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ARNOLD ASSOCIATES, INC. v. CITY OF WICHITA

No. 80-50422-A

5 Kan. App. 2d 301 (1980)

615 P.2d 814

JOHN T. ARNOLD ASSOCIATES, INC., for and on Behalf of SUTTON PLACE, LTD., A Limited Partnership, and V.N. HARRIS and JOHN T. ARNOLD, d/b/a VIC'S PLACE, A Partnership, and DR. RUSSELL DUCKWORTH, D.D.S., Appellants, v. THE CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellee.

Court of Appeals of Kansas.

Petition for review denied January 23, 1981.

Attorney(s) appearing for the Case

Thomas D. Kitch, of Fleeson, Gooing, Coulson & Kitch, of Wichita, for the appellants Sutton Place, Ltd., and Vic's Place.

Christopher Standlee and Eugene G. Coombs, of Coombs, Chartered, of Wichita, for the appellant Russell Duckworth, D.D.S.

Lee H. Woodard and James Z. Hernandez, of Woodard, Blaylock, Hernandez, Pilgreen & Roth, of Wichita, and McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, for the appellee.

Before FOTH, C.J., SPENCER and SWINEHART, JJ.

SWINEHART, J.:

This is an appeal from a jury verdict in favor of the defendant City of Wichita, returned in an action for damages sustained as a result of a broken water main. The plaintiffs contend the trial court erred (1) by refusing to instruct the jury on the doctrine of res ipsa loquitur, (2) by refusing to instruct the jury on the theory of strict liability, and (3) by refusing to grant the plaintiffs a new trial on the basis of juror misconduct.

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