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ZELL v. LUTHY

No. 47,586

216 Kan. 697 (1975)

533 P.2d 1298

WILLIAM E. ZELL, Appellant, v. MARY M. LUTHY, Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1975.

Attorney(s) appearing for the Case

George A. Lowe, of Olathe, was on the brief for the appellant.

Barton Brown, of Overland Park, was on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is a rear end collision case in which the jury rendered a verdict for the defendant (Mary M. Luthy) and plaintiff (William E. Zell) has appealed. The ultimate question presented is whether the giving of an instruction on the doctrine of sudden emergency amounted to prejudicial error requiring a reversal. Plaintiff also contends the verdict was contrary to the evidence.

At approximately 4:45 p...

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