MILES v. WEST

No. 49,436

224 Kan. 284 (1978)

580 P.2d 876

PEGGY MILES and DAWN MILES, Appellants and Cross-Appellees, v. CHARLES W. WEST, Appellee and Cross-Appellant, v. LARRY MILES, Third-Party Defendant and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1978.


Attorney(s) appearing for the Case

Russell E. Grant, of Mulvane, argued the cause and Mikel Stout, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, was with him on the briefs for the appellants and cross-appellees, Peggy Miles and Dawn Miles.

Orlin Wagner, of Wichita, and Robin L. Wick, of Turner and Boisseau, Chartered, of Wichita, argued the cause and were on the brief for the appellee and cross-appellant, Charles W. West.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause for the third-party defendant and cross-appellee, Larry Miles.

Gerald W. Scott, of Wichita, was on the brief of amicus curiae for the Kansas Trial Lawyers Association.


The opinion of the court was delivered by

OWSLEY, J.:

This is a comparative negligence action for damages which resulted from a collision between a car owned by Larry and Peggy Miles, and one owned by Charles West.

On January 5, 1975, plaintiff Peggy Miles and her husband, Larry Miles, decided to go shopping. They loaded their two children, Dawn and Michael, into their 1971 Gremlin and left home. Their car...

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