NIRSCHL v. WEBB

No. 58,003

239 Kan. 90 (1986)

716 P.2d 173

THEODORE A. NIRSCHL, Appellant/Cross-Appellee, v. DON WEBB, d/b/a WEBB PRODUCE CO., and PAXTON NATIONAL INSURANCE COMPANY, Appellees/Cross-Appellants.

Supreme Court of Kansas.

Opinion filed March 28, 1986.


Attorney(s) appearing for the Case

W.J. Fitzpatrick, of Independence, and Joseph R. Ebbert, of Niewald, Waldeck, Norris & Brown, of Overland Park, argued the cause, and were on the briefs for appellant/cross-appellee.

Monti L. Belot, of Hall, Levy, Lively, Viets, DeVore & Belot, of Coffeyville, argued the cause, and was on the brief for appellees/cross-appellants.


The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the plaintiff, Theodore A. Nirschl, against the defendants, Don Webb, d/b/a Webb Produce Company, a licensed carrier and a resident of Oklahoma, and his liability insurance company, Paxton National Insurance Company (Paxton National), to recover damages for personal injuries and property damage sustained in an automobile collision. The case was tried twice to a jury. At the...

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