TOPEKA, Kan. (AP) — The fight over a Colorado fugitive’s medical bills is headed for a trial in Kansas.

The Topeka Capital-Journal reports that the latest development happened Friday. That’s when the Kansas Court of Appeal found that it was wrong to rule without a trial that Kansas’ Shawnee County, not Topeka, is responsible for $40,000 in medical bills for Jesse Dimmick.

Dimmick was fleeing from police in a stolen minivan in 2009 when Kansas officers used stop sticks to deflate the tires. He then forced his way into a nearby home, where a couple befriended him. They escaped when he fell asleep.

Dimmick was shot and wounded during his arrest.

Dimmick has been convicted in Kansas of kidnapping and in Colorado of a deadly stabbing that led up to the chase.