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WILSON v. PROBST

No. 49,348

224 Kan. 459 (1978)

581 P.2d 380

FRED WILSON, Plaintiff-Appellee, v. STEVEN A. PROBST; ACID ENGINEERS, INC.; and HOME INSURANCE COMPANY, Defendants-Appellants; MARGARET A. JOHNSON, Administratrix of the Estate of Gilbert Lee Thomson, Jr., Deceased, Defendant; and O.D. TURNER, Secretary of Transportation of the State of Kansas, Additional Party Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed July 15, 1978.

Attorney(s) appearing for the Case

Robin L. Wick, of Turner & Boisseau, Chartered, of Wichita, argued the cause and was on the briefs for the defendants-appellants.

Mark W. Krusor, of Christenson, Mathews & Taylor, of Winfield, argued the cause and was on the brief for the plaintiff-appellee.

Donald S. Simons, chief attorney, and Sara N. Langland, staff attorney, both of the Kansas Department of Transportation, were on the brief for the additional party defendant-appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an interlocutory appeal from an order dismissing O.D. Turner, Secretary of Transportation, from the action on the grounds that the claim of highway defect was not based on negligence and, accordingly, could not be compared with the negligence of others under K.S.A. 60-258a.

The plaintiff was a passenger in a vehicle driven by Gilbert L. Thomson...

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