ROITZ v. BROOKS

No. 51,048

5 Kan. App. 2d 534 (1980)

619 P.2d 1169

EDWARD J. ROITZ, Appellee, v. RANDY T. BROOKS, Appellant.

Court of Appeals of Kansas.

Opinion filed November 21, 1980.


Attorney(s) appearing for the Case

Nelson E. Toburen of Wilbert, Lassman, Toburen & Wachter, of Pittsburg, for the appellant.

K.I. Loy, of Pittsburg, and Harold H. Crook, now deceased, for the appellee.

Before FOTH, C.J., REES, J., and HARMAN, C.J. Retired, sitting by designation.


HARMAN, C.J. Retired:

In this case arising from a midnight automobile collision at a controlled intersection in Pittsburg — unique, perhaps, in that three different versions were presented at trial as to which direction the two vehicles were proceeding — the first issue to be considered is whether a trial court can enter judgment notwithstanding the verdict where the record does not reveal that a motion for directed verdict was made at the close of the...

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