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FINKBINER v. CLAY COUNTY

No. 58,390

238 Kan. 856 (1986)

714 P.2d 1380

CRAIG FINKBINER, Appellant, v. CLAY COUNTY KANSAS; and MULBERRY TOWNSHIP OF CLAY COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed February 21, 1986.

Attorney(s) appearing for the Case

Bruce C. Barry, of Bengtson, Waters, Thompson and Barry, Chartered, of Junction City, argued the cause, and Roger D. Thompson, of the same firm, was on the brief for appellant.

John D. Conderman, of Arthur, Green, Arthur and Conderman, of Manhattan, argued the cause and was on the brief for appellee Clay County, Kansas.

J. Franklin Hummer, of Davis, Unrein, Hummer and McCallister, of Topeka, argued the cause and was on the brief for appellee Mulberry Township of Clay County, Kansas.

The opinion of the court was delivered by

LOCKETT, J.:

Plaintiff drove his pickup truck over the end of a township road into a dry river bottom. He sued both the county and the township for injuries suffered, claiming they had failed to post proper warning signs. The district court granted summary judgment to the defendants after determining that under the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., they were immune from liability because the signing...

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