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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. HALL

No. 48,119

221 Kan. 337 (1977)

559 P.2d 357

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, MALCOLM M. NICHOLSON, and GOLDIE M. NICHOLSON, Appellants, v. HARLAND CECIL HALL, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1977.

Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and Wilbur D. Geeding, of Wichita, was with him on the brief for State Farm Mutual Automobile Insurance Company, appellant.

K. Mike Kimball, of Hathaway & Kimball, of Ulysses, was on the brief for Malcolm and Goldie Nicholson, appellants.

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

The opinion of the court was delivered by

KAUL, J.:

This is a subrogation action brought by an automobile insurance carrier for its own benefit and that of its insureds seeking to recover property damage and personal injury damages arising out of an automobile acident which occurred July 11, 1972. The trial court ruled that the action was barred by a discharge, previously obtained, in a voluntary bankruptcy proceeding...

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