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WILLIAMS v. COMMUNITY DRIVE-IN THEATER, INC.

No. 47,168

214 Kan. 359 (1974)

520 P.2d 1296

JERRY WILLIAMS, Appellant, v. COMMUNITY DRIVE-IN THEATER, INC., Appellee, and DONNA KINDER McKENNA, (Defendant).

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

John A. Bausch, of Ascough, Bausch, and Eschmann, of Topeka, argued the cause and was on the brief for the appellant.

Robert D. Ochs, of Fisher and Benfer, Chartered, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action against a corporate drive-in theater and one of its employees for damages for personal injuries sustained by a theater patron as a result of the employee's discharge of a shotgun. Summary judgment was rendered for the theater company and the patron has appealed.

Plaintiff Jerry Williams in his petition alleged that on April 7, 1970, he was a patron on the theater premises in Topeka...

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