Justia Kansas Supreme Court Opinion Summaries

Shelly Herrell filed suit against National Beef Packing Company to recover for a knee injury she suffered while working in its plant as an independent contractor, alleging negligence in maintaining a dangerous condition and failing to warn of a dangerous condition. The district court denied National Beef's motion for summary judgment and motion for judgment as a matter of law on the duty issue, and the jury entered a verdict in favor of Herrell. The court of appeals reversed and remanded for entry of judgment as a matter of law in favor of National Beef, holding that Herrell's remedy was limited to workers compensation because National Beef did not maintain substantial control over Herrell's employer's activities on the premises. The Supreme Court affirmed in part and reversed in part, holding (1) the district court correctly denied judgment as a matter of law to National Beef because National Beef owed Herrell a duty of reasonable care under the circumstances; and (2) the inclusion in the jury instruction a description of an OSHA regulation, with no opportunity for the jury to differentiate any liability based upon it in the general verdict form, polluted the trial of the case and necessitated reversal. Remanded. View "Herrell v. Nat'l Beef Packing Co." on Justia Law

Plaintiff Gabriel Gaumer filed suit against Rossville Truck and Tractor Company, alleging negligence and strict liability for injuries caused by a used hay baler purchased from Rossville. The district court granted Rossville's motion for summary judgment on both the negligence and strict liability claims. The court of appeals affirmed the district court's decision regarding Gaumer's negligence claim but reversed on his strict liability claim. Rossville petitioned for review, and the Supreme Court granted the petition on the single issue of whether strict liability can be applied to a seller of used goods. After analyzing both the state's common law and the Kansas Product Liability Act, the Court held that sellers of used product are subject to strict liability in Kansas. The decision of the district court was therefore reversed, and the decision of the court of appeals was affirmed. Remanded. View "Gaumer v. Rossville Truck & Tractor Co." on Justia Law

Judith Berry brought negligence and consumer protection claims against defendants National Medical Services and Compass Vision after her urinalysis tests conducted as part of Berry's participation in the Kansas Nurses Assistance Program (KNAP) showed positive results, which meant Berry tested positive for substance abuse in violation of Berry's KNAP agreement. Berry claimed Defendants were negligent in designing, implementing, promoting, and managing their testing protocol and that Defendants knew that because she was a participant in KNAP, her nursing license would be in jeopardy if she tested positive. The district court dismissed Berry's petition with prejudice for failure to state a claim upon which relief may be granted. The court of appeals reversed on the negligence claim, finding that Berry was a foreseeable plaintiff, that the probability of harm was foreseeable, and that there was no public policy against imposing a duty on Defendants. The Supreme Court affirmed, holding (1) Berry was a foreseeable plaintiff and the probability of harm was foreseeable; and (2) there was no public policy to extend protection to Defendants simply because they contracted with a government agency. Remanded. View "Berry v. Nat'l Med. Servs., Inc." on Justia Law

Twenty years before the current dispute arose, Cory Saylor, who worked for Westar Energy, injured his left knee on the job. More recently, Saylor underwent knee replacement surgery. On March 28, 2006, after the surgery, Saylor served a notice of intent and written claim on Westar seeking workers compensation benefits. The ALJ awarded Saylor seventy-four weeks of permanent partial disability compensation. The Workers Compensation Board affirmed. The court of appeals affirmed, holding, inter alia, that Saylor's date of injury was the date he provided notice to Westar on March 28, 2006. On appeal, the Supreme Court affirmed, holding (1) the Board and court of appeals correctly interpreted and applied Kan. Stat. Ann. 44-508(d) as it was written, which resulted in the assignment of March 28, 2006 as Saylor's date of accident; (2) there was substantial competent evidence to support the Board's finding that Westar had knowledge of Saylor's work-related injury before the surgery and that Westar refused or neglected to provide medical treatment for that injury, and therefore, the application of Kan. Stat. Ann. 44-510j(h) was triggered, rendering Westar liable for the cost of Saylor's knee replacement surgery. View "Saylor v. Westar Energy, Inc." on Justia Law

Employee injured his back before beginning work as a service technician for Employer. While working for Employer, Employee experienced a sudden, severe increase of pain in his back. Employee eventually underwent surgery and, later, quit his job after several months of physical therapy. Before undergoing surgery, Employee filed an application for a hearing with the Division of Workers Compensation. The ALJ found Employee was injured during the course of his employment and entered an award for Employee. On review, the Kansas Workers Compensation Board affirmed. The court of appeals reversed the ALJ and the Board, finding that Employee was precluded from compensation because his injuries were the result of the normal activities of daily living. On review, the Supreme Court reversed, holding that Employee was not engaged in the normal activities of day-to-day living when he reached for his tool belt or when he bent down to carry out a welding task. Accordingly, Employee's injury was covered by the Kansas workers compensation statute. View "Bryant v. Midwest Staff Solutions, Inc." on Justia Law