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JOHNSTON, ADMINISTRATRIX v. ECORD

No. 44,395

196 Kan. 521 (1966)

412 P.2d 990

HELEN V. JOHNSTON, Administratrix of the Estate of Harold L. Johnston, Deceased, Appellee, v. ELWOOD M. ECORD, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1966.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger, Benjamin C. Langel, and Phillip S. Frick, all of Wichita, were with him on the brief for the appellant.

Gerald L. Michaud, of Wichita, argued the cause, and Russell Cranmer, Orval L. Fisher, and M. William Syrios, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a negligence action in two counts brought by an administratrix. The first cause of action is for personal injury to plaintiff's decedent prior to death and for automobile damage, and the second is for wrongful death, both allegedly caused by negligence of defendant in a rear-end auto collision. The jury assessed damages for plaintiff on both causes after a directed verdict on the liability phase...

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