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NEGLEY v. MASSEY FERGUSON, INC.

No. 51,730

229 Kan. 465 (1981)

625 P.2d 472

RITA NEGLEY, Appellee and Cross-Appellant, v. MASSEY FERGUSON, INC., Defendant, and THE KANSAS POWER AND LIGHT COMPANY, Appellant and Cross-Appellee, and ORRLAND, INC., Defendant-Appellee. DARLENE NICHOLS, Appellee and Cross-Appellant, v. MASSEY FERGUSON, INC., Defendant, and THE KANSAS POWER AND LIGHT COMPANY, Appellant and Cross-Appellee, and ORRLAND, INC., Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed March 25, 1981.

Attorney(s) appearing for the Case

Frederick K. Starrett, of Fisher, Ochs & Heck, P.A., of Topeka, argued the cause, and Robert D. Ochs, of the same firm, was with him on the briefs for the appellant and cross-appellee.

John F. Hayes, of Gilliland, Hayes & Gilliland, of Hutchinson, argued the cause, and Eugene G. Coombs, of Coombs, Chartered, of Wichita, was with him on the brief for the appellees and cross-appellants.

Robert C. Martindell, of Martindell, Carey, Hunter & Dunn, of Hutchinson, argued the cause and was on the brief for the defendant-appellee.

The opinion of the court was delivered by

FROMME, J.:

The present appeal poses questions arising from the interaction between the workmen's compensation law and the comparative negligence statute. In considering these two statutes this court is confronted with the relative equities present when there is a concurrently negligent employer and a negligent third-party tort-feasor. These two cases were consolidated and jointly tried in the district court to a single...

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