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STAMPS v. CONSOLIDATED UNDERWRITERS

No. 45,619

205 Kan. 187 (1970)

468 P.2d 84

OMEGA STAMPS, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee and Appellant, and MARTIN A. LANDWEHR, Et. Al., Defendants and Appellees. MARY RADCLIFF, Mother and Next friend of ROSALIE RADCLIFF, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee and Appellant, and MARTIN A. LANDWEHR, Et. Al., Defendants and Appellees. MAUDE BURTON, Mother and Next friend of BUELAH CAROLYN BURTON, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee and Appellant, and MARTIN A. LANDWEHR, Et. Al., Defendants and Appellees. HELEN F. LEE, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee and Appellant, and MARTIN A. LANDWEHR, Et. Al., Defendants and Appellees. PHYLLIS ANN LEE, A minor by and through HELEN F. LEE, her Grandmother, next of kin, and guardian, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee and Appellant, and MARTIN A. LANDWEHR, Et. Al., Defendants and Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

Glenn J. Shanahan, of Bryant, Cundiff, Shriver, and Jordan, of Wichita, argued the cause and was on the brief for the appellant Consolidated Underwriters.

Mearle D. Mason, of Hill and Mason, of Wichita, argued the cause and was on the brief for the appellees Mary Radcliff and Maude Burton.

John W. Brimer, of Higgins, Brimer, Kirk, and Bogart, of Wichita, argued the cause and was on the brief for the appellees Omega Stamps; Helen F. Lee, and Phyllis Ann Lee.

Frank and Kelly, of Wichita, were on the brief for the defendant-appellee Martin A. Landwehr.

Mills and Mills, of McPherson, were on the brief for the defendant-appellee Alliance Mutual Casualty Company.

Fleeson, Gooing, Coulson and Kitch, of Wichita, were on the brief for the defendant-appellee Employers Mutual Casualty Company.

The opinion of the court was delivered by

KAUL, J.:

Plaintiffs-appellees are judgment creditors of Martin A. Landweher, defendant-appellee. Plaintiffs' judgments were recovered in five separate actions which were consolidated for trial. The negligence of defendant Landwehr while driving an automobile with the owner's permission was determined to have been a proximate cause of a serious accident on April 28, 1962, at the intersection of U.S. Highway 54 and...

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