McElhaney v. ThomasAnnotate this Case
In this personal injury case, the district court erred when it dismissed Plaintiff’s intentional tort claim and denied her request to seek punitive damages.
Plaintiff filed suit against Defendant after Defendant drove his parents’ truck over Plaintiff’s feet in the high school parking lot. The district court dismissed most of Plaintiff’s claims, Defendant conceded he was negligent, and the case was submitted to a jury on the appropriate measure of Plaintiff’s actual damages. Plaintiff accepted the jury’s award of actual damages but appealed the adverse rulings on her other claims. The court of appeals affirmed. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the court of appeals properly affirmed the district court’s rulings with respect to Plaintiff’s negligent entrustment and uninsured motorist claims; but (2) the district court did not properly evaluate the evidence concerning Defendant’s state of mind and its impact on the legal theories and damages available to Plaintiff pursuant to Kansas law.