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NOCKTONICK v. NOCKTONICK

No. 50,495

227 Kan. 758 (1980)

611 P.2d 135

ROSANNA NOCKTONICK, a minor, by her guardian Wayne Matson, Plaintiff-Appellant, v. REGINA NOCKTONICK, and FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1980.

Attorney(s) appearing for the Case

Wilburn Dillon, Jr., of Topeka, argued the cause and was on the brief for the appellant.

George F. Farrell, Jr., of Benfer and Farrell, of Topeka, argued the cause and was on the brief for the appellee.

Edward M. Boyle, of Olathe, was on the brief amicus curiae for the Kansas Trial Lawyers Association.

Donald Patterson and J. Steven Pigg, of Fisher, Patterson, Sayler, and Smith, of Topeka, were on the brief amicus curiae for the Kansas Association of Defense Counsel.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by an unemancipated minor child against her mother to recover damages for personal injuries suffered by the child as the result of an automobile collision. The plaintiff-appellant, Rosanna Nocktonick, was a minor three years of age on October 15, 1976, the date of the collision. She was a passenger in an automobile operated by her natural mother, the defendant-appellee, Regina...

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