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THORNTON v. SHORE

Nos. 54,477, 54,930

233 Kan. 737 (1983)

666 P.2d 655

CHARLES R. THORNTON, Appellant, v. VICTOR L. SHORE, DONALD L. BENDER, and VIRGINIA McCUE, Administrator of the Estate of Kenneth E. McCue, III, Deceased, Appellees. KENNETH E. McCUE and VIRGINIA McCUE, Appellants, v. VICTOR L. SHORE; DONALD L. BENDER; STATE OF KANSAS; and THE CITY OF LAWRENCE, KANSAS, a municipal corporation, Appellees.

Supreme Court of Kansas.

Opinion filed July 8, 1983.

Attorney(s) appearing for the Case

James E. Rumsey, of Rumsey & Hooge, of Lawrence, argued the cause and was on the brief for the appellant.

Leslie A. Kulick, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for appellees.

Michael E. Riling, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, argued the cause, and Wesley M. Norwood, of the same firm, was with him on the brief for appellants.

Leslie A. Kulick, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

Charles R. Thornton, Kenneth E. McCue and Virginia McCue, plaintiffs in these consolidated wrongful death actions, appeal from the district court's entry of summary judgment in favor of defendant police officer, Victor L. Shore. Plaintiffs' decedents were killed when their automobile was struck by a vehicle driven by defendant Donald Bender. At the time of the...

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