TOPEKA—A three-judge panel from the Kansas Court of Appeals will hear oral argument Tuesday, April 8, at Pittsburg State University in Pittsburg. The public is invited to attend.
The panel will hear oral arguments in two cases starting at 9:30 a.m. in the Sharon Kay Dean Recital Hall in McCray Hall.
Chief Judge Sarah Warner will serve as the presiding judge for the docket. She will be joined by Judges Gordon Atcheson and Lesley Ann Isherwood to hear the cases. Afterward, the judges will be available to answer questions from students, faculty, and the public about the judicial branch, court procedures, the role of judges, the legal profession, and other related matters.
The Pittsburg State University oral arguments are part of an effort by the Court of Appeals to engage with college and university students and the public throughout Kansas. At the same time this panel will hear oral arguments at Pittsburg State University, other three-judge panels will hear cases at Emporia State University, Fort Hays State University, and Johnson County Community College.
"This is the first time in our history the Court of Appeals has visited four colleges or universities during the same docket," Warner said. "The Court of Appeals is a traveling court, so we hear cases at courthouses throughout the state. The April docket gives us an opportunity to show students how the courts operate and answer their questions about legal education and the judicial process. This makes the court and the appellate process accessible to more Kansans."
Warner explained that the April arguments also allow Court of Appeals judges to spend time with the district court judges and their staff.
"We appreciate the work that goes into hosting the Court of Appeals and want to highlight contributions from Chief Judge Lori Bolton Fleming in the 11th Judicial District, as well as Chief Judges Jeffry Larson (5th Judicial District in Emporia), Curtis Brown (23rd Judicial District in Hays), and Charles Droege (10th Judicial District in Olathe) and our partners at each school,” Warner said.
Warner grew up in Pittsburg and is a graduate of St. Mary's-Colgan High School. She said it is an honor to preside over cases heard in her hometown.
Oral argument
Attorneys for each side will have an opportunity to present arguments, and the judges will have a chance to ask questions. The panel will then take each case under consideration and will issue a written decision in the months following the oral argument.
There are 14 judges on the Court of Appeals. Usually, they sit in panels of three to hear arguments and decide cases.
Accommodation
Any person with a disability who requires accommodation to access the docket should notify the judicial branch ADA coordinator as early as possible, preferably 10 working days before the event.
ADA Coordinator
ADA@kscourts.gov
785-296-2256
TTY at 711
9:30 a.m. Tuesday, April 8
McCray Hall
Sharon Kay Dean Recital Hall
Pittsburg State University
Pittsburg
Appeal No. 127,533: Donald Goldstein and Ingrid Goldstein, Co-Executors of the Estate of Mark Allen Goldstein v. Textron Aviation, Inc.
Sedgwick: (Civil Appeal) Goldstein died after the plane he was piloting crashed after losing power in one of its engines. The plane had just been through routine maintenance performed by Textron Aviation, Inc. Goldstein’s heirs sued Textron, claiming the maintenance was deficient and directly resulted in the fatal crash. A jury ruled in Textron’s favor. Goldstein’s heirs appealed, arguing the district court wrongly admitted evidence that changed the outcome of the trial.
Appeal No. 127,119: Sharon Rogers and Robert Rogers, individually and as heirs-at-law of Aryn Rogers, deceased; and as the Co-Administrators of the Estate of Aryn Rogers, deceased v. Matthew Moll, M.D.
Butler: (Civil Appeal) Aryn Rogers was born with hydrocephalus, which was treated by a shunt in her brain. Over the years there were issues with the shunt, and Aryn’s medical team told her family which symptoms might indicate an issue with the shunt and what to do if she experienced those symptoms. Aryn was experiencing some of those symptoms one day, prompting her father, Robert, to drive her to the hospital. He told physicians he believed Aryn might be experiencing a shunt malfunction. Robert was initially told there was nothing wrong with Aryn’s shunt. But her health declined rapidly, and she ultimately passed away. Aryn’s heirs sued Moll, claiming he was negligent in failing to quickly identify the issue and treat Aryn. The case was heard by a jury, which found in Moll’s favor. Aryn’s heirs appealed, claiming errors in instructions given to the jury before deliberations resulted in the wrong verdict.
Note to media
Reporters who plan to cover oral arguments need to be familiar with Supreme Court Rule 1001: Media Coverage of Judicial Proceedings, which prohibits using electronic recording devices during court proceedings. If you want to use a camera, video camera, or audio recording device, you must have permission from the presiding judge. Send your request to corey.shoup@kscourts.gov at least seven days before the scheduled arguments.