SCHMECK v. CITY OF SHAWNEE

No. 53,097

232 Kan. 11 (1982)

651 P.2d 585

TERESA L. SCHMECK, Appellee, v. CITY OF SHAWNEE, KANSAS, a municipal corporation; SECRETARY OF TRANSPORTATION OF KANSAS; KANSAS CITY POWER & LIGHT COMPANY, a corporation; MARILYN I. VELASQUEZ, Administratrix of the Estate of Linda S. Nepote, Deceased, Appellants.

Supreme Court of Kansas.

Opinion filed September 17, 1982.


Attorney(s) appearing for the Case

J. Eugene Balloun, of Balloun & Bodinson, Chartered, of Olathe, argued the cause and Ron Bodinson and Thomas R. Buchanan, of the same firm, and Marvin E. Rainey, of Rainey & Wiglesworth, of Overland Park, were with him on the brief for appellant City of Shawnee.

J. Roy Holliday, Jr., of Speer, Austin, Holliday, Lane & Ruddick, Chartered, of Olathe, argued the cause, and Peter V. Ruddick and Mary L. Stuckey, of the same firm, were with him on the brief for appellant Kansas City Power & Light Company.

Donald S. Simons, of Topeka, argued the cause and was on the brief for appellant Secretary of Transportation of Kansas.

Victor A. Bergman, of Schnider, Shamberg & May, of Shawnee Mission, argued the cause, and John E. Shamberg and Mark A. Johnson, of the same firm, were with him on the brief for appellee.

Frank A. Bien and Barkley Clark, of the League of Kansas Municipalities, of Topeka, and John Dekker, director of law of the city of Wichita, and Phillip L. Harris, city attorney of Overland Park, were on the amicus curiae brief of the League of Kansas Municipalities.


The opinion of the court was delivered by

HERD, J.:

This is an appeal by the City of Shawnee (City), and Kansas City Power and Light Company (KCPL), from a jury verdict for Teresa Schmeck in the amount of $1,750,000. The action arose out of a motorcycle accident on July 11, 1976. The City was found to be 47.5% at fault and KCPL was found to be 22.5% at fault. Larry Doyle, who settled with Schmeck prior to trial, was found to be 30% at fault. The remaining...

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