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GANGEL v. BENSON

No. 47,334

215 Kan. 118 (1974)

523 P.2d 330

LORRAINE O. GANGEL, and FRANCIS E. GANGEL, and FRANCINE R. GANGEL, a minor, by her mother and next friend, Lorraine O. Gangel, and MICHAEL V. HALL, a minor, by his mother and next friend, Lorraine O. Gangel, and VICKI A. HALL, a minor, by her mother and next friend, Lorraine O. Gangel, Appellees, v. JAMES A. BENSON and WILLIAM R. HUSEBY and RICHARD M. HUSEBY, Defendants; and JAMES A. BENSON, Appellee, v. ALLSTATE INSURANCE COMPANY, Appellant; and JAMES A. BENSON, Third Party Plaintiff, v. FARMERS INSURANCE COMPANY, INCORPORATED, Third Party Defendant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Barton Brown, of Overland Park, argued the cause and was on the brief for the appellant.

Richard L. Roberts, of Olathe, argued the cause, and George A. Lowe, of Olathe, and Joseph Anderson, of Mission, were with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

The roots of this lawsuit extend far back to Sunday, April 21, 1968, when about 11 p.m. a collision occurred on Metcalf Avenue in Overland Park, near 78th Street. On the fateful day James A. Benson, a minor, was driving a 1961 Dodge convertible toward the north, while a 1964 Oldsmobile driven by Francis E. Gangel, in which his wife and three children were passengers, was proceeding south on Metcalf. The...

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