Victory in the Kansas Court of Appeals!
July 23, 2021
On July 16, 2021 the Kansas Court of Appeals handed down a decision in Rodina v. Castaneda. Kyle A. Branson was lead counsel on the case. The case is a dental malpractice case. It is the second lawsuit involving the same issues, but against a different defendant. The Kansas District Court dismissed the case on the Defendant’s motion, ruling that the present lawsuit violated the “one action rule”. Mogenson & Branson, LLC is proud to announce that the District Court’s ruling was successfully overturned and the case was remanded back for further proceedings. In the process, the Kansas court of Appeals re-visited an area of law last touched in 1992 and solidified that Kansas is a “one trial” state, not a “one action” state. Since the Plaintiff had not yet had a trial to determine fault, he was still entitled to that. The decision was published by the Court of Appeals, which means it will likely be a decision that is cited as controlling law on the issue for many years to come. This is a significant achievement for our firm, but more importantly, a good result for our client who can now continue to pursue compensation for his injuries and damages.
The full opinion can be read here: https://www.kscourts.org/Cases-Opinions/Opinions/Published/Rodina-v-Castaneda