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ROLLINS v. KANSAS DEPT. OF TRANSPORTATION

No. 56,947

238 Kan. 453 (1985)

711 P.2d 1330

WILLIAM T. ROLLINS, Appellant, v. THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 23, 1985.

Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Mikel L. Stout and Nola Tedesco Foulston, of the same firm, were with him on the brief for appellant.

Scott Logan, office of chief counsel, Kansas Department of Transportation, argued the cause, and David G. Tittsworth, chief counsel, Jay L. Smith and Timothy P. Orrick, of the same office, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the plaintiff in a case which arose from a one-car accident that occurred in the early morning hours of July 31, 1980, on Kansas Highway 25 (K-25) seven miles south of Lakin. William T. Rollins (plaintiff-appellant) was a passenger in the back seat of the vehicle, a 1979 Chevrolet Chevette. The accident occurred on a section of highway that was undergoing resurfacing by the Department...

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