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LOHMAN v. WOODRUFF

No. 48,608

224 Kan. 51 (1978)

578 P.2d 251

GARY LOHMAN, Appellant, v. BILLY G. WOODRUFF, Appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Robert J. Bednar, of Duncan, Senecal, Bednar and Mears, Chartered, of Atchison, argued the cause, and Robert F. Duncan, of the same firm, was with him on the brief for the appellant.

J.H. Eschmann, of Ascough, Bausch, Eschmann, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from an order granting summary judgment in favor of defendant Billy G. Woodruff.

The action arose from a traffic accident occurring on August 26, 1974. It is alleged that defendant parked his tractor-trailer rig on the shoulder of U.S. Highway 73, approximately six miles south of Atchison, Kansas, and plaintiff Gary Lohman ran his truck into the back of the vehicle. Subsequently...

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