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MOTT, EXECUTOR v. MITCHELL

No. 46,465

209 Kan. 476 (1972)

496 P.2d 1297

HELEN MOTT, Executor of the Estate of Frank Mott, Deceased, Appellant, v. DORRIS MITCHELL, THE STATE DEPARTMENT OF SOCIAL WELFARE, STATE OF KANSAS, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BARBER, THE COUNTY SOCIAL WELFARE BOARD OF BARBER COUNTY, KANSAS, Appellees, and HELEN MOTT, FRED L. MOTT, DEANNA MOTT WETZEL, DARLENE MOTT EMMELE, STEPHEN MOTT, A Minor, by Helen Mott, his Mother and Next Friend, and ROGER MOTT, A Minor, by Helen Mott, his Mother and Next Friend, Appellants, v. DORRIS MITCHELL, STATE DEPARTMENT OF SOCIAL WELFARE, STATE OF KANSAS, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BARBER, THE COUNTY SOCIAL WELFARE BOARD OF BARBER COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed May 6, 1972.

Attorney(s) appearing for the Case

W. Luke Chapin, of Chapin and Penny, of Medicine Lodge, argued the cause and was on the brief for the appellants.

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause for Barber County, and H.F. Fanning, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, argued the cause for the State Department of Social Welfare, and Thomas L. McGuire, of Medicine Lodge, and Mikel L. Stout, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, were with them on the briefs for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This appeal involves two consolidated actions seeking to recover damages for loss of earnings and wrongful death arising out of an automobile collision which occurred on August 8, 1968. On that day in the afternoon Frank Mott was killed when the tractor he was driving was struck in the rear by a car driven by Dorris Mitchell, the Barber County social welfare director. One of these actions is brought by...

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