SCHMIDT v. MARTIN

No. 46,844

212 Kan. 373 (1973)

510 P.2d 1244

CLIFFORD SCHMIDT and SHIRLEY SCHMIDT, Husband and Wife, Parents and Sole Heirs at Law of GREGORY SCOTT SCHMIDT, deceased, Plaintiffs-Appellants, v. CHARLES K. MARTIN, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1973.


Attorney(s) appearing for the Case

Michael E. Chalfant, of Branine, Chalfant and Hyter, of Hutchinson, argued the cause, and H.R. Branine, W.Y. Chalfant, and Charles K. Hyter, of the same firm, were with him on the brief for the appellants.

Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, argued the cause, and Lee Turner, and Tom Kelley, of the same firm, were with him on the brief for the appellee.


The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by Clifford Schmidt and Shirley Schmidt, appellants and plaintiffs below, against Charles K. Martin, appellee-defendant, to recover damages for the wrongful death of their son, Gregory Scott Schmidt. The case was tried to a jury in the district court resulting in a verdict in favor of the defendant. The facts are not greatly in dispute and are substantially as follows: Mr. and...

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