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SANDIFER MOTORS, INC. v. CITY OF ROELAND PARK

No. 51,137

6 Kan. App. 2d 308 (1981)

628 P.2d 239

SANDIFER MOTORS, INC., Plaintiff-Appellee, v. THE CITY OF ROELAND PARK, KANSAS, Defendant-Appellant.

Court of Appeals of Kansas.

Petition for review denied July 15, 1981.

Attorney(s) appearing for the Case

Richard T. Merker, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, for appellant.

J. Roy Holliday, Jr., of Speer, Austin, Holliday, Lane & Ruddick, of Olathe, for appellee.

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

FOTH, C.J.:

Plaintiff sued the City of Roeland Park for flood damage to its business sustained in September, 1975, by reason of a claimed nuisance maintained by the city on its adjoining property. The case was submitted to a jury on a theory of comparative negligence or comparative fault. The jury fixed plaintiff's damages at $30,607.03, allocating the fault 30% to plaintiff, 50% to defendant city, and 20% to unknown third parties. The city appeals from the judgment...

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