![]() ![]() Kansas follows the rule that the law of the state where the tort occurred, lex loci delicti, should apply. Likewise, when the facts before the trial court are undisputed, as in this case, the ruling on the summary judgment motion may be reviewed de novo on appeal. The question of which jurisdiction's laws apply in a given case is a legal question over which an appellate court has unlimited review. Plaintiffs' claims were framed on the theories of negligence and negligent entrustment.įollowing its choice-of-law finding, the trial court granted plaintiffs' application for an interlocutory appeal under K.S.A. Kaley's and Jenna's parents filed this action individually and as next friends to their minor daughters against Ken and Karen Allison individually and as guardians ad litem for their minor son and stepson, Chad Leathers. Kaley Raskin and Jenna Turnbaugh, both minors, received personal injuries resulting from a collision of the water craft they occupied and a water craft operated by Chad Leathers in the ocean waters off Cabo San Lucas, Mexico. The trial court found the substantive law of Mexico would govern the claims in this personal injury action where the injuries occurred in Mexico although all parties were Kansas residents. ![]() PADDOCK, J.: This is an interlocutory appeal by the plaintiffs from the partial summary judgment granted to defendants on a choice-of-law question. Prochaska, of Armstrong Teasdale, L.L.P., of Kansas City, Missouri, for appellees.īefore ELLIOTT, P.J., GREEN, J., and PADDOCK, S.J. Davidson, of McCormick, Adam & Long, P.A., of Overland Park, for appellants.Ĭasey O. A "strong public policy" is one so thoroughly established as a state of public mind so united and so definite and fixed that its existence is not subject to any substantial doubt.Īppeal from Johnson District Court JANICE D. A Kansas court will not apply the law of another state or country in a tort claim if the other state's law is contrary to Kansas' strong public policy.ĥ. The rule of lex loci delicti applies in tort cases notwithstanding the injuries were incurred in a foreign country.Ĥ. The rule of lex loci delicti will be applied even though all the parties in the case are Kansas residents.ģ. In tort cases, Kansas follows the rule that the law of the state where the tort occurred, lex loci delicti, should apply.Ģ. Guardians Ad Litem of CHAD LEATHERS, a minor,ġ. KEN ALLISON and KAREN ALLISON, personally and as Next Friends of JENNA TURNBAUGH, a minor, VICTOR and JANET TURNBAUGH, individually, and as Next Friends of KALEY RASKIN, a minor, and GARRY and SUSAN RASKIN, individually and as IN THE COURT OF APPEALS OF THE STATE OF KANSAS ![]()
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