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HERRELL v. MADDUX

No. 47,681

217 Kan. 192 (1975)

535 P.2d 935

RALPH THOMAS HERRELL, by Ralph Herrell, his Father, Natural Guardian and Next Friend, Appellant, v. MITZI CAROL MADDUX, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

J. Stephen Nyswonger, of Braun & Nyswonger, of Garden City, argued the cause, and Lelyn J. Braun, of the same firm, was with him on the brief for the appellant.

Edwin P. Carpenter, of Topeka, argued the cause, and Lee Turner and Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The accident which sired this lawsuit occurred at the intersection of Fulton and Third Streets in Garden City, Kansas, about 11 p.m., August 8, 1972. The plaintiff, Ralph Thomas Herrell, 18 years of age, was riding his Yamaha motorcycle west on Fulton. The 17-year old defendant, Mitzi Carol Maddux, was driving a Chevrolet automobile east on Fulton. As the defendant was making a left turn at the intersection...

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