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STEVENS v. STEVENS

No. 54,314

231 Kan. 726 (1982)

647 P.2d 1346

XANTHIPPE STEVENS, et al., Appellees, v. MARY CONNIE STEVENS, Appellant.

Supreme Court of Kansas.

Opinion filed July 16, 1982.

Attorney(s) appearing for the Case

Dennis Horner, of Horner, Duckers & Cornwell, of Kansas City, argued the cause, and Carl E. Cornwell and Martha Ridgway Schmid, of the same firm, were with him on the brief for the appellant.

Glenda Cantrell, of Couch, Strausbaugh & Pierce, of Overland Park, argued the cause, and Daniel J. Strausbaugh, of the same firm, was with her on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This is a wrongful death action brought by Xanthippe and Xavier Stevens against their stepmother, Mary Connie Stevens, for the death of their father, Gary Stevens. The defendant, Mary Connie Stevens, filed a motion to dismiss the action on the ground interspousal tort immunity would have barred an action by the father against his wife and under the wrongful death statute, K.S.A. 60-1901, an action by the...

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