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PAPE v. KANSAS POWER & LIGHT CO.

No. 53,346

231 Kan. 441 (1982)

647 P.2d 320

MICHELLE PAPE, a minor, by Kathleen Pape Johansen, Guardian and Conservator, and KATHLEEN PAPE JOHANSEN, individually and as Executrix of the Estate of Terry Dwayne Pape, Deceased, Appellees, v. THE KANSAS POWER AND LIGHT COMPANY, Appellant, and MICHAEL PAPE, a minor, by PAMELA PAPE, Conservator, Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed June 11, 1982.

Attorney(s) appearing for the Case

Robert D. Ochs, of Fisher, Ochs and Heck, P.A., of Topeka, argued the cause, and Frederick K. Starrett and Gregory A. Whittmore, of the same firm, were on the brief for the appellant.

Donald W. Vasos, of Vasos, Kugler & Dickerson, of Kansas City, argued the cause and was on the brief for the appellees.

Dan Dykstra, of Dykstra & Grill, of Kansas City, Missouri, and Robert W. Harris, of Harris & Harris, of Kansas City, were on the brief for the intervenor-appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the widow and children of Terry Pape against the defendant, Kansas Power and Light Company (KP&L), to recover damages for his wrongful death. Pape suffered fatal injuries on February 10, 1978, when a metal pole which he was using came in contact with KP&L's uninsulated 7200 volt power line at the Fairview Elevator, Fairview,

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