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Court of Appeals of Kansas Court Cases
Foulk v. Colonial Terrace (1994)
On August 22, 1991, claimant suffered a lower back injury while working at Colonial Terrace (Colonial), a nursing home. Claimant worked at Colonial as a Certified Nurses Aide (CNA). Claimant advised her supervisor of this injury. The day after her injury, she was unable to return to work.
Court: Court of Appeals of Kansas Docket: 71,139
Murphy v. City of Topeka (1981)
Robert E. Duncan, II, assistant city attorney, and Timothy E. Paul, deputy city attorney, of Topeka, for the appellees and cross-appellants City of Topeka-Shawnee County Department of Labor Services.
Court: Court of Appeals of Kansas Docket: 51,847
Plaintiff, Hutchinson National Bank and Trust Company, appeals from the declaratory judgment granted defendant, Ida Brown, by the Reno County District Court. The primary issue on appeal is whether a unilateral pledge of a certificate of deposit, held in joint tenancy, severs any one of the four unities required for the continued existence of a joint tenancy. We find that the unity of interest is severed and reverse.
Court: Court of Appeals of Kansas Docket: 60,645
This appeal arises out of the termination on January 29, 1982, of plaintiff Thomas J. Allegri's employment by the defendant, Providence-St. Margaret Health Center. Plaintiff is a physical therapist who had worked for defendant Health Center and its predecessor institutions, St. Margaret Hospital and Providence Hospital, since 1955.
Court: Court of Appeals of Kansas Docket: 56,158
State v. Hayes (1983)On April 23, 1982, the defendant, Lucinda D. Hayes, was driving a gray Camaro in Abilene, Kansas, in such a manner as to attract the attention of an Abilene police officer, Officer Britt. Officer Britt radioed to another Abilene police officer, Officer Duer, that he should keep an eye on the Camaro. Officer Duer followed Ms. Hayes and when he attempted to run a license plate check to be sure the vehicle wasn't stolen, he discovered that the plate was not a Kansas plate, and that the state [...]
Court: Court of Appeals of Kansas Docket: 55,023
State v. Merrills (2007)
This is an appeal following the trial court's resentencing of Mario Merrills upon remand from this court. Merrills challenges the court's rejection of his objection to his criminal history and its decision to impose consecutive sentences.
Court: Court of Appeals of Kansas Docket: 95,117
This is an appeal by Wanda Pilcher from the orders of the district court directing verdicts in favor of the Board of County Commissioners of Wyandotte County (Board) on her causes of action against the Board for damages for breach of an implied employment contract, violation of her due process rights, and retaliatory discharge for alleged "whistle-blowing." She also complains that the district court erred in instructing the jury on her claim for retaliatory discharge for filing a workers' [...]
Court: Court of Appeals of Kansas Docket: 63,737
On January 30, 1976, Lowell and Judith Lygrisse executed in favor of First National Bank & Trust Company (appellee) a $47,000 promissory note and real estate mortgage describing their homestead in Butler County, Kansas. The mortgage contained a future advance clause stating:
Court: Court of Appeals of Kansas Docket: 52,962
This is a workers compensation action in which claimant, Bobby G. Berry, appeals from the factual findings of the Workers Compensation Board of Review (Board) as to his date of injury and extent of disability. Respondent Boeing Military Airplanes, insurance carrier Aetna Casualty & Surety Company, and the Workers Compensation Fund previously stipulated to the apportionment of liability among them. Consequently, there are no related issues except for claimant's appeal. We affirm in part, [...]
Court: Court of Appeals of Kansas Docket: 71,007
Washington v. State (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. Washington is an inmate in Lansing Correctional Facility (formerly Kansas State Penitentiary). In this action, Washington seeks damages for personal injuries he sustained as a result of an attack upon him by another inmate, Timothy Vaughn. The district court concluded the [...]
Court: Court of Appeals of Kansas Docket: 67,194
Richards v. Bryan (1994)
Richard F. Hayse, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Topeka, and Jeffery L. Carmichael and Jana D. Abbott, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for appellant.
Court: Court of Appeals of Kansas Docket: 70,605
The parties do not dispute the following facts: Louise and James Schroeder purchased a mobile home in 1977. The purchase was financed by a retail sales contract which was assigned to appellant, Hutchinson National Bank (Hutch National). Hutch National noted its security interest on the mobile home's certificate of title. Shortly thereafter, the Schroeders transported the mobile home to their property in Grinnell, Kansas, placed it on a concrete block foundation, and removed the wheels and [...]
Court: Court of Appeals of Kansas Docket: 59,449
In Re HD (1986)This appeal from termination of parental rights involves a question of an Indian tribe's right of notification of involuntary proceedings involving Indian children. Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq. (1982). In this case, parental rights of both the natural mother and father were terminated by the district magistrate judge. Both parents appealed to the district court. On May 2, 1985, upon de novo review, the district judge ordered that parental rights of both parents be [...]
Court: Court of Appeals of Kansas Docket: 58,310
Lamb v. Kansas Parole Board (1991)
Danny Lamb appeals the dismissal of his petition for a writ of habeas corpus, which he filed pursuant to K.S.A. 60-1501. Lamb was sentenced to a term of 30 years to life imprisonment following his 1972 conviction of a class B felony. His first hearing before the parole board was held in November 1987. He was denied parole and passed for further parole consideration for a period of five years. As a result of this five-year pass, Lamb's next parole hearing is scheduled for November 1992.
Court: Court of Appeals of Kansas Docket: 65,875
USD NO. 490 v. Celotex Corp. (1981)This appeal is from a judgment entered in an action by Unified School District No. 490, Butler County, Kansas (USD 490), for both actual and punitive damages, claiming the defendant The Celotex Corporation (Celotex) sold and Sunflower Roofing and Industries, Inc. (Sunflower), had installed a two-ply, built-up roofing system on the El Dorado High School building. USD 490 claimed recovery for fraud and breach of warranty. The jury returned a verdict in favor of USD 490 in the amount of $100,000 [...]
Court: Court of Appeals of Kansas Docket: 51,030
Kimzey v. Interpace Corp. (1985)
On or about April 11, 1980, while operating a pyramid roll machine in the course of his employment, plaintiff received an injury to his foot and leg. The machine was designed, manufactured and distributed by the Lock Joint Pipe Co., Inc., (Lock Joint) prior to a corporate merger in 1962.
Court: Court of Appeals of Kansas Docket: 56,414
Nancy Mayer, and William J. Toppeta, of New York, New York, and Jeanne Gorman Rau, and Frank D. Menghini, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellant.
Court: Court of Appeals of Kansas Docket: 56,072
State v. Alires (1995)
At sentencing, both parties agreed the crime severity level should be 3 on the drug grid; there was a dispute, however, over defendant's criminal history. The trial court found the criminal history should be classified at H. The court then imposed sentence based on the middle sentence in block 3-H of the drug grid, reduced by 6 months. The resulting sentence is 12 months.
Court: Court of Appeals of Kansas Docket: 72,518
Bates v. Hogg (1996)
Plaintiff Dana Bates appeals the trial court's order prohibiting her from presenting evidence on the full value of her medical expenses and limiting the evidence at trial to the actual amounts paid. Bates also appeals the court's ruling limiting the testimony of one of her expert witnesses and the court's order eliminating the jury award for noneconomic damages.
Court: Court of Appeals of Kansas Docket: 73,255
J. Stewart McWilliams, of Linde Thomson Fairchild Langworthy Kohn & Van Dyke, P.C., of Overland Park, and Richard D. Simpson, of Morris, Larson, King & Stamper, P.C., of Overland Park, for the appellant.
Court: Court of Appeals of Kansas Docket: 59,927