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CARRICK v. McFADDEN

No. 47,484

216 Kan. 683 (1975)

533 P.2d 1249

LOREN CARRICK, Appellee and Cross-appellant, v. B.J. McFADDEN, Appellant and Cross-appellee, and RONALD McFADDEN, Cross-appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1975.

Attorney(s) appearing for the Case

Edwin P. Carpenter, of Topeka, argued the cause, and Tom Kelley and Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, and Lossen G. Pike, of Ashland, were with him on the brief for the appellants.

Harold K. Greenleaf, Jr., of Smith & Greenleaf, of Liberal, argued the cause, and Virgil Severe, of Ashland, was with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FONTRON, J.:

This is an action to recover damages for personal injuries resulting from an assault and battery upon the plaintiff, Loren Carrick. The defendants originally were B.J. McFadden and Ronald McFadden, father and son. The jury returned a verdict in plaintiff's favor for actual and punitive damages against B.J. McFadden only, the court having previously dismissed the case as to Ronald McFadden. Judgment was...

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