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HOWELL v. CALVERT

No. 81,488.

268 Kan. 698 (2000)

1 P.3d 310

ANGIE HOWELL, Appellant, v. DENNIS R. CALVERT, Defendant, and KANSAS NEWMAN COLLEGE, INC. Appellee, and KIMBERLY J. ROTHLISBERGER, deceased, by and through Diana Rothlisberger, Administrator of the Estate of Kimberly Rothlisberger; and DIANA ROTHLISBERGER, Individually, Appellant, v. KANSAS NEWMAN COLLEGE, INC., Appellee.

Supreme Court of Kansas.

Opinion filed March 10, 2000.

Attorney(s) appearing for the Case

James M. Crowl, of Dickson & Pope, P.A., of Topeka, argued the cause, and Judy A. Pope, of the same firm, was with him on the brief for appellant Howell.

Robert L. Pottroff, of Myers, Pottroff & Ball, of Manhattan, argued the cause and was on the brief for appellant Rothlisberger.

J. Philip Davidson, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, argued the cause, and Arlen L. Tanner, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a personal injury and wrongful death case. The only defendant at trial was Kansas Newman College, Inc. (Newman). Two student athletes from Newman were struck from behind by a truck during a mandatory early morning conditioning run. One athlete, Kimberly J. Rothlisberger, was killed and the other, Angie Howell, was injured. Plaintiffs were Howell and Diana...

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