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OTTA v. JOHNSON

No. 45,753

204 Kan. 366 (1969)

461 P.2d 758

JO ANN JANICE OTTA, Widow; and LARRY DEAN, GARY LYNN, DEBRA JO ANN and DANNY RAY OTTA, Minor Dependents of Lional Dean Otta, Deceased, Appellants, v. LESLIE JOHNSON, d/b/a JOHNSON TRUCK LINES, Appellee, and STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1969.

Attorney(s) appearing for the Case

Kenneth Clark, of Hill City, argued the cause, and Hans R. Hansen, of Hill City, was with him on the brief for the appellants.

Gary Cooper, of Colby, argued the cause, and Keith Willoughby, of Colby, was with him on the brief for the appellee Leslie Johnson.

H. Lee Turner, of Great Bend, argued the cause, and J. Eugene Balloun, Max E. Eberhart, and Thomas C. Kelley, all of Great Bend, were with him on the brief for the appellee insurance carrier.

The opinion of the court was delivered by

HARMAN, C.:

This is a workmen's compensation case arising out of the death of Lionel D. Otta. Claimants, his widow and minor children, have appealed to this court from the trial court's order denying compensation.

During a rainstorm on June 9, 1965, Otta and one Walter R. Buehler were killed on the Kansas Turnpike near Wichita when the truck they were driving in a southwesterly direction struck a bridge abutment...

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