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FLAX v. KANSAS TURNPIKE AUTHORITY

No. 49,140

226 Kan. 1 (1979)

596 P.2d 446

JEANETTE FLAX, Appellant, v. THE KANSAS TURNPIKE AUTHORITY, Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1979.

Attorney(s) appearing for the Case

Jerry R. Palmer, of Stumbo, Stumbo, Palmer, McCallister & Buening, of Topeka, argued the cause and was on the brief for appellant.

Donald R. Hoffman, chief assistant attorney general, and Bob W. Storey, KTA general counsel, argued the cause, and Curt T. Schneider, attorney general, and Richard R. Rock, of Arkansas City, were on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

Once again the attack upon governmental immunity comes before this court. This time the application of K.S.A. 46-901 to highway defects upon the Kansas turnpike is in question.

Plaintiff filed an action in the district court against the Kansas turnpike authority (KTA) for the wrongful death of her husband and three children as a result of a one car collision on the Kansas turnpike. Plaintiff was...

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