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Simmons v. Porter

Document Justia Case Summary Cited authorities 37 Cited in 27 Precedent Map Related
Docket Number102662
Decision Date08 November 2013
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27 cases
  • State v. Davidson
    • United States
    • Kansas Supreme Court
    • September 17, 2021
    ...more good than harm will come by departing from precedent.’ " Sherman , 305 Kan. at 108, 378 P.3d 1060 (quoting Simmons v. Porter , 298 Kan. 299, 304, 312 P.3d 345 [2013] ).The determinative factor in deciding whether to overturn Petersen-Beard is whether KORA is punitive. Petersen-Beard he......
  • Herington v. City of Wichita
    • United States
    • Kansas Supreme Court
    • December 17, 2021
    ...more good than harm will come by departing from precedent.’ " Sherman , 305 Kan. at 108, 378 P.3d 1060 (quoting Simmons v. Porter , 298 Kan. 299, 304, 312 P.3d 345 [2013] ). In this case, we are clearly convinced that we erred in Stanfield and Rhoten. Based on our analysis above, which is g......
  • Estate of Randolph v. City of Wichita
    • United States
    • Kansas Court of Appeals
    • January 21, 2020
    ...subject to exceptions that are to be given a "strict or narrow interpretation."), overruled on other grounds by Simmons v. Porter , 298 Kan. 299, 312 P.3d 345 (2013) ; Estate of Belden v. Brown County , 46 Kan. App. 2d 247, 290, 261 P.3d 943 (2011). A statutory immunity constitutes a legal ......
  • Tillman v. Goodpasture
    • United States
    • Kansas Supreme Court
    • April 30, 2021
    ...negligent act" by another driver). Sometimes the law takes away an affirmative defense previously available. Simmons v. Porter , 298 Kan. 299, 313-14, 312 P.3d 345 (2013) (holding the court was "clearly convinced preserving assumption of risk as a complete bar to recovery is no longer sound......
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