BALAGNA v. SHAWNEE COUNTY

No. 55,222

233 Kan. 1068 (1983)

668 P.2d 157

FRANCES BALAGNA and JOSHUA BALAGNA, By and Through his Next Friend, FRANCES BALAGNA, Plaintiffs-Appellants, v. SHAWNEE COUNTY, KANSAS, et al., Defendants-Appellees, VAN DOREN-HAZARD-STALLINGS, et al., and DALLAS W. FREEBORN, Defendants-Appellees, SHAWNEE COUNTY, KANSAS, Third Party Plaintiff, v. M.W. WATSON, INC., Third Party Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed August 11, 1983.


Attorney(s) appearing for the Case

William H. Pickett, of William H. Pickett, P.C., of Kansas City, Missouri, argued the cause, and Robert J. Perkins, of the same firm, and Gene Schroer, of Jones, Schroer, Rice, Bryan & Lykins, of Topeka, were with him on the brief for the appellants.

Donna Voth, Shawnee County Counselor, argued the cause and was on the brief for Shawnee County and Shawnee County Main and Lateral Sewer District No. 33, defendants-appellees.

Herbert A. Marshall, of Marshall, Hawks, Hendrix, Schenk and Nichols, of Topeka, argued the cause, and Robert J. Perry, of the same firm, was with him on the brief for Van Doren-Hazard-Stallings, et al., and Dallas W. Freeborn, defendants-appellees.

Ann L. Hoover, of Fisher, Ochs and Heck, P.A., of Topeka, argued the cause, and Robert D. Ochs, and Zackery E. Reynolds, of the same firm, were on the brief for M.W. Watson, Inc., third party defendant-appellee.


The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the widow and child of Dennis Balagna to recover damages for wrongful death. The decedent, Dennis Balagna, was killed when the sides of a trench caved in on him while he was working at a construction site. The defendants are: (1) The architect-engineers, Van Doren-Hazard-Stallings and their agent, Dallas W. Freeborn, hereinafter referred to as Van Doren or the Engineers; (2...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases