Similarly, “[t]he admissibility of business records is a question to be determined by the trial court upon a preliminary showing as to their authenticity and accuracy.” Hurlbut v. Conoco, Inc., 253 Kan. 515, 531, 856 P.2d 1313 (1993). 2368 Battlefield Pkwy Fort Oglethorpe, GA 30742 Map & Directions. She alluded a request to the San Ramon Police Department, where a missing people report was documented. 2012 WL 3171961, at *9. ¶ 10, 529 P.2d 171 (1974). Add Hours. It did not have sufficient evidence to deny the claim without investigating.”. Michael Hastings, the fearless journalist whose reporting brought down the career of General Stanley McChrystal, has died in a car accident in Los Angeles, Rolling Stone has learned. “A trial judge has considerable discretion in evidentiary rulings concerning foundation evidence. Investigators have named Melanie Wiles and Charles Martin as the two people that died in a single-vehicle accident that happened in Louisville, KY on December 3rd, 2017. Michael Lynch, 14, was struck by a car while crossing Cooper Road on March 30. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Michael Todd Wiles, DPM (706) 861-6200. AFLAC appealed, and the Court of Appeals reversed the district court's findings and remanded the matter for a new trial. The Court of Appeals first determined that the district court abused its discretion in refusing to admit the toxicology report. denied, 225 Kan. 846 (1978) (holding that hospital records documenting results from blood draw and test to establish defendant's blood type was information recorded in hospital's regular course of business). Northern Natural Gas Co. v. ONEOK Field Services Co., 296 Kan. 906, 935, 296 P.3d 1106 (2013). After excluding the hospital toxicology report, the district court found that AFLAC failed to prove that Wiles' accident was in consequence of his intoxication and therefore determined that Wiles' claim for benefits was covered under the policy. However, the report documented an EMS worker's conversation with Wiles wherein Wiles admitted to drinking some alcohol earlier in the evening. Evans, 249 Kan. at 261, 815 P.2d 550. See O'Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318, 361, 277 P.3d 1062 (2012) (when party does not object to district court's failure to make adequate findings of fact and conclusions of law, appellate court can presume district court found all facts necessary to support its judgment). Michael Hetherington 4 dead after 2-car accident in Georgia The Georgia State Patrol is investigating after an overnight accident in Wilkinson County left at least four people dead. The only other evidence that an additional investigation would have uncovered—Wiles' testimony that the accident was caused when he reached for the sliding cell phone and the normal neurological exam—would not have definitively resolved the good faith legal controversy of whether Wiles' accident was caused as a consequence of intoxication. At trial, the medical technologist who completed and signed Davis' blood draw form testified, but she had no independent recollection of having worked on the date the blood was drawn and had no independent recollection of the defendant. Michael Schumacher's family hoping for 'medical miracle' to save F1 legend four years after horrific accident The statement read: "Henceforth, Michael's rehabilitation will take place at his home. Hastings covered politics for BuzzFeed, and had written for Rolling Stone and Newsweek. Second, the panel's reliance on Davis is misplaced. The email address cannot be subscribed. The Camry’s driver, 33-year-old Sean Higgins of Jacksonville, then collided with another vehicle. The crash happened shortly … See State v. Jaso, 10 Kan.App.2d 137, 142–43, 694 P.2d 1305 (1985) ( “[C]onjecture or speculation can never be the rule in giving testimony.”). While there, he drank some vodka mixed with orange juice but could not remember how many drinks he consumed. The district court then denied both parties' motions, finding an issue of material controverted fact existed, namely, whether the loss was sustained as a consequence of Wiles' intoxication. SUBSCRIBE NOW. 60–460(m) because the circumstances surrounding the preparation of the toxicology report were suspect, at best. The panel reasoned: “Wiles' blood sample was drawn at the hospital, and the procedure was performed by a trained medical professional. Co., 240 Kan. 229, 239, 729 P.2d 1160 (1986) ( “just cause” exists where insurer has raised genuine issues in good faith); Clark Equip. 40–256. Alliance Life Ins. Instead, it would have simply provided the factfinder with two competing theories of causation. April 1, 1965 - July 17, 2020 Michael (Mike) Edward Wiles, 55, passed away Friday, July 17, 2020 as the result of an auto accident. After reading Sandberg's report indicating that alcohol was a contributing factor to the accident, AFLAC requested a copy of the hospital's toxicology report. ¶ 2, 679 P.2d 700. Mark A. and Michael W. Wiles died when the ceiling of a cave in which they were camping collapsed on the boys. Because of a breach of the hospital's own protocol that required the identification of the person who drew the blood, coupled with the hospital personnel's inability to independently recall the circumstances of the blood draw, AFLAC could not meet its burden. Search for other Physicians & Surgeons, Ophthalmology in Lawton on The Real Yellow Pages®. Covid-19; Forum; Cities . 1:29. Buisch testified that the hospital routinely tests the blood of trauma patients to determine blood alcohol content. 60–2101(b). Hall v. Ford Motor Credit Co., 292 Kan. 176, 181, 254 P.3d 526 (2011). However, Selig acknowledged that he had no personal knowledge of whether the proper procedures were followed in Wiles' case. But we are not in a position to reweigh the evidence presented to the trial judge. 40–256 must be denied when there is good faith legal controversy as to liability); Koch, Administratrix v. Prudential Ins. Michael Shamus Wiles was born on October 27, 1955 in Everett, Washington, USA. Monday’s accident occurred about 10:20 p.m. seven miles east of Oakley. 40–256 provides, in relevant part, that, “in all actions ․ in which judgment is rendered against any insurance company ․ if it appear[s] from the evidence that such company ․ has refused without just cause or excuse to pay the full amount of such loss, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney's fee for services in such action․” (Emphasis added.). I highly endorse this lawyer. State v. Huddleston, 298 Kan. 941, 960, 318 P.3d 140 (2014). 40–256, arguing that it had just cause or excuse to deny Wiles' claim and that even if it had undertaken additional investigation, a good faith legal controversy over coverage still existed. ¶ 15, 686 P.2d 865 (1984). Don't crash your car into a wall if you are going 70 mph even if the car has a huge spring on it. Moreover, Wiles admitted that he had been drinking prior to the accident. AFLAC called Deputy Sandberg as a witness. A week after the accident, Wiles submitted a claim to AFLAC pursuant to his policy, which provided certain hospital intensive care benefits in the event of sickness, disability, and/or an accident. On March 20, 2009, Wiles had a one-car accident after leaving a friend's house where he had consumed some mixed drinks while watching the NCAA basketball tournament. Wiles, 2012 WL 3171961, at *6. Credit Corp. v. Legion Ins. A Winnipeg cycling advocate says he was hit by a car Thursday, and that incidents prove Winnipeg's 'culture of being in a hurry' can be dangerous. As such, AFLAC failed to present sufficient evidence to establish that Wiles' blood sample was drawn under appropriate conditions to guard against contamination, as required by Divine. Toggle navigation. K.S.A.2008 Supp. Save 90%. A bench trial was conducted wherein AFLAC attempted to admit the hospital's toxicology report by offering the testimony of several witnesses. “Whether an insurance company's refusal to pay is without just cause or excuse is determined on the facts and circumstances in each case.” Evans v. Provident Life & Accident Ins. However, we part company with the district court regarding its determination that AFLAC's denial of coverage was without just cause or excuse and reverse that portion of the district court's judgment awarding attorney fees to Wiles under K.S.A. See State v. Kenney, 299 Kan. 389, 394, 323 P.3d 1288 (2014) (failure to follow law is abuse of discretion). See also State v. Bircher, 2 Kan.App.2d 15, 17, 573 P.2d 1128, rev. On March 20, 2009, Wiles had a one-car accident after leaving a friend's house where he had consumed some mixed drinks while watching the NCAA basketball tournament. He was 33. Contrary to normal procedure, neither his blood sample nor hospital records indicated who drew Wiles' blood. Substantial competent evidence is “ ‘ “evidence which possesses both relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved.” ‘ “ State v. Brown, 300 Kan. 542, 546, 331 P.3d 781 (2014) (quoting In re D.D.M., 291 Kan. 883, 893, 249 P.3d 5 [2011] ). As indicated by Livermore school’s Superintendent Kelly Bowers, he said Michael Biondi’s vanishing was a family and police matter and communicated worry that he is discovered safe. Because it reversed the district court on the first issue, the Court of Appeals did not reach the question of whether the evidence was sufficient to sustain AFLAC's burden of proving the exclusion without the toxicology report or whether the district court disregarded undisputed evidence. See Watson v. Jones, 227 Kan. 862, 871, 610 P.2d 619 (1980); see also Glickman, Inc. v. Home Ins. … Because it reversed the matter and remanded for a new trial, the panel declined to address AFLAC's argument that even without the toxicology report, the district court still erred in determining the loss was not in consequence of Wiles' intoxication. Wiles argues that the Court of Appeals erred by concluding that the district court abused its discretion in refusing to admit the toxicology report. Police responded to the crash … The Court of Appeals agreed, relying on State v. Davis, 41 Kan.App.2d 1034, 207 P.3d 281 (2009), to hold that AFLAC presented sufficient evidence that Wiles' blood sample was drawn under appropriate conditions to guard against contamination and was properly marked and sent to the hospital lab for testing despite the inability to identify the individual who actually drew Wiles' blood. The Crash Analysis & Reporting Unit provides motor vehicle crash data through database creation, maintenance and quality assurance, information and reports, and limited database access. Michael Edward Scales, 22, of Reidsville, … “The proponent of a particular kind of evidence, whether it be a physical object or the testimony of a witness, is required to lay a foundation before it may be admitted into evidence.” 3 Barbara, Kansas Law and Practice, Lawyers Guide to Kansas Evidence, § 1.9, p. 28 (5th ed.2013). The shocking photo shows the left side of the bonnet has been completely torn off, revealing the engine underneath. He was OK but she stay to give a statement to the police. [Citation omitted.] He initially testified that his conclusion that alcohol contributed to the accident was based solely on the EMS worker's statement regarding Wiles' admission of drinking earlier in the day. Firefox, or (Maryville) -- A two vehicle accident injures one north of Maryville on Sunday afternoon. Moreover, the trial court determines whether the sources of information, method, and time of preparations reflect the trustworthiness of the evidence. Being a nurse she exited her car to check on the young man in the accident. AFLAC subsequently tried to admit the report as a business record, and Wiles renewed his objection. There was never any allegation or indication that Sandberg inadvertently indicated that alcohol contributed to the accident. DeSantis spokesman Piccolo deletes his Twitter account after tweet about COVID-19 victims, Woman shoots tomahawk-wielding boyfriend to death on Christmas Eve, Volusia deputies say, More than a dozen earthquakes reported in Puerto Rico on Christmas Eve including one measuring 4.8. The panel reasoned that AFLAC submitted “substantial competent evidence demonstrating that Wiles' blood sample was obtained under appropriate conditions to guard against contamination, that the sample was properly marked and conveyed to the hospital lab for testing, and that the testing was properly conducted by competent personnel.” 2012 WL 3171961, at *9. Michael Jordan donates $2 million from ‘The Last Dance’ proceeds to Feeding America ... One person dead following fatal two-vehicle accident at Virginia Beach Oceanfront Toggle header content. Police said they were called to the scene at about 5:45 a.m. and found a crashed 2003 Nissan 350Z that had run off the side of the road. The applicability of an insurance exclusionary clause is a question of fact. She was a member of Oak Ridge Baptist Church. The panel's analysis is flawed for multiple reasons. 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