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FUGIT, ADMINISTRATRIX v. UNITED BEECHCRAFT, INC.

No. 48,257

222 Kan. 312 (1977)

564 P.2d 521

LAVON K. FUGIT, Administratrix of the Estate of Louis J. Fugit, Surviving Spouse and Heir at Law, Individually and as Next Friend of ELOISE DALORES KING, ROBERT LOUIS FUGIT, DONALD BRUCE FUGIT and THERESA CHERYL SCHMERSE, Heirs at Law, Appellants, v. UNITED BEECHCRAFT, INC. and JACK CREAMER, Appellees.

Supreme Court of Kansas.

Opinion filed May 14, 1977.

Attorney(s) appearing for the Case

Ray H. Painter, of Tulsa, Oklahoma, argued the cause, and Davis S. Carson, of Sowers, Carson and Johnston, P.A., of Wichita, was with him on the brief for the appellants.

Larry A. Withers, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, argued the cause, and Richard C. Hite, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action filed by the administratrix and heirs of Louis J. Fugit seeking to recover damages for conscious pain and suffering and for wrongful death allegedly caused by the negligence of the defendants-appellees, United Beechcraft, Inc., and Jack Creamer. The trial court sustained the defendants' motion for summary judgment on the grounds that United Beechcraft was a statutory employer of Fugit...

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