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GARRISON v. MARLATT

No. 48,734

224 Kan. 390 (1978)

580 P.2d 885

ROBERT M. GARRISON and MABEL V. GARRISON, Appellees, v. MORTON MARLATT, Appellant.

Supreme Court of Kansas.

Opinion filed July 15, 1978.

Attorney(s) appearing for the Case

Richard P. Senecal and Robert J. Bednar, of Duncan, Senecal, Bednar and Mears, Chartered, of Atchison, argued the cause and were on the brief for the appellant.

Charles L. Davis, Jr., of Gray, Freidburg, Davis & Unrein, of Topeka, argued the cause, and J. Franklin Hummer, of the same firm, and Robert D. Caplinger, of Stillings & Caplinger, Chartered, of Atchison, were with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

This is an action to recover damages for personal injuries resulting from an automobile collision wherein defendant Morton Marlatt ran his car into the rear of the car driven by plaintiff Robert M. Garrison, with plaintiff Mabel V. Garrison as a passenger. After trial, a jury of six returned a verdict of $35,000 for Robert and $15,000 for Mabel, each amount being the maximum the jury could award.

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