The Kansas Supreme Court released the following published decisions today:
Appeal Nos. 112,897 and 119,709: In the Matter of Sam S. Kepfield
Archived oral argument video
Kepfield, of Hutchinson, was suspended from the practice of law for violating the Kansas Rules of Professional Conduct governing diligence, safekeeping property, termination of representation, false statement in connection with disciplinary matter, and misconduct involving dishonesty, fraud, deceit, or misrepresentation.
Appeal No. 112,925: Charles Dawson v. BNSF Railway Co.
Archived oral argument videoDawson filed a claim in Wyandotte County District Court under the Federal Employers’ Liability Act against his employer, BNSF Railway Company, alleging that BNSF’s negligence caused his back injuries. The jury returned a verdict in Dawson’s favor. The Kansas Court of Appeals vacated that verdict, holding that Dawson’s claim was untimely as a matter of law because he should have known of his injury and its cause more than three years before he filed his claim. In a unanimous decision written by Justice Eric Rosen, the Supreme Court reversed the Court of Appeals. It held that Dawson presented enough evidence to support the jury finding that he should not have known of the injury and its cause more than three years before he filed his claim. The court remanded the case to the Court of Appeals for consideration of BNSF’s remaining issues.