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BRANNER v. CROOKS

No. 52,591

6 Kan. App. 2d 813 (1981)

635 P.2d 1265

FRITZ BRANNER, d/b/a/ FRITZ BODY SHOP, Appellee, v. DAVID CROOKS and MIDWESTERN DELIVERY SERVICE, Defendants, and AETNA LIFE AND CASUALTY COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed November 13, 1981.

Attorney(s) appearing for the Case

Keith Martin, of Payne & Jones, Chartered, of Olathe, for appellant.

Wm. D. Wingfield, of Wexler and Wingfield, of Shawnee Mission, for appellee.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and HARMAN, C.J. Retired, assigned.

HARMAN, C.J. Retired:

Here a body shop owner has sued the owner of a damaged automobile and his collision carrier for repairs on the vehicle. Plaintiff took default judgment against the automobile owner. Trial to the court resulted in judgment for plaintiff against the insurance carrier for the amount of the repair bill. The insurer alone has appealed.

On December 6, 1979, an automobile owned by defendant, David Crooks, owner of Midwestern Delivery Service...

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