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SIPLE v. CITY OF TOPEKA

No. 55,703

235 Kan. 167 (1984)

679 P.2d 190

LYLE SIPLE and BETTY SIPLE, Appellees, v. CITY OF TOPEKA, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

Richard E. Jones, deputy city attorney, argued the cause, and Tom Stratton, legal intern, was with him on the briefs for the appellant.

Alan L. Tipton, of Hamilton, Peterson, Tipton & Muxlow, of Topeka, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

LOCKETT, J.:

The Siples, plaintiffs, brought this action in tort for damages to plaintiffs' car, premised on the duty owed by the City of Topeka, defendant, to inspect and remove an allegedly defective tree. Defendant claimed it was exempted from tort liability by the Kansas Tort Claims Act. In a trial to the court, judgment was granted in favor of plaintiffs. Defendant appeals...

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