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MARTIN v. STATE HIGHWAY COMMISSION

No. 47,226

213 Kan. 877 (1974)

518 P.2d 437

DARRELL A. MARTIN, Conservator for KERRY N. MARTIN, a Minor, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1974.

Attorney(s) appearing for the Case

Charles S. Schnider, of Schnider, Shamberg and May, of Kansas City, argued the cause, and Paul W. Clark, staff attorney of the state highway commission, was with him on the brief for the appellant.

Charles S. Fisher, Jr., of Fisher and Benfer, Chartered, of Topeka, argued the cause, and Jerry R. Palmer and Robert D. Ochs, of the same firm, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is an appeal by the state highway commission from a judgment against it for personal injuries attributed to an alleged highway defect.

In the early morning hours of January 5, 1969, nineteen-year-old Kerry N. Martin was a passenger in a car owned and driven by his friend, Luke Franzen. The boys had been on a double date, spending the evening at Luke's sister's house in Topeka listening to music...

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