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AKINS v. HAMBLIN

No. 57,258

237 Kan. 742 (1985)

703 P.2d 771

TONI AKINS, by and through her Mother and Next Friend, Janet Akins, Appellant, v. BUTCH HAMBLIN, Appellee.

Supreme Court of Kansas.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Paul J. Mohr, of Gerald W. Scott, P.A., of Wichita, argued the cause and Gerald W. Scott, of the same firm, was with him on the brief for appellant.

J. Franklin Hummer, of Davis, Unrein, Hummer & McCallister, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal from a decision of the district court of Seward County in which the court granted summary judgment to the defendant. The sole issue raised is whether a passenger in an automobile being driven in a reckless manner has a duty to speak or take positive action to avoid injury to other passengers in the same automobile.

On February 20, 1982, 20-year-old Butch Hamblin was a passenger...

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