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| Atwell v. Imseis, No. 94,726,
COURT OF APPEALS OF KANSAS, March 23, 2007, Opinion Filed
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Overview: In a patient's medical negligence suit against a doctor, where the parties were from a small town, the patient was not unduly prejudiced during the voir dire proceeding under Kan. Stat. Ann. § 60-247 as there was a larger than average pool of potential jurors summoned to the courthouse, and no current patient of the doctor's was on the jury.
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| Casco v. Armour Swift-Eckrich, No. 93,984,
SUPREME COURT OF KANSAS, March 23, 2007, Opinion Filed
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Overview: Workers' Compensation Board erred by concluding that employee suffered a new and separate accident to his right shoulder due to repetitive use where it erroneously interpreted secondary injury rule and evidence established that the injury to the employee's right shoulder was caused by overcompensating for the injury to his left shoulder.
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| Coma Corp. v. Kan. Dep't of Labor, No. 95,537,
SUPREME COURT OF KANSAS, March 23, 2007, Opinion Filed
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Overview: An undocumented worker's employment contract was enforceable under the Kansas Wage Payment Act, Kan. Stat. Ann. § 44-312 et seq., as he was an employee and state law was not preempted by the Immigration Reform and Control Act, 8 U.S.C.S. § 1324a et seq. The agency's decision to assess penalties for the employer's failure to pay wages was proper.
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| In re Mechanic's Lien Against City of Kan. City, No. 97,086,
COURT OF APPEALS OF KANSAS, March 23, 2007, Opinion Filed
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Overview: In the County's action for judicial review of the status of a mechanics' lien on county property under Kan. Stat. Ann. § 58-4301 based on the lessee's failure to pay for improvement's the contractor allegedly made, the trial court properly set aside the lien against the County's fee simple interest in the property as the lien was fraudulent.
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| Mooney v. City of Overland Park, No. 95,468,
SUPREME COURT OF KANSAS, March 23, 2007, Opinion Filed
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Overview: In landowners' challenge to the value determination of property taken by the City, exclusion of the landowners' proffered evidence of a prior sale of a piece of the land was proper as the small, unimproved corner tract sold was so dissimilar to the large, improved tract being condemned, that the sale was irrelevant under Kan. Stat. § 60-401(b).
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| Nungesser v. Bryant, Nos. 94,176, 94,888,
SUPREME COURT OF KANSAS, March 23, 2007, Opinion Filed
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Overview: Traffic collision took place between motorcyclist and a driver, who allegedly failed to yield the right of way. Driver's third-party suit against insurer that alleged bad faith was not yet permissible because underlying tort suit had not concluded. Although Kan. Stat. § 60-214 provided a procedural vehicle, it did not create any substantive rights.
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| State v. Green, No. 94,162,
SUPREME COURT OF KANSAS, March 23, 2007, Opinion Filed
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Overview: Defendant was charged with capital murder, attempted murder, and aggravated arson. Trial court did not abuse discretion in denying defendant's motion to withdraw her no contest plea because, under Kan. Stat. Ann. § 22-3210(d), there was no manifest injustice present, and defendant failed to show factual basis for plea was undercut by new evidence.
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| State v. Walker, No. 95,095,
SUPREME COURT OF KANSAS, March 23, 2007, Opinion Filed
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Overview: Inevitable discovery supported the denial of a motion to suppress because, although officers used evidence from both the admissible and inadmissible portions of defendant's interrogation, the car used in the shooting was located after officers followed other leads, conducted interviews of other witnesses, and assimilated independent information.
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| Wentland v. Uhlarik, No. 96,390n11 REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2006 Kan. Ct. R. Annot. 50). The published version was filed with the Clerk of the Appellate Courts on May 22, 2007.,
COURT OF APPEALS OF KANSAS, March 23, 2007, Opinion Filed
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Overview: A former boyfriend's past harassment of his former girlfriend, his ongoing infatuation with her, and two recent encounters between the parties at public places provided a district court with ample evidence to support the entry of a final protection from stalking order under Kan. Stat. Ann. § 60-31a02.
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