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LINDSAY, ADMINISTRATOR v. HANKAMER ASPHALT CO., INC.

No. 47,193

213 Kan. 855 (1974)

518 P.2d 934

STANLEY M. LINDSAY, Administrator of the Estate of John A. Lindsay, deceased, Appellant v. HANKAMER ASPHALT COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed January 26, 1974.

Attorney(s) appearing for the Case

Robert B. Wareheim, of McCullough, Wareheim and LaBunker, of Topeka, argued the cause and was on the brief for appellant.

J.D. Lysaught, of Weeks, Thomas, Lysaught, Bingham & Johnston, Chartered, of Kansas City, argued the cause, and Leonard O. Thomas of the same firm, was with him on the brief for appellee.

MEMORANDUM OPINION

WORKMEN'S COMPENSATION — Factory Act — Workmen's Compensation Act Exclusive Remedy.

Per Curiam:

The appellee, as administrator, brought this action to recover damages for the injuries and wrongful death of John S. Lindsay. The remedial statute relevant to this appeal, K.S.A. 44-105, authorizes "recovery of all proper damages" by the injured person himself, or, in the event of death, by his personal representative...

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