SCHMECK v. CITY OF SHAWNEE

No. 52,044

231 Kan. 588 (1982)

647 P.2d 1263

DORIS M. SCHMECK, Appellant, v. CITY OF SHAWNEE, KANSAS, a municipal corporation; SECRETARY OF TRANSPORTATION; KANSAS CITY POWER & LIGHT COMPANY, a corporation; MARILYN I. VELASQUEZ, Administratrix of the Estate of Linda S. Nepote, Deceased; and LARRY J. DOYLE, Appellees.

Supreme Court of Kansas.

Opinion filed July 16, 1982.


Attorney(s) appearing for the Case

Victor A. Bergman, of Schnider, Shamberg & May, Chartered, of Kansas City, argued the cause, and John E. Shamberg and Mark A. Johnson, of the same firm, were with him on the briefs for appellant.

Thomas R. Buchanan, of Balloun & Bodinson, Chartered, of Olathe, argued the cause, and J. Eugene Balloun and Ron Bodinson, of the same firm, were on the brief for appellee City of Shawnee, Kansas.

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

Gerald L. Rushfelt, of Rushfelt, Mueller, Druten and Moran, of Overland Park, argued the cause, and William P. Coates, Jr., of the same firm, was on the brief for appellee Larry J. Doyle.

Jannell D. Senn, of Boddington & Brown, of Kansas City, argued the cause, and N. Jack Brown, of the same firm, was on the brief for appellee Marilyn I. Velasquez, Administratrix of the Estate of Linda S. Nepote, Deceased.

Mark A. Buck, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, was on the brief for amicus curiae, Kansas Association of Defense Counsel.


The opinion of the court was delivered by

MILLER, J.:

This is an appeal in a negligence action by the plaintiff, Doris M. Schmeck, from summary judgment entered against her and in favor of the defendants by the Wyandotte District Court. Defendants are the City of Shawnee, Kansas; the Secretary of Transportation of the State of Kansas; Kansas City Power and Light Company; Marilyn I. Velasquez, administratrix of the estate of Linda S. Nepote, deceased; and Larry...

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