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JOHNSON v. HAUPT

No. 50,959

5 Kan. App. 2d 682 (1981)

623 P.2d 537

CHARLENE J. JOHNSON and CHARLES JOHNSON, JR., Heirs at Law of Charles Johnson III, Deceased, Plaintiffs-Appellees, v. BEVERLY C. HAUPT, Defendant-Appellee, and CITY OF LEAVENWORTH, KANSAS, a Municipal Corporation, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed February 13, 1981.

Attorney(s) appearing for the Case

Robert D. Beall, of Leavenworth, for the appellant.

Bill E. Fabian, of McAnany. Van Cleave & Phillips, P.A., of Kansas City, for the appellees Johnson.

William P. Coates, Jr., of Rushfelt, Mueller, Druten and Moran, of Overland Park, for the appellee Haupt.

Before PARKS, P.J., ABBOTT and REES, JJ.

PARKS, J.:

This wrongful death action arose out of a fatal collision between a car driven by Beverly Haupt and the motorcycle of the decedent, Charles Johnson III. The parents of the decedent sued both Haupt and the city of Leavenworth. The jury found that plaintiffs sustained total damages of $30,000 but attributed 30% of the fault to decedent, 5% to Haupt, 39% to Leavenworth and 26% to unnamed persons parked along...

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