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FLOWERS, ADMINISTRATRIX v. MARSHALL, ADMINISTRATOR

No. 46,451

208 Kan. 900 (1972)

494 P.2d 1184

JANET FLOWERS, Administratrix of the Estate of Elva L. Brockman, Deceased, Appellant, v. HERBERT A. MARSHALL, Administrator of the Estate of Frank W. Frombaugh, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

John E. Shamberg, of Schnider, Shamberg and May, of Kansas City, argued the cause and was on the brief for the appellant.

Frank W. Saunders, Jr., of Wallace, Saunders, Austin, Allen, Brown and Enochs, of Overland Park, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an interlocutory appeal in a survival action brought on behalf of the estate of plaintiff's deceased who died from injuries caused by the negligence of defendant's deceased.

In a pretrial order the trial court ruled that future lost earnings could not be recovered as an element of damages, holding that damages for such item could only be recovered up to the time of death.

The trial...

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