JOHNSON v. McARTHUR

No. 50,374

226 Kan. 128 (1979)

596 P.2d 148

MARY JOHNSON, Natural Mother, and MARVIN GILKESON, Natural Father, of Rex A. Gilkeson, Deceased, Appellees, v. WEST K. McARTHUR and LONG-McARTHUR FORD, INC., A Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1979.


Attorney(s) appearing for the Case

J.H. Eschmann, of Ascough, Bausch, Eschmann, of Topeka, argued the cause, and John A. Bausch, of the same firm, was with him on the brief for the appellants.

Kenneth M. Carpenter, of Carpenter, Myers, Newsom & Carpenter, Chartered, of Topeka, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

McFARLAND, J.:

In a wrongful death action, this is an interlocutory appeal, pursuant to K.S.A. 60-2102 (b), from a denial of a motion by defendants to dismiss.

The facts relevant to the issue before us are not in dispute and are as follows. Rex A. Gilkeson and Linda Beth Gilkeson were husband and wife. On December 24, 1976, the Gilkeson automobile was involved in a collision with an automobile driven...

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