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TROUT v. KOSS CONSTR. CO.

No. 58,341

240 Kan. 86 (1986)

727 P.2d 450

JAMES R. TROUT and ALL FREIGHT SYSTEMS, INC., ROBERT SMITH, and RAYMOND MILLER, Appellees, v. KOSS CONSTRUCTION CO., PAUL J. FULSOM, INC., and KANSAS DEPARTMENT OF TRANSPORTATION, Appellants.

Supreme Court of Kansas.

Opinion filed October 31, 1986.

Attorney(s) appearing for the Case

Kris E. McKinney, staff attorney, Kansas Department of Transportation, argued the cause and Michael B. Rees, Chief Counsel, was with her on the briefs for appellant.

Gordon M. Rock, Jr., of Grimshaw & Rock, Chartered, of Olathe, argued the cause and was on the brief for appellee James R. Trout.

The opinion of the court was delivered by

HOLMES, J.:

The Kansas Department of Transportation (KDOT) appeals from a jury verdict and judgment in an action under the Kansas Tort Claims Act (KTCA), K.S.A. 75-6101 et seq., for personal injuries suffered by appellee James R. Trout, a truck driver, in an accident which occurred when his truck struck a number of horses on the highway. The jury returned a verdict for...

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