GRAGG v. WICHITA STATE UNIV.

No. 76,618.

261 Kan. 1037 (1997)

934 P.2d 121

BARBARA GRAGG, et al., Appellants, v. WICHITA STATE UNIVERSITY, et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 14, 1997.


Attorney(s) appearing for the Case

Charles T. Engel, of Cosgrove, Webb & Oman, of Topeka, argued the cause, and John T. Houston, of the same firm, was with him on the briefs for appellants.

Jeff C. Spahn, Jr., argued the cause, and Michael G. Jones, of Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., of Wichita, were on the brief for appellees Wichita State University and Wichita State University Intercollegiate Athletic Association, Inc.

John C. Nettels, Jr., of Morrison & Hecker, L.L.P., of Wichita, argued the cause for the remaining appellees, and Dwight D. Dumler, of the same firm, was with him on the brief for appellee Cessna Aircraft Company.

M. Duane Coyle, of Wallace, Saunders, Austin, Brown, & Enochs, Chartered, of Wichita, was on the briefs for appellee Blockbuster Entertainment Corp.

William Tinker, Jr., Sharon A. Werner, and Alisa M. Arst, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, were on the brief for appellee TB of America, Inc., Taco Bell Corp., and New West Radio, Inc., formerly d/b/a KNSS Radio and/or KRZZ Radio.

J. Michael Kennalley, of Hershberger, Patterson, Jones & Roth, L.C., of Wichita, was on the brief for appellee Major Video of Kansas, Inc.

William P. Tretbar, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, was on the brief for appellee Chronicle Publishing Company d/b/a KAKE-TV.

Bryan W. Smith, of Fisher, Cavanaugh & Smith, P.A., of Topeka, was on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

LARSON, J.:

This is a wrongful death and survival action brought by the heirs of Barbara Gragg, who was shot and killed by Anthony Scott at the Celebrate `93 fireworks display held on the campus of Wichita State University (WSU). The defendants are WSU, its athletic corporation, and the corporate sponsors of the event. The Gragg children claimed the defendants failed to provide adequate security for the event, failed...

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