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BAKER v. CITY OF TOPEKA

No. 53,420

231 Kan. 328 (1982)

644 P.2d 441

DAVID BAKER, by and through his conservator, IRA DENNIS HAWVER, Plaintiff, v. CITY OF TOPEKA, KANSAS, Defendant-Appellant, and THE KANSAS POWER AND LIGHT COMPANY, Defendant-Appellee, and EAGLE SIGNAL CORPORATION; GADES SALES COMPANY, INC.; E.W. BLISS COMPANY; GULF & WESTERN INDUSTRIES COMPANY; GULF & WESTERN MFG. CO.; EAGLE SIGNAL AMERICAS CORPORATION; EAGLE SIGNAL MFG. CORP.; PARAMOUNT INTERNATIONAL HOLDING COMPANY; STATE OF KANSAS; JOHN B. KEMP, SECRETARY OF TRANSPORTATION of the STATE OF KANSAS; MARK MEIER; ROBERT LEE BURKHARDT; and COLLEEN M. CHISHAM, Defendants.

Supreme Court of Kansas.

Opinion filed May 8, 1982.

Attorney(s) appearing for the Case

Robert E. Duncan, II, assistant city attorney, argued the cause and was on the brief for appellant, City of Topeka.

Robert D. Ochs, of Fisher, Ochs and Heck, P.A., of Topeka, argued the cause and Ann L. Hoover, of the same firm, was with him on the brief for appellee, Kansas Power & Light Co.

The opinion of the court was delivered by

HOLMES, J.:

The City of Topeka, a defendant in a comparative negligence action, appeals from an order dismissing its cross-claim against Kansas Power and Light Company (KP&L), a codefendant. Both parties, along with several other defendants, settled with the plaintiff and he, along with the other defendants, are not parties to this appeal.

On September 26, 1977...

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