personal injury claim (Kansas) · Go Syfert
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personal injury claim in Kansas

14 Kansas opinions name it 2 courts 1972–2026 3 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Shirley v. Smithgreen
kan · 1997 · cited in 1 Kansas opinions naming this issue, 2026–2026
2 sentences

2026In this respect, the legal fees plaintiffs incur to remove or quiet the malicious cloud on title is akin to the medical expenses plaintiffs incur in a personal-injury claim. "'When a pedestrian is struck by a car, he goes to a physician for treatment of his injuries, and the motorist, if liable in tort, must pay the pedestrian's medical fees.'" Brandt v. Superior Court, 37 Cal. 3d 813, 817 , 210 Cal. Rptr. 211 , 693 P.2d 796 (1985); see Shirley v. Smith, 261 Kan. 685, 693 , 933 P.2d 651 (1997) (economic damages include the cost of medical care, past and future).

2026In this respect, the legal fees plaintiffs incur to remove or quiet the malicious cloud on title is akin to the medical expenses plaintiffs incur in a personal-injury claim. "'When a pedestrian is struck by a car, he goes to a physician for treatment of his injuries, and the motorist, if liable in tort, must pay the pedestrian's medical fees.'" Brandt v. Superior Court, 37 Cal. 3d 813, 817 , 210 Cal. Rptr. 211 , 693 P.2d 796 (1985); see Shirley v. Smith, 261 Kan. 685, 693 , 933 P.2d 651 (1997) (economic damages include the cost of medical care, past and future).

11
Toumberlin v. Haasgreen
kan · 1984 · cited in 1 Kansas opinions naming this issue, 2015–2015
2 sentences

2015See Toumberlin v. Haas, 236 Kan. 138 , 689 P.2d 808 (1984) (driver and passenger together sued another driver and a county entity); Smith v. Union Pacific Railroad Co., 222 Kan. 303 , 564 P.2d 514 (1977) *778 (passenger sued the railroad when she was injured after her car was struck by a train); Curtiss v. Fahle, 157 Kan. 226 , 139 P.2d 827 (1943) (passenger filed a personal injury claim after the vehicle in which he was riding collided with a truck).

2015See Toumberlin v. Haas, 236 Kan. 138 , 689 P.2d 808 (1984) (driver and passenger together sued another driver and a county entity); Smith v. Union Pacific Railroad Co., 222 Kan. 303 , 564 P.2d 514 (1977) *778 (passenger sued the railroad when she was injured after her car was struck by a train); Curtiss v. Fahle, 157 Kan. 226 , 139 P.2d 827 (1943) (passenger filed a personal injury claim after the vehicle in which he was riding collided with a truck).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Bell v. Kansas City, Kansas, Housing Authority green
kan · 1999
2 sentences

2006In Bell v. Kansas City, Kansas, Housing Authority, 268 Kan. 208 , 922 P.2d 1233 (1999), the plaintiff filed a personal injury claim against the Kansas City, Kansas Housing Authority (Housing Authority).

2006In Bell v. Kansas City, Kansas, Housing Authority, 268 Kan. 208 , 922 P.2d 1233 (1999), the plaintiff filed a personal injury claim against the Kansas City, Kansas Housing Authority (Housing Authority).

22006–2006
Brandt v. Superior Court green
cal · 1985
2 sentences

2026In this respect, the legal fees plaintiffs incur to remove or quiet the malicious cloud on title is akin to the medical expenses plaintiffs incur in a personal-injury claim. "'When a pedestrian is struck by a car, he goes to a physician for treatment of his injuries, and the motorist, if liable in tort, must pay the pedestrian's medical fees.'" Brandt v. Superior Court, 37 Cal. 3d 813, 817 , 210 Cal. Rptr. 211 , 693 P.2d 796 (1985); see Shirley v. Smith, 261 Kan. 685, 693 , 933 P.2d 651 (1997) (economic damages include the cost of medical care, past and future).

2026In this respect, the legal fees plaintiffs incur to remove or quiet the malicious cloud on title is akin to the medical expenses plaintiffs incur in a personal-injury claim. "'When a pedestrian is struck by a car, he goes to a physician for treatment of his injuries, and the motorist, if liable in tort, must pay the pedestrian's medical fees.'" Brandt v. Superior Court, 37 Cal. 3d 813, 817 , 210 Cal. Rptr. 211 , 693 P.2d 796 (1985); see Shirley v. Smith, 261 Kan. 685, 693 , 933 P.2d 651 (1997) (economic damages include the cost of medical care, past and future).

12026–2026
Power Control Devices, Inc. v. Lerner green
· 2019
1 sentence

2026If not bifurcated, there must be a clean demarcation between the two during the trial with appropriate jury instructions as to each. 56 Kan.

12026–2026
CHELF v. State green
kanctapp · 2011
1 sentence

2025Chelf found that before June 1, 2007, when K.A.R. 44-16-104a replaced K.A.R. 44-16-104, "an inmate could present a personal injury claim to the prison or to the joint committee for purposes of exhausting administrative remedies, but now the inmate must present such a claim to the prison to properly exhaust." (Emphases added.) 46 Kan.

12025–2025
Curtiss v. Fahle green
kan · 1943
2 sentences

2015See Toumberlin v. Haas, 236 Kan. 138 , 689 P.2d 808 (1984) (driver and passenger together sued another driver and a county entity); Smith v. Union Pacific Railroad Co., 222 Kan. 303 , 564 P.2d 514 (1977) *778 (passenger sued the railroad when she was injured after her car was struck by a train); Curtiss v. Fahle, 157 Kan. 226 , 139 P.2d 827 (1943) (passenger filed a personal injury claim after the vehicle in which he was riding collided with a truck).

2015See Toumberlin v. Haas, 236 Kan. 138 , 689 P.2d 808 (1984) (driver and passenger together sued another driver and a county entity); Smith v. Union Pacific Railroad Co., 222 Kan. 303 , 564 P.2d 514 (1977) *778 (passenger sued the railroad when she was injured after her car was struck by a train); Curtiss v. Fahle, 157 Kan. 226 , 139 P.2d 827 (1943) (passenger filed a personal injury claim after the vehicle in which he was riding collided with a truck).

12015–2015
Smith v. Union Pacific Railroad Co. green
kan · 1977
2 sentences

2015See Toumberlin v. Haas, 236 Kan. 138 , 689 P.2d 808 (1984) (driver and passenger together sued another driver and a county entity); Smith v. Union Pacific Railroad Co., 222 Kan. 303 , 564 P.2d 514 (1977) *778 (passenger sued the railroad when she was injured after her car was struck by a train); Curtiss v. Fahle, 157 Kan. 226 , 139 P.2d 827 (1943) (passenger filed a personal injury claim after the vehicle in which he was riding collided with a truck).

2015See Toumberlin v. Haas, 236 Kan. 138 , 689 P.2d 808 (1984) (driver and passenger together sued another driver and a county entity); Smith v. Union Pacific Railroad Co., 222 Kan. 303 , 564 P.2d 514 (1977) *778 (passenger sued the railroad when she was injured after her car was struck by a train); Curtiss v. Fahle, 157 Kan. 226 , 139 P.2d 827 (1943) (passenger filed a personal injury claim after the vehicle in which he was riding collided with a truck).

12015–2015
Davidson v. Denning green
kan · 1996
1 sentence

2010Earlier we discussed Davidson, 259 Kan. 659 , regarding when the statute of limitations period begins to run on a personal injury claim when the fact of injury is not reasonably ascertainable to the *605 injured party.

12010–2010
Hemme v. Bharti green
mo · 2006
1 sentence

2009The Missouri Supreme Court reversed, holding that “[t]he compulsory counterclaim rule does not require a defendant against whom a cross-claim for indemnity, contribution or apportionment of fault is asserted to set forth her claim for injuries against her cross-claiming co-defendant in a response.” 183 S.W.3d at 595 .

12009–2009
Ellis v. Allied Snow Plowing, Removal & Sanding Services Corp. green
connappct · 2004
1 sentence

2004As a result, the Ellis court determined that the tribal court did not have jurisdiction to adjudicate Ellis’ claim. 81 Conn. App. at 113-15 .

12004–2004
Kinsella v. Farmers Insurance Exchange green
coloctapp · 1992
2 sentences

2002On appeal, the Kinsella court recognized that derivative claims are dependent upon the right of the injured party to recover and are subject to the same defenses available to the underlying personal injury claim. 826 P.2d at 435 .

2002On appeal, the Kinsella court recognized that derivative claims are dependent upon the right of the injured party to recover and are subject to the same defenses available to the underlying personal injury claim. 826 P.2d at 435 .

12002–2002
Saucier v. Hayes Dairy Products, Inc. green
la · 1979
1 sentence

1997Harris cites Saucier v. Hayes Dairy Products, Inc., 373 So. 2d 102 (La. 1979), as supporting a rule that when an attorney is prematurely discharged on a contingent fee contract without cause, the amount fixed in the contract should be the proper frame of reference for fixing compensation, not quantum meruit.

11997–1997
Parker v. Volkswagenwerk Aktiengesellschaft green
kan · 1989
1 sentence

1991Plaintiff Parker was represented by the law firm of Michaud, Hutton and Bradshaw (Michaud), while defendant Volks wagenwerk was represented by the law firm of McDonald, Tinker, Skaer, Quinn & Herrington (McDonald). 245 Kan. at 581 .

11991–1991
Fisher v. Toler green
kan · 1965
1 sentence

1983In dismissing the tort claim, the trial court stated: “As was pointed out in the defendant’s brief, the Kansas Supreme Court in the case of Fisher v. Toler, 194 Kan. 701 , squarely upheld the doctrine of spousal tort immunity for intentional torts.

11983–1983
Workman v. City of Emporia green
kan · 1967
2 sentences

1972In Workman v. City of Emporia, 200 Kan. 112 , 434 P. 2d 846 , this court held that a timely filing of a written statement of a personal injury claim pursuant to K.

1972In Workman v. City of Emporia, 200 Kan. 112 , 434 P. 2d 846 , this court held that a timely filing of a written statement of a personal injury claim pursuant to K.

11972–1972

Statutes the citing opinions construe

KS § K.S.A. § 60-1902 (3) KS § K.S.A. § 60-256 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 114 (1979–2026) CA 86 (1953–2025) IL 82 (1912–2021) NY 76 (1962–2026) MO 62 (1967–2025) NJ 51 (1961–2025) PA 43 (1923–2026) OH 42 (1992–2025) FL 40 (1961–2026) GA 38 (1969–2024) IN 37 (1949–2026) MS 36 (1978–2026) LA 34 (1957–2020) KY 30 (1912–2025) CO 29 (1981–2025) AZ 29 (1967–2022) WA 28 (1988–2026) CT 25 (1973–2022) MN 25 (1917–2024) WI 23 (1964–2026) VA 22 (1962–2025) AL 22 (1961–2025) MD 22 (1986–2022) WV 21 (1986–2023) IA 19 (1980–2025) OR 18 (1970–2024) NC 18 (1984–2019) MA 16 (1983–2023) MI 16 (1966–2026) TN 15 (1913–2023) KS 14 (1972–2026) DE 12 (1985–2024) UT 11 (1983–2022) NE 10 (1989–2024) RI 10 (1972–2018) ND 10 (1989–2023) SC 10 (1971–2024) NM 9 (1975–2024) ME 9 (1984–2007) SD 8 (1975–2026) MT 7 (1984–2014) DC 6 (1982–2020) VT 5 (1998–2015) NH 4 (2007–2023) AR 4 (1988–2020) OK 4 (1972–2025) AK 3 (1991–2023) NV 3 (1996–2023) HI 2 (1987–2016) VI 2 (2009–2015) WY 2 (1998–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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