Page:Copeland By and Through Copeland v. Toyota Motor Sales U.S.A., Inc.pdf/5

 and stated that "the apportionment sought by SRS . . . would give it virtually the entire settlement." The court noted that Copeland’s proposed apportionment, on the other hand, “would provide almost all of the settlement to her" and only a small fraction to SRS.

The court further stated in the order that "[t]he parties agree generally that SRS' recovery may be reduced by the amount of Copeland’s injuries which were the product of comparative fault." The court expressly declined, however, to make a finding as to Copeland’s fault, stating that

"a determination of fault on the part of Copeland is inappropriate under the current circumstances. First, the argument is directly inconsistent with Copeland’s previous position throughout this case, in which she ascribes 100% of the fault to Toyota. More importantly, there is no rational basis for the court, reviewing the depositions submitted by the parties, to ascribe a particular . . . degree of fault to Copeland."

In its order, the court also rejected Copeland's remaining arguments for reducing or eliminating SRS' subrogation share of the settlement proceeds, concluding that the subrogation statute provided SRS with a right to full reimbursement for all medical benefits extended. Finally, the court rejected Copeland’s argument that SRS should be assessed a 40% rather than a 33.33% attorney fee under Kan. Stat. Ann. § 39-719a(b).

Copeland filed a Notice of Appeal on May 9, 1996. On May 10, 1996, the district court filed its "Judgment in a Civil Case." This judgment provided: "It is