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DANIELS v. KANSAS HIGHWAY PATROL

No. 45,906

206 Kan. 710 (1971)

482 P.2d 46

WILLIAM E. DANIELS and SYLVIA N. DANIELS, Appellants, v. KANSAS HIGHWAY PATROL, et al., Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1971.

Attorney(s) appearing for the Case

Howard Harper, Junction City, of the firm of Harper, Hornbaker, Waters & Abbott, argued the cause and was on the brief for the appellants.

Edward G. Collister, Jr., Assistant Attorney General, argued the cause, and Kent Frizzell, Attorney General, and Richard H. Seaton, Assistant Attorney General, were with him on the brief for the Kansas Highway Patrol, appellee.

L.O. Bengston, of Salina, argued the cause and was on the brief for the City of Salina, appellee.

The opinion of the court was delivered by

PRICE, C.J.:

This was an action by parents to recover for the wrongful death of their son (K.S.A. 60-1901).

The narrow question presented is whether the doctrine of immunity from tort liability — heretofore extended to agencies of the state and to municipalities when engaged in governmental functions — is to be abolished.

The trial court adhered...

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