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NITCHALS v. WILLIAMS

Nos. 49,817, 49,977, 49,735, 50,496

225 Kan. 285 (1979)

590 P.2d 582

DANIEL A. NITCHALS, Plaintiff-Appellee, v. PRESTON ROBERT WILLIAMS, Defendant-Appellee, and AMERICAN FAMILY MUTUAL INSURANCE CO., Intervenor-Appellant. LELAND G. SPECHT and ALICE E. SPECHT, Plaintiffs-Appellees, v. DAVID V. HUNTLEY, Defendant-Appellee, and FARMERS INSURANCE COMPANY, INC., Intervenor-Appellant. CAROLYN R. DRAKE, Plaintiff-Appellee, v. ROBERT SCHNELLE, Defendant-Appellee, and M.F.A. INSURANCE COMPANY, Intervenor-Appellant. GERALD E. THOMAS, Plaintiff-Appellant, v. ROBERT E. EARNSHAW, Defendant-Appellee, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed February 12, 1979.

Attorney(s) appearing for the Case

John C. Tillotson, of Murray and Tillotson, Chartered, of Leavenworth, argued the cause and was on the brief for the appellant.

Donald Vasos, of Kansas City, argued the cause, and Thomas M. Dawson and Ethan Potter, of Leavenworth, were with him on the brief for the appellee.

Robert L. Howard, of Foulston, Siefkin, Powers, and Eberhardt, of Wichita, was on the amicus curiae brief for State Farm Mutual Automobile Insurance Company.

John A. Bausch, of Ascough, Bausch, and Eschmann, of Topeka, argued the cause and was on the brief for the appellant.

James C. Wright, of Shaw, Hergenreter, Quarnstrom, and Wright, of Topeka, argued the cause and was on the brief for the appellee.

Harold E. Doherty, of Topeka, was on the brief for the appellant.

Eugene C. Riling, of Riling, Burkhead, and Rhudy, Chartered, of Lawrence, was on the brief for the appellee.

Robert E. Keeshan, of Scott, Quinlan, and Hecht, of Topeka, was on the amicus curiae brief for the Kansas Trial Lawyers Association.

The opinion of the court was

PRAGER, J.:

This opinion has been written to determine four separate cases on appeal in this court, each involving the same basic issue. The cases were argued to the court and submitted during the week of January 15, 1979. In each of the cases, the appeal was from a judgment of the district court construing certain provisions of the Kansas automobile injury reparations act, commonly referred to as the no-fault insurance law. (K...

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