HINES v. LEACH

Nos. 46,865 and 46,880 Consolidated

212 Kan. 589 (1973)

512 P.2d 103

RENA HINES and CLARK W. HINES, Appellants, v. DEE E. LEACH, WILLIAM BOWERS, MILTON FERRIS, JERRY R. FERRIS, HERBERT HOGUE, CURTIS SIMS and JOE FERNS, Appellees.

Supreme Court of Kansas.

Opinion filed July 14, 1973.


Attorney(s) appearing for the Case

Raymond Dahlberg, of Great Bend, argued the cause, and Lee Turner and Tom Kelley, of Turner, Chartered, of Great Bend, were on the brief for the appellant.

Fred N. Six, of Barber, Emerson, Six, Springer, & Zinn, of Lawrence, argued the cause, and Kenton C. Granger, of Granger and Nagels, of Overland Park, was with him on the brief for Dee E. Leach, appellee.

John A. Bausch, of Ascough, Bausch, Eschmann, of Topeka, argued the cause and was on the brief for William Bowers, appellee.

Arthur Palmer, of Topeka, argued the cause, and Thomas E. Gleason, of Ottawa, and Ernest J. Rice, of Goodell, Casey, Briman, Rice & Cogswell, of Topeka, were on the brief for Milton Ferris and Jerry R. Ferris, appellees.

Edward G. Collister, Jr., special assistant attorney general, argued the cause and Vern Miller, attorney general, was with him on the brief for Curtis Sims, appellee.

Myron S. Steere, Ottawa, argued the cause and was on the brief for Joe Ferns, appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is a damage action wherein Rena Hines and Clark W. Hines (plaintiffs-appellants) sustained injuries in a head-on automobile collision with another vehicle. The accident occurred at approximately 1:30 p.m. on March 8, 1970, on U.S. Highway 59 approximately six-tenths of a mile north of the city limits of Ottawa, Kansas.

The defendants filed various motions, including motions for summary judgment...

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