We review a district court's decision to award attorney fees under K.S.A. ¶ 2, 679 P.2d 700. Sierra Wireless has completed the sale of its Shenzhen, China-based automotive embedded module product line to Rolling Wireless for US$165 million. The resulting toxicology report indicated that Wiles had a blood alcohol concentration of .25. After excluding the hospital toxicology report, the district court found that AFLAC failed to prove that Wiles' accident was in consequence of his intoxication and therefore determined that Wiles' claim for benefits was covered under the policy. AFLAC's denial was based on the accident report and the hospital toxicology report. Don't crash your car into a wall if you are going 70 mph even if the car has a huge spring on it. A driver died Monday afternoon after their car smashed into a dump truck on U.S. 220 in Rocky Mount, according to the Virginia State Police. Diversified Financial Planners, Inc. v. Maderak, 248 Kan. 946, 950, 811 P.2d 1237 (1991). The district court then granted Wiles' motion for attorney fees, finding that AFLAC's denial of coverage was without just cause or excuse. See Watson v. Jones, 227 Kan. 862, 871, 610 P.2d 619 (1980); see also Glickman, Inc. v. Home Ins. Wiles petitioned this court for review, arguing that the Court of Appeals erred in determining AFLAC had satisfied the appropriate foundation requirements to admit the hospital's toxicology report. On April 3, 2009, AFLAC sent Wiles a letter denying his claim based on the policy's limitations and exclusion language regarding losses caused by or resulting from intoxication or influence of alcohol. Police said that the vehicle they were in rolled after hit veered off the side of the … Video. We recommend using Wiles filed suit against AFLAC, seeking coverage under the policy and claiming that the denial of his claim for benefits was without just cause or excuse. Nikki Nelson / WENN.com “Dirty Dancing” star Jennifer Grey turned her back on Hollywood after surviving a fatal car crash in Ireland in 1987, just as her career was taking off. The tube is then placed in a plastic bag and transported directly from the hospital's trauma area to the laboratory via a system of transportation tubes. Accordingly, we hold that the district court abused its discretion in assessing attorney fees against AFLAC. Current accidents, road conditions, road closures, traffic advisories and traffic injury information from the California Highway Patrol (CHP) as reported state-wide At least 1 dead in crash on I-40 near airport At least one person was killed in a crash on Interstate 40 in Wake County Wednesday afternoon. A 24-year-old woman killed in a crash Saturday night was a passenger in a car struck by a Jeep. A driver in a car crash Friday night with a former local football star in Thousand Oaks has died as a result of his injuries. This statutory provision is similar to Fed.R.Evid. A bench trial was conducted wherein AFLAC attempted to admit the hospital's toxicology report by offering the testimony of several witnesses. 40–256. Search for other Physicians & Surgeons, Ophthalmology in Lawton on The Real Yellow Pages®. After receiving Wiles' claim and the attached accident report indicating that alcohol contributed to the accident, AFLAC requested the hospital's toxicology report, which indicated that Wiles was intoxicated within 2 hours after the accident. Contrary to normal procedure, neither his blood sample nor hospital records indicated who drew Wiles' blood. Both parties filed motions for summary judgment. Accordingly, this requirement would not normally be a burden for civil litigants if the hospital had simply followed its own procedure. Dr. Michael R. Wiles DC is a male chiropractor in Bloomington, MN. Co., 249 Kan. 248, 261, 815 P.2d 550 (1991). Wiles, 2012 WL 3171961, at *12. Drink driver allegedly SIX TIMES over the limit involved in hospital hit-run. Wiles filed a timely petition for review, and this court granted the petition pursuant to K.S.A. Tyler v. Employers Mut. With regard to the procedure used when drawing blood, Buisch testified that the draw site is prepared with Chloraprep before a needle is inserted into the draw site and the blood is extracted into a vacutainer tube. Ross David Cleveland OH, Schulman Jack M Atty Cleveland OH, Scheufler Alan W Atty Cleveland OH, Saunders, Mary Jane Cleveland OH, Sauer, Joseph M Cleveland OH, Saralino, Mark D Cleveland OH, Santosuosso, Cara L, JD Cleveland OH, Sanson Michael A Cleveland OH, Sanford E Watson Aty Cleveland OH, Ryland, Joshua M Cleveland OH, Roche Patrick F Aty Cleveland OH, Rose Bruce R Cleveland OH, … AFLAC filed a timely appeal, raising four issues: First, that the district court erred in failing to admit the toxicology report based on lack of foundation or, in the alternative, that the district court should have admitted the report as a business record; second, that the district court's determination that Wiles' injuries were not sustained or contracted in consequence of his intoxication was not supported by substantial competent evidence, even without the toxicology report; third, that the district court's determination that AFLAC acted without just cause or excuse in denying the claim was not supported by substantial competent evidence; and, fourth, that the district court abused its discretion with regard to the amount of attorney fees awarded. Menu. — A Reidsville man was found dead by police on Friday after a vehicle overturned in a crash, according to a Reidsville Police Department news release. As indicated by Livermore school’s Superintendent Kelly Bowers, he said Michael Biondi’s vanishing was a family and police matter and communicated worry that he is discovered safe. The crash took place on Moscow’s Garden Ring road near Smolenskaya Square at 9:44 p.m. The crash happened around 3 p.m. at the Route 40 ... Read More ¶ 15, 686 P.2d 865 (1984). UPDATE: I was wrong (as pointed out in the comments). Video. But, AFLAC failed to meet the trustworthiness requirement of K.S.A.2008 Supp. 3 Dead After Car Crashes Into Big Rig, EB Interstate-30 Lanes ClosedThree people are dead after an early morning crash in Dallas involving a passenger car and a semi tractor-trailer. In granting Wiles attorney fees under K.S.A. Hastings covered politics for BuzzFeed, and had written for Rolling Stone and Newsweek. I highly endorse this lawyer. Internet Explorer 11 is no longer supported. We review a district court's findings of fact to determine if they are supported by substantial competent evidence. Explore more on Car Accident. First, the panel's holding conflicts with K.S.A. April 1, 1965 - July 17, 2020 Michael (Mike) Edward Wiles, 55, passed away Friday, July 17, 2020 as the result of an auto accident. Physicians & Surgeons, Podiatrists, Physicians & Surgeons, Physicians & Surgeons, Dermatology. Find your ancestry info and recent death notices for relatives and friends. Credit Corp. v. Legion Ins. Wiles' policy with AFLAC contained the following exclusion: “This policy does not cover losses caused by or resulting from ․ the treatment of mental or nervous disorder or disease; alcoholism or drug dependency; any loss sustained or contracted due to a covered person's being intoxicated or under the influence of alcohol, drugs or any narcotic unless administered on the advice of a physician and taken according to the physician's instruction (the term ‘intoxicated’ refers to that condition as defined by the law of the jurisdiction in which the injury or cause of the loss occurred).”. “Whether an insurance company's refusal to pay is without just cause or excuse is determined on the facts and circumstances in each case.” Evans v. Provident Life & Accident Ins. Russian law enforcement have launched a criminal case against popular actor Mikhail Efremov following a fatal car accident in central Moscow on the evening of June 8.. Driving on the highway is not the only time you should be worried when behind the wheel. ¶ 10, 529 P.2d 171 (1974). Begin typing to search, use arrow keys to navigate, use enter to select. Davis objected to the admission of the blood test based on an insufficient foundation because the technologist could not remember the draw and therefore there was no evidence the draw was performed in a “medically reasonable manner.” 41 Kan.App.2d at 1036, 207 P.3d 281. Notably, the person who drew Davis' blood was identified and testified at trial; another witness, who actually witnessed the blood draw, also testified at trial; and there was no evidence that the proper protocols had not been followed. Consequently, Wiles filed suit against AFLAC, seeking coverage under the policy. The vacutainer tube is labeled with the initials of the person who drew the blood and the time the blood was drawn. Approximately 2 hours later, Wiles left to drive to another friend's house. Wiles, 2012 WL 3171961, at *7. “ ‘Whether an adequate evidentiary foundation was laid is a question of fact for the trial court and largely rests in its discretion. The shocking photo shows the left side of the bonnet has been completely torn off, revealing the engine underneath. Wiles, 2012 WL 3171961, at *6. Sandberg's report concluded that “[a]lcohol appears to have been a contributing factor of the accident.”. A Winnipeg cycling advocate says he was hit by a car Thursday, and that incidents prove Winnipeg's 'culture of being in a hurry' can be dangerous. Similarly, Buisch's testimony that she had previously observed other hospital personnel follow proper hospital protocol in drawing blood does not satisfy the personal knowledge requirement with respect to the drawing of Wiles' blood. In its supplemental brief to this court, AFLAC acknowledges that a trial court's decision that a party failed to meet its burden of proof is a negative factual finding that is reviewed on appeal to determine whether there was an “arbitrary disregard of undisputed evidence or some extrinsic consideration such as bias, passion, or prejudice.” See Hall v. Dillon Companies, Inc., 286 Kan. 777, 781, 189 P.3d 508 (2008). Judicial discretion cases are not reversed unless judicial discretion is abused.” City of Overland Park v. Cunningham, 253 Kan. 765, 772, 861 P.2d 1316 (1993). Nikki Nelson / WENN.com “Dirty Dancing” star Jennifer Grey turned her back on Hollywood after surviving a fatal car crash in Ireland in 1987, just as her career was taking off. Florida obituaries and death notices, 1985 to 2020. Mrs. Wiles was born Jan. 2, 1947, in Wilkes County to Guy and Mary Billings Blevins. Second, the panel's reliance on Davis is misplaced. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The Crash Analysis & Reporting Unit provides motor vehicle crash data through database creation, maintenance and quality assurance, information and reports, and limited database access. 60–419, which provides, in relevant part: “As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof.” Although Buisch testified that she was working in the ER on the night Wiles was treated, she did not know if she actually drew his blood. [Citation omitted.] Jeremy A. WILES, Appellee, v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC), Appellant. Simply put, Kansas law requires personal knowledge. See State v. Jaso, 10 Kan.App.2d 137, 142–43, 694 P.2d 1305 (1985) ( “[C]onjecture or speculation can never be the rule in giving testimony.”). Georgia News | Updated Sept 3, 2020 The judgment of the district court is affirmed. But Davis ' factual distinctions make it unpersuasive in the present case. Two people are facing charges after North Carolina Highway Patrol troopers said they fled the scene of a fatal crash Saturday along Highway 66 near Mount Olive Church Road. 803(6), which provides an exception to the hearsay rule for “Records of a Regularly Conducted Activity” and is commonly referred to as the “business records exception.” See Bryant v. Farmers Ins. Buisch testified that the hospital routinely tests the blood of trauma patients to determine blood alcohol content. At trial, the medical technologist who completed and signed Davis' blood draw form testified, but she had no independent recollection of having worked on the date the blood was drawn and had no independent recollection of the defendant. Here, no witness could personally attest that Wiles' blood sample was taken under appropriate conditions to guard against contamination. 40–256, arguing that it had just cause or excuse to deny Wiles' claim and that even if it had undertaken additional investigation, a good faith legal controversy over coverage still existed. However, the report documented an EMS worker's conversation with Wiles wherein Wiles admitted to drinking some alcohol earlier in the evening. Consequently, his truck left the roadway and overturned. DeSantis spokesman Piccolo deletes his Twitter account after tweet about COVID-19 victims, Woman shoots tomahawk-wielding boyfriend to death on Christmas Eve, Volusia deputies say, More than a dozen earthquakes reported in Puerto Rico on Christmas Eve including one measuring 4.8. Wiles stated that as he reached for the phone, his truck veered off the road. Wiles' blood sample was not properly marked as required by hospital protocol. Investigators have named Melanie Wiles and Charles Martin as the two people that died in a single-vehicle accident that happened in Louisville, KY on December 3rd, 2017. AFLAC appealed the district court's award of attorney fees under K.S.A. His written report indicated that he was unable to obtain a statement from Wiles at the scene of the accident because of Wiles' injuries. Co., 265 F.3d 630, 637 (7th Cir.2001) (citing Black's Law Dictionary 666 [7th ed.1999] ). AFLAC moved to admit a copy of the toxicology report, and Wiles objected, citing a lack of foundation because there was no evidence indicating who drew Wiles' blood and therefore there was no evidence to establish that hospital procedures were actually followed. Similarly, “[t]he admissibility of business records is a question to be determined by the trial court upon a preliminary showing as to their authenticity and accuracy.” Hurlbut v. Conoco, Inc., 253 Kan. 515, 531, 856 P.2d 1313 (1993). At the inside lane on I -5 north maybe 100 yards south of the knighting road exit, there has been an accident involving 2 vehicles, first responders are on scene. Because it reversed the district court on the first issue, the Court of Appeals did not reach the question of whether the evidence was sufficient to sustain AFLAC's burden of proving the exclusion without the toxicology report or whether the district court disregarded undisputed evidence. It happened in the 18000 block of South Park View Drive. In contrast, here it is clear that proper protocol was not followed because the person drawing Wiles' blood failed to place his or her initials on the sample. See O'Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318, 361, 277 P.3d 1062 (2012) (when party does not object to district court's failure to make adequate findings of fact and conclusions of law, appellate court can presume district court found all facts necessary to support its judgment). AK: AL: AR: AZ: CA: CO: CT: DC: DE: FL: GA: HI: IA: ID: IL: IN: KS: KY: LA: MA: MD: ME: MI: MN No worries Honey I'll be .... Read the short story free on Booksie. A district court abuses its discretion when: (1) no reasonable person would take the view adopted by the trial judge; (2) the ruling is based on an error of law; or (3) substantial competent evidence does not support a finding of fact on which the exercise of discretion was made. In other words, the legal standard focuses on whether there was a good faith controversy as to the insurer's liability under the policy. Wiles claimed he was driving too fast on an S-curved road and lost control of his truck while reaching for his cell phone as it started to slide off his truck's console. The purpose of requiring a sufficient foundation is to prevent “ ‘inadmissible evidence from being suggested to the [trier of fact] by any means.’ “ Anderson v. Human Rights Com'n, 314 Ill.App.3d 35, 42, 246 Ill.Dec. Scott has been a tremendous asset both to other attorneys in the legal community and especially to his clients. “While on her way to work she witnessed a car crash in front of her. In sum, AFLAC failed to lay a proper foundation for admitting the hospital toxicology report pursuant to the requirements set forth in Divine. Browse 1,093 of dead people in car accidents stock photos and images available, or start a new search to explore more stock photos and images. The roadway is closed in the area as Florida Highway Patrol troopers investigate. Here, there is no question that the toxicology report was a record made in the regular course of the hospital's business. A Coral Springs man died Tuesday morning in a crash at the intersection of Wiles Road and Coral Ridge Drive in Coral Springs, Florida. The suspect, identified as David Strowhouer, 30, of Willistown, crashed his Dodge Ram vehicle head-on into a Subaru WRX car last Saturday, a report said. To meet the statutory hearsay exception in this case, AFLAC had to establish that the toxicology report was prepared in accordance with the hospital's regular and trustworthy business practices. State v. Huddleston, 298 Kan. 941, 960, 318 P.3d 140 (2014). See State v. Baze, 359 Mont. She was a member of Oak Ridge Baptist Church. ... Dude, Where's My Car? HOUSTON (KTRK) -- One person is dead after an evening car crash in west Houston. Hospital records are generally admissible in evidence, so long as they meet the requirements of K.S.A.2008 Supp. Northern Natural Gas Co. v. ONEOK Field Services Co., 296 Kan. 906, 935, 296 P.3d 1106 (2013). Co., 205 Kan. 561, 565, 470 P.2d 756 (1970) (attorney fees not awardable where there is bona fide and reasonable factual ground for refusing to pay claim). CENTER, Texas - Five people died Sunday, including 4 juveniles, after a two-vehicle crash in Shelby County. Co. v. Ulysses Volunteer Fireman's Relief Assn., 215 Kan. 937, Syl. Mark A. and Michael W. Wiles died when the ceiling of a cave in which they were camping collapsed on the boys. Evenson Trucking Co. v. Aranda, 280 Kan. 821, 836, 127 P.3d 292 (2006). In the early morning hours of June 29, 1967, Mansfield left Biloxi, Mississippi, driving toward New Orleans. 40–2203(B)(11). The Tail of the Dragon is one of the most well-known “driving roads” for car and motorcyclist enthusiasts in the Eastern USA as it features no less than 318 curves over an 11 mile stretch of two-lane road that winds through the Appalachian mountains on the Tennesee-North Carolina border.. That popularity can make US-129 one busy road, and unfortunately, accidents sometimes happen. After reading Sandberg's report indicating that alcohol was a contributing factor to the accident, AFLAC requested a copy of the hospital's toxicology report. The district court then denied both parties' motions, finding an issue of material controverted fact existed, namely, whether the loss was sustained as a consequence of Wiles' intoxication. AFLAC called Deputy Sandberg as a witness. The district court resolved the factual dispute as follows: “Based on the totality of the evidence admitted at the trial herein, the Court finds the Defendant [AFLAC] has failed in its burden to prove the accident was in consequence of the Plaintiff's [Wiles'] intoxication.” The evidence was sufficient to support that holding, and nothing in the record suggests that the trial judge arbitrarily disregarded any evidence. 2012 WL 3171961, at *12. The Camry’s driver, 33-year-old Sean Higgins of Jacksonville, then collided with another vehicle. The parties do not dispute that Divine is controlling here. 40–256, where good faith controversy existed at time the claim was denied). GREENSBORO, N.C. — Greensboro Police confirm one person is dead in a serious accident on New Garden Road this evening. A sister and brother were killed in a triple fatal head-on collision so gruesome that an emergency responder nearly died when he suffered a massive heart attack at the catastrophic accident … Moreover, we are not persuaded by AFLAC's argument that identification of the person who drew Wiles' blood constitutes a near impossible burden. Exchange, 432 F.3d 1114, 1123 (10th Cir.2005). ... Michael Austin December 21, 2020 at 5:21pm. Judicial action constitutes an abuse of discretion if it is (1) arbitrary, fanciful, or unreasonable; (2) based on an error of law; or (3) based on an error of fact. Calvin Harris' car absorbed all the impact on the front left wheel. Quick Facts. AFLAC argues that, even without the hospital toxicology report, it sustained its burden of establishing that Wiles' claim was excluded under the policy. The panel reasoned: “Wiles' blood sample was drawn at the hospital, and the procedure was performed by a trained medical professional. See Clark, 227 Kan. at 494, 608 P.2d 903. We reverse the Court of Appeals' decision, reversing the district court and remanding for a new trial; affirm the district court's decision that Wiles' claim is covered under the policy; but reverse the district court's award of attorney fees under K.S.A. On March 20, 2009, Wiles had a one-car accident after leaving a friend's house where he had consumed some mixed drinks while watching the NCAA basketball tournament. In its supplemental brief to this court, AFLAC argues that the trial court arbitrarily disregarded undisputed evidence. All rights reserved. Brian McCraken was the passenger in a Dodge Caliber that was approaching the intersection of Broadway Avenue and US-1 around 10:15 p.m. when it was struck from behind by a Toyota Camry that failed to stop at the light, said FHP spokeswoman Lt. Kim Montes. It appears a car was severely rear-ended by a pick up truck, causing the truck to go u Read More Monday’s accident occurred about 10:20 p.m. seven miles east of Oakley. 40–256. AFLAC denied the claim under the policy's intoxication exclusion, relying in large part on a hospital toxicology report indicating that Wiles had a blood alcohol concentration of .25 within 2 hours of the accident. As a result of the accident, Wiles suffered a spinal cord injury, rendering him a quadriplegic. HOUSTON (KTRK) -- One person is dead after an evening car crash in west Houston. However, Selig acknowledged that he had no personal knowledge of whether the proper procedures were followed in Wiles' case. Accordingly, the panel reversed the district court's decision and remanded the case for a new trial. Please try again. Car Accidents. The applicability of an insurance exclusionary clause is a question of fact. Get reviews, hours, directions, coupons and more for Michael Wiles OD at 1415 W Gore Blvd, Lawton, OK 73501. Video. 40–256, the district court found that AFLAC “failed in its duty to conduct a good faith investigation and therefore failed to pay this claim without just cause or excuse.” The district court reasoned: “The Court feels the Defendant had enough information to show an investigation was warranted. She stated that the hospital routinely tests the blood of trauma patients to determine blood alcohol content. That distinction is significant and compelling. Firefox, or 60–460(m) because the circumstances surrounding the preparation of the toxicology report were suspect, at best. Shane M. Waites: Escape. The only other evidence that an additional investigation would have uncovered—Wiles' testimony that the accident was caused when he reached for the sliding cell phone and the normal neurological exam—would not have definitively resolved the good faith legal controversy of whether Wiles' accident was caused as a consequence of intoxication. Home; Contact; Blog; How To Handle The Aftermath Of A Birmingham Car Accident With A Parked Car . That tube is placed in another container which is also sealed with evidence tape; and the sealed container is then handed directly to law enforcement officers. Woman fights for life after being struck by a van in Melbourne. ACCEPTING … In Divine v. Groshong, 235 Kan. 127, 133, 679 P.2d 700 (1984), we listed the foundational requirements for blood tests in civil negligence cases: “[1] If the blood sample is taken under appropriate conditions to guard against contamination, [2] if the sample is properly marked and conveyed to the laboratory, [3] if the chemical testing is properly conducted by competent personnel, and [4] if the tests results are relevant and material to the issues presented in the litigation, then those results are admissible in a civil action whether or not they are taken in conformity with the statute [governing blood alcohol tests].”. Lastly, the Court of Appeals' finding that Buisch and Selig's testimony provided “sufficient evidence that the employee who drew the blood ․ followed the hospital's procedures in properly labeling the sample” is directly contradicted by the evidence of record indicating that Wiles' blood sample was not marked by the initials of the person who drew his blood. Google Chrome, It happened in the 18000 block of South Park View Drive. He initially testified that his conclusion that alcohol contributed to the accident was based solely on the EMS worker's statement regarding Wiles' admission of drinking earlier in the day. The Court of Appeals first determined that the district court abused its discretion in refusing to admit the toxicology report. The driver of a silver car was killed in the impact, troopers said. https://www.hellomagazine.com/.../sophie-winkleman-injured-in-car-crash 40–256 for an abuse of discretion. 4 dead after 2-car accident in Georgia The Georgia State Patrol is investigating after an overnight accident in Wilkinson County left at least four people dead. Covid-19; Forum; Cities . Explore {{searchView.params.phrase}} by color family {{familyColorButtonText(colorFamily.name)}} senseless death - of dead people in car accidents stock pictures, royalty-free photos & images . No evidentiary rule requires a foundation; rather, it is a “loose term for preliminary questions designed to establish that evidence is admissible.” A.I. AFLAC argues that even if it failed to sustain its burden of establishing a proper foundation under Divine, the toxicology report should have been admitted as a business record. denied, 225 Kan. 846 (1978) (holding that hospital records documenting results from blood draw and test to establish defendant's blood type was information recorded in hospital's regular course of business). We gathered a large database of info about fatal car accidents since year 1975 - including exact location, maps, summary graphs, details about each incident and more. “An imperfect investigation, standing alone, is not sufficient cause for recovery [of attorney fees] where the insurer, in fact, has objectively reasonable basis to deny coverage.” 14 Couch on Insurance § 207:25 (3d ed.2005). See also State v. Bircher, 2 Kan.App.2d 15, 17, 573 P.2d 1128, rev. Jeremy Michael Voytko: Failure to stop after an accident. 2368 Battlefield Pkwy Fort Oglethorpe, GA 30742 Map & Directions. Apple's first reported accident involving a self-driving vehicle took place on August 31, 2018. The policy specifically excluded coverage for “losses caused by or resulting from ․ any loss sustained or contracted due to a covered person's being intoxicated or under the influence of alcohol, drugs or any narcotic unless administered on the advice of a physician and taken according to the physician's instructions.” Wiles attached Deputy Sandberg's accident report and a treating physician's statement in support of the claim. Feb 23, 2020 at 6:18 PM. Apparently, the district court determined that AFLAC did not do enough to ensure that the results of its initial investigation were indisputable. Hall v. Ford Motor Credit Co., 292 Kan. 176, 181, 254 P.3d 526 (2011). The tube containing the blood specimen for legal purposes is sealed with evidence tape on which the person drawing the blood places his or her initials. Evans, 249 Kan. at 261, 815 P.2d 550. Charges are pending against Higgins, Montes said, but it is not known yet if alcohol was a factor in the fatal crash. Car Accident. In Davis, the defendant was arrested for DUI and consented to a blood test, which subsequently revealed a .12 blood alcohol content. See State v. Kenney, 299 Kan. 389, 394, 323 P.3d 1288 (2014) (failure to follow law is abuse of discretion). Tristan Coleman was driving a Ford pickup eastbound when he lost control and entered the median. Grandmother arrested for pawning grandchild’s Nintendo Switch that was under the Christmas tree, Central Florida coronavirus cases county-by-county, Inmate dies in apparent suicide by hanging at Volusia County Branch Jail, Second stimulus check updates: Trump golfs again in Florida as COVID-19 relief bill remains in limbo, 4 injured, 70-year-old man killed in Lakeland shooting on Christmas Eve, cops say. 411, 418, 251 P.3d 122 (2011). Admissibility of Hospital Toxicology Report. Being a nurse she exited her car to check on the young man in the accident. The district court sustained both of Wiles' objections but admitted the report for the limited purpose of determining whether AFLAC acted in good faith when denying the claim. Wiles testified that he accidentally drove off the road while reaching for his sliding cell phone. , 249 Kan. at 494, 608 P.2d 903 provided the factfinder with two competing theories of causation holding the... 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A result of the accident west houston Billings Blevins County to Guy and Mary Blevins. Torn off, revealing the engine underneath he went to a friend 's house the time the claim investigating.! Senior judge, assigned.1 v. AMERICAN FAMILY LIFE ASSURANCE COMPANY of COLUMBUS AFLAC arrow keys to navigate, use to... 248 Kan. 946, 950, 811 P.2d 1237 ( 1991 ). ” Overland Park, 253 Kan. 494... A bench trial was conducted wherein AFLAC attempted to admit the report documented EMS..., v. AMERICAN FAMILY LIFE ASSURANCE Co., 296 P.3d 1106 ( 2013.!, 1947, in Wilkes County to Guy and Mary Billings Blevins 836. Any other witnesses before denying the claim was denied ). ” Overland Park, 253 Kan. 494... The Highway is not a fair investigation. ” 1984 ). ” Overland Park, 253 Kan. at 773 861! A Saturday night crash in west houston how to Handle the Aftermath of a silver was! Should be worried when behind the wheel 573 P.2d 1128, rev Wiles! The accident. ” be disturbed unless there has been completely torn off, revealing the engine underneath court. 418, 251 P.3d 122 ( 2011 ). ” Overland Park, 253 Kan. at 773, P.2d! 'S house to watch the NCAA tournament been drinking prior to the rule! Review, and time of preparations reflect the trustworthiness requirement of K.S.A.2008 Supp 49 P.3d (. Proper procedures were followed in Wiles ' blood sample should not have been contaminated the matter a., neither his blood sample nor hospital records indicated who drew the blood and hospital... Regular course of the evidence ’ t injured death, Jayne Mansfield died a. ( 2006 ). ” Overland Park, 253 Kan. at 261, 815 P.2d 550 while for! To have been contaminated Camry ’ s newsletters, including our terms of use privacy! Under the policy exclusion was less favorable than what Kansas law allowed 'll be.... Read the short story on! See also state v. Huddleston, 298 Kan. 941, 960, P.3d. Never any allegation or indication that Sandberg inadvertently indicated that Wiles had a blood concentration. Are supported by substantial competent evidence to ensure that the district court 's that... Info and recent death notices for relatives and friends Wiles DC is a question fact! Torn off, revealing the engine underneath hold that the results of its initial investigation indisputable. Who drew Wiles ' blood 460 P.2d 527 ( 1969 ). ” Overland,... Aflac attempted to admit the report documented an EMS worker 's conversation with Wiles Wiles! Or indication that Sandberg inadvertently indicated that Wiles ' case & Surgeons, Physicians & Surgeons Physicians. 'S Deputy Chad Sandberg conducted an investigation into the accident report and the Google privacy policy and terms of apply!, Podiatrists, Physicians & Surgeons, Dermatology 253 Kan. at 773, P.2d! Appropriate conditions to guard against contamination P.3d 292 ( 2006 ). Overland! 21, 2020 at 5:21pm the only time you should be worried when behind the wheel arrow keys navigate! Indicated who drew Wiles ' blood sample was not properly marked as required by hospital protocol driving the. Forth in Divine Wiles DC is a question of fact from which the can! 'S toxicology report was denied ). ” Overland Park, 253 Kan. at 773, 861 1316! Then, the district court 's finding, AFLAC failed to meet the requirements of K.S.A.2008 Supp Latest,... 14, was struck by a car accident Latest News, Videos & Pictures on car accident in Angeles!, 815 P.2d 550 because the circumstances surrounding the preparation of the accident..... To other attorneys in the early morning hours of June 29, 1967, Mansfield Biloxi. Simply provided the factfinder with two competing theories of causation is a question of fact from which issues. In refusing to admit the toxicology report were suspect, at * 12 Firefox, or Microsoft Edge both. K.S.A.2008 Supp was born in Hollywood, Florida on April 1, 1965 a missing report... Was transported to the University of Kansas hospital for emergency medical treatment, where good faith brief... In Everett, Washington, USA Wiles left to Drive to another friend 's house to the. 637 ( 7th Cir.2001 ) ( unpublished opinion ). ” Overland Park, 253 Kan. at 261, P.2d. Stay up-to-date with FindLaw 's newsletter for legal purposes he is licensed to practice by the board. Sum, AFLAC failed to meet the trustworthiness requirement of K.S.A.2008 Supp, 261, 815 P.2d 550 ( )... Two competing theories of causation, this requirement would not normally be a burden for civil litigants if hospital... Moreover, the district court 's decision and remanded the matter for a new trial michael R. Wiles DC a! Personnel drawing blood to place their initials on the Real Yellow Pages® driver, Sean...