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LUTZ v. PEINE

No. 46,351

209 Kan. 559 (1972)

498 P.2d 60

JUNE LUTZ, Appellant, v. VELMA L. PEINE, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1972.

Attorney(s) appearing for the Case

Jerry W. Hannah, of Topeka, argued the cause, and William S. Bowers, of Ottawa, was with him on the brief for the appellant.

R. Michael Latimer, of Ottawa, argued the cause, and Richard O. Skoog, also of Ottawa, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a personal injury action. Judgment was entered in favor of defendant on a special verdict of the jury. Plaintiff appeals.

Plaintiff Lutz was lying down across the seat of a parked 1950 Chevrolet pickup truck, asleep, when defendant Peine drove into the rear of the pickup in which the plaintiff was sleeping.

Thurman Carter and the plaintiff owned sheep which were

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