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Judge Stephen HillJudge Stephen Hill
Judge Stephen Hill
The case of a KCK school soccer player injured while traveling in a private car on the way to a school soccer game is one that will be considered by a three-judge panel of the Kansas Court of Appeals meeting April 16 at Johnson County Community College.
The panel is hearing oral arguments in six appeals cases and considering the merits of 17 other cases to be submitted without argument while it is meeting in Johnson County.
Judges Stephen D. Hill, G. Joseph Pierron Jr., and Kim R. Schroeder will sit in the Nerman Museum of Contemporary Art, 2nd Floor, in the Hudson Auditorium in Overland Park beginning at 9 a.m. Tuesday. The docket includes appeals arising from Johnson, Miami, and Wyandotte counties.
Judge Hill, who has been designated presiding judge for the panel, has been a member of the Court of Appeals since 2003. Before that, he was a Miami County District Judge from 1981 until his appointment to the appellate court. Judge Pierron has been a member of the Court of Appeals since 1990 and before that served as a Johnson County District Judge from 1982-1990. Judge Schroeder was appointed to the Court of Appeals January 11, 2013, and previously served as a district judge for the 26th Judicial District in southwestern Kansas from 1999 to 2013.
In the case of the school soccer player, a soccer team member was injured during a car accident on the way to the school soccer game. The youth was traveling in a private vehicle with another student. The lawsuit was brought by the youth's mother against the Kansas CIty, Kan., Public School district.
When the youth attempted to obtain coverage for his injuries under the school district's catastrophic injury insurance policy, the insurer, Mutual of Omaha, denied coverage. The district court upheld the denial of coverage, ruling the youth's travel was not "covered travel" as defined by the insurance policy.
The court will consider these questions on appeal: Was the youth's travel "authorized" by the school? And was the youth's travel "subject to reimbursement" by the school?