KANSAS STATE BANK & TR. CO v. SPECIALIZED TRANSP. SERV.

No. 65,083

249 Kan. 348 (1991)

819 P.2d 587

KANSAS STATE BANK AND TRUST COMPANY, Appellee, v. SPECIALIZED TRANSPORTATION SERVICES, INC., and UNIFIED SCHOOL DISTRICT No. 259, Appellants, and H. ARDON DAVIDSON, Defendant.

Supreme Court of Kansas.

Opinion filed October 25, 1991.


Attorney(s) appearing for the Case

John E. Cowles, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause and was on the briefs for appellants.

Steven R. Smith, of Render, Kamas & Hammond, of Wichita, argued the cause, and Albert L. Kamas, of the same firm, was on the brief for appellee.

Michelle V. Hostetler, of Wichita, was on the brief for amicus curiae Kansas Child Abuse Prevention Council.

Donald W. Vasos, of Vasos, Kugler & Dickerson, of Kansas City, was on the brief for amicus curiae Kansas Trial Lawyers Association.

Bruce Keplinger, of Payne & Jones, Chartered, of Overland Park, was on the brief for amicus curiae Kansas Association of Defense Counsel.

Cynthia Lutz Kelly and Kerry M. Gasper, of Topeka, were on the brief for amicus curiae Kansas Association of School Boards.


The opinion of the court was delivered by

SIX, J.:

This is a tort action arising out of the alleged sexual molestation of H.R. by her school bus driver, H. Ardon Davidson. H.R. is a six-year-old girl afflicted with Down's syndrome.

The case presents issues involving: (1) the sufficiency of the evidence to prove that the school district and Davidson's employer knew or should have known that an undue risk of harm would exist because of Davidson's employment...

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