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| Bergman v. Commerce Trust Co., N.A., No. 93,936,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Summary judgment was properly awarded to defendants in plaintiffs' action to enforce a right of first refusal to 10 acres of land because plaintiffs' right of first refusal could only be exercised after occurrence of two conditions precedent. Because the conditions were never fulfilled, plaintiffs' right of first refusal never came into existence.
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| Caring Hearts Pers. Home Servs. v. Hobley, No. 94,126,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Court did not err in finding that Kansas long-arm statute, Kan. Stat. Ann. § 60-308(b), applied in agency's action against nurses to enforce noncompetition agreement because nurses, Missouri residents, purposefully entered into contracts in Kansas with a Kansas resident; agency's claim for relief arose out of the claimed breach of those contracts.
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| Johnson v. Johnson County, No. 93,466 n1,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Workers compensation benefits were wrongfully awarded to employee where there was not substantial evidence to support the conclusion that her act of standing up from seated position arose out of her employment under Kan. Stat. Ann. § 44-501(a) and that act was not part of her normal activities of day-to-day living under Kan. Stat. Ann. § 44-508(e).
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| Mo. Bank & Trust Co. v. Gas-Mart Dev. Co., No. 93,662,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: An order confirming an arbitrator's award in favor of a contractor on its claim against a client for payments due under a construction contract was upheld where the contractor's assignment of its right, title, and interest in the arbitration proceeding to a bank was not prohibited by the contract and was valid.
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| Munck v. Kan. Pub. Emples. Ret. Sys., No. 94,800,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Claimant's disability benefits under Kansas Public Employees Retirement System were properly terminated because he refused accommodated employment, which was equivalent to refusing employment for which he was suitably educated and trained; thus, his disability could not be deemed a "total disability" under Kan. Stat. Ann. § 74-4902(32).
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| Phillips v. Tyler, No. 93,146,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Court erred in not awarding sellers summary judgment in buyers' negligent misrepresentation action because three provisions from the parties' agreement, when read together, shielded the sellers from a negligent misrepresentation claim. The buyers had agreed that they were relying only on their own judgment and on their own inspections of the house.
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| State v. Henderson, No. 92,251,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Defendant's conviction for aggravated indecent liberties with a child in violation of Kan. Stat. Ann. § 21-3504(a)(3)(A) was improper under the Sixth Amendment where the taped interview with the victim was testimonial. It was improper for the trial court to admit the evidence in the absence of defendant's ability to cross-examine the victim.
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| State v. Moore, No. 93,521,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Defendant's sentence as a sixth-time DUI offender was improper where he received notice that he was being charged as a third-time DUI offender under Kan. Stat. Ann. § 8-1567(f) and did not receive notice that he was being charged under the harsher penalty provisions of § 8-1567(g).
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| State v. Poage, No. 93,162,
COURT OF APPEALS OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Sufficient evidence supported defendant's conviction for attempted possession of precursors with intent to distribute, in violation of Kan. Stat. Ann. § 65-7006(b), where the evidence showed that he purchased iodine, antihistamine tablets, and other goods to give, distribute, or resell to person who was reported to be manufacturing methamphetamine.
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| Vorhees v. Baltazar, No. 94,123,
SUPREME COURT OF KANSAS, March 10, 2006, Opinion Filed
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Overview: Injured driver's negligence action was improperly dismissed on statute of limitations ground under Kan. Stat. Ann. § 60-203(a) because defendant, yet-to-be-appointed administrator of other driver's estate, named in timely original complaint lacked capacity to be sued and so district court lacked subject matter jurisdiction to decide case on merits.
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