Supreme Court to conduct special evening session January 22 at Kansas Statehouse

TOPEKA—The Kansas Supreme Court will conduct a special evening session January 22 at the Kansas Statehouse as part of its ongoing outreach to familiarize Kansans with the court, its work, and the overall role of the Kansas judiciary.
 
The court will be in session from 5:30 p.m. to about 6:15 p.m. The court will hear oral arguments in the courtroom used before the court moved across the street to the Kansas Judicial Center in 1978. After oral argument, justices will greet the public in an informal reception.
 
"Watching an appellate argument helps people understand how courts resolve disputes and the steps taken to make sure court proceedings are fair and case resolution is based on a correct application of the law,” Chief Justice Marla Luckert said.
 
Luckert said people generally understand the trial process because they may have been in a local courtroom as a juror or witness, or they may know someone who has been in court. But fewer people have seen an appellate court in action.
 
"People who come to watch and meet us afterward tell us they gained a better understanding of the Kansas judicial system and its constitutional responsibility to fairly and impartially resolve disputes," she said.  “We hope legislators, legislative staff, and the public will take this opportunity to step into the historic Supreme Court courtroom to watch the oral argument and learn more about the appellate process.”
 
Case to heard
 
The case on the January 22 docket is:
 
Appeal No. 126,732: Brenda Zaragoza (appellant) v. Board of Johnson County Commissioners (appellee)
 
Counsel for Appellant: Richard W. Morefield, Jr.
Counsel for Appellee: Andrew D. Holder
 
Johnson County: (Civil Appeal) Zaragoza fell in the parking lot of the Monticello Branch of the Johnson County Library when she stepped off the curb onto a parking surface sloped toward a drain. She broke her knee, ankle, and heel. Zaragoza sued the Johnson County Board of Commissioners alleging her injuries were caused by the County's negligence because they created and maintained a dangerous condition in the library parking lot. The Johnson County District Court entered summary judgment for the County, holding that the library and its parking lot had recreational use immunity under K.S.A. 75-6104(o) and that Zaragoza did not sufficiently plead or prove gross and wanton negligence, as is necessary to defeat immunity. The district court also denied Zaragoza's motion to file an amended petition adding gross and wanton negligence. The Court of Appeals affirmed the district court’s decision.
 
Issues on review are: (1) whether the recreational use immunity provision of the Kansas Tort Claims Act violates the Kansas Constitution; (2) whether the Court of Appeals erred by applying the recreational use immunity exception under K.S.A. 75-6104(o) to a public library parking lot; (3) whether the Court of Appeals erred by affirming the district court’s grant of the County's summary judgment motion; and (4) whether the Court of Appeals erred by affirming the district court’s refusal to allow Zaragoza to amend her petition to plead gross and wanton negligence.
 
History of the Supreme Court travel docket
 
In 2011, the Supreme Court began conducting special sessions outside its Topeka courtroom. That year, it marked the state's 150th anniversary by convening in the historic Supreme Court courtroom in the Kansas Statehouse.
 
Since 2011, the court has conducted special sessions in Colby, Concordia, Dodge City, El Dorado, Emporia, Garden City, Great Bend, Greensburg, Hays, Hiawatha, Hutchinson, Kansas City, Lansing, Lawrence, Louisburg, Manhattan, Overland Park, Parsons, Pittsburg, Salina, Topeka, Wichita, and Winfield.
 
Learn more about the court's visit at www.kscourts.org/travel-docket.
 
Accommodation
 
Any person with a disability who requires accommodation to access the docket should notify the judicial branch ADA coordinator as early as possible:
 
ADA Coordinator
ADA@kscourts.org
785-296-2256
TTY at 711