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BRINKLEY v. FARMERS ELEVATOR MUTUAL INSURANCE CO.

No. 73-1257.

485 F.2d 1283 (1973)

William L. BRINKLEY, Plaintiff-Appellant, v. FARMERS ELEVATOR MUTUAL INSURANCE COMPANY, a corporation, Defendant-Appellee. Helen L. BRINKLEY, Plaintiff-Appellant, v. FARMERS ELEVATOR MUTUAL INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 16, 1973.

Attorney(s) appearing for the Case

Frank C. McMaster, Wichita, Kan. (Stanford J. Smith and D. Lee McMaster, Wichita, Kan., on the brief), for plaintiffs-appellants.

Richard T. Foster, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, Kan. (William A. Hensley, Wichita, Kan., Turner, Chartered, Great Bend, Kan., on the brief), for defendant-appellee.

Before PHILLIPS, SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue here to be resolved is whether under the doctrine of respondeat superior a client is liable for the tortious conduct of his attorney which causes injury to a third party. The trial court held that there was no such liability, and this appeal follows.

William and Helen Brinkley, the plaintiffs in the present proceeding, sustained severe injuries when the vehicle in which they were riding collided with a vehicle owned and...

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