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QUESENBURY v. WICHITA COCA COLA BOTTLING CO.

No. 52,166

229 Kan. 501 (1981)

625 P.2d 1129

RUBY IRENE QUESENBURY, GREG FELDMAN and CINDY FELDMAN, Appellees, v. WICHITA COCA COLA BOTTLING COMPANY, INC.; RICHARD D. COX, and AMERICAN INSURANCE COMPANY, Appellees, and TRINITY UNIVERSAL INSURANCE COMPANY, Intervenor-Appellant.

Supreme Court of Kansas.

Opinion filed March 25, 1981.

Attorney(s) appearing for the Case

Christopher Randall, of Turner and Boisseau, Chartered, of Wichita, argued the cause and was on the brief for intervenor-appellant Trinity Universal Insurance Company.

Harold K. Greenleaf, Jr., of Smith, Greenleaf & Brooks, of Liberal, argued the cause, and Steven L. Brooks, of the same firm, was on the brief for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This appeal is a dispute between plaintiffs' attorney and plaintiffs' insurer as to whether the attorney is entitled to a fee on the insurer's subrogated portion of settlement proceeds recovered from the defendant tort-feasor for property damage. The trial court held in favor of the attorney, and the insurer appeals.

The basic facts are as follows. On November 7, 1978, a Wichita Coca Cola Bottling...

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