURT OPINION DATABASE 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. GAMBLIAN v. CITY OF PARSONS, KANSAS, 261 KAN. 541 (1997) Plaintiffs must exhaust administrative remedies (e.g., Workers Compensation Board) before the appellate or Supreme Court has jurisdiction to rule on a employment-based wrongful death action.
WOODRUFF v. THE CITY OF OTTAWA, KANSAS, 263 KAN. 557 (1997) Although not directly applicable to an employee's wrongful death action, this opinion addresses whether an employer may be held liable for the acts of its employee's when wrongful death results from the employee's actions. The Court held, "each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be liable under the laws of this state."
ROTHLISBERGER v. KANSAS NEWMAN COLLEGE, INC., NO. 81,488 (2000) The Court held that a college can be held liable for the death of its scholarship athletes when such death occurs while said athletes are on a mandatory conditioning run.
THIS
SITE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE A SOURCE OF
LEGAL ADVICE AND A LAWYER/CLIENT RELATIONSHIP IS NOT IMPLIED HEREIN. MOREOVER,
KEVIN M. SMITH IS LICENSED TO PRACTICE LAW IN THE STATE OF KANSAS AND THE INFORMATION
CONTAINED HEREIN, UNLESS OTHERWISE NOTED, IS LIMITED IN SCOPE TO KANSAS LAW.
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"Even now my witness is in heaven; my advocate is on high." Job 16:19 (NIV) ©2004 Law Offices of Kevin M. Smith, P.A. All Rights Reserved. |
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