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COOK v. DOTY

No. 50,520

4 Kan. App. 2d 499 (1980)

608 P.2d 1028

EDMOND COOK, Appellant, v. WILLIAM H. DOTY, Appellee.

Court of Appeals of Kansas.

Petition for review denied June 20, 1980.

Attorney(s) appearing for the Case

Marvin E. Rainey, of Rainey & Wiglesworth, of Overland Park, for the appellant.

H. Wayne Powers, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, for the appellee.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

FOTH, C.J.:

This is an action for damages arising out of an automobile collision in which the jury fixed plaintiff's causal negligence at 80%, defendant's at 20%. Plaintiff appeals, claiming error in the trial court's refusal to instruct the jury as to the effect of its allocation of fault on the award of damages.

The case was tried from May 22 to May 25, 1978. At that time PIK Civ.2d recommended an instruction, 20.01, which would inform the jury of the legal...

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