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FOLKS v. KANSAS POWER & LIGHT CO.

No. 61,002

243 Kan. 57 (1988)

755 P.2d 1319

MARGARET L. FOLKS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF KENNETH L. FOLKS, DECEASED; MICHAEL KENNETH FOLKS, A MINOR; AUBREY LYNN FOLKS, A MINOR; AND DIANA ELAINE FOLKS, A MINOR; BY AND THROUGH MARGARET L. FOLKS, THEIR NATURAL MOTHER, NEXT FRIEND, AND CONSERVATOR, Appellees/Cross-Appellants, v. THE KANSAS POWER AND LIGHT COMPANY, Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed April 29, 1988.

Attorney(s) appearing for the Case

Frederick K. Starrett, of Miller and Bash, P.C., of Overland Park, argued the cause and was on the briefs for appellant/cross-appellee.

Donald W. Vasos, of Vasos, Kugler & Dickerson, of Kansas City, argued the cause, and Stephen G. Dickerson, of the same firm, was with him on the briefs for appellees/cross-appellants.

Dwight A. Corrin, of Corrin & Krysl, Chartered, of Wichita, and Ricky E. Bailey, of Focht, Hughey, Hund & Calvert, of Wichita, were on the brief amicus curiae for Kansas Trial Lawyers Association.

Michael L. Koon, of Shook, Hardy & Bacon, of Overland Park, and Matthew D. Keenan, of the same firm, were on the brief amicus curiae for Kansas Association of Defense Counsel.

The opinion of the court was delivered by

LOCKETT, J.:

Defendant, The Kansas Power and Light Company (KPL), appeals the judgment in a wrongful death and survival action brought by the surviving spouse and minor children of Kenneth Folks, deceased. Folks, a painter employed by the third-party defendant, Martin Painting Company, was fatally injured when a metal ladder he was using came in contact with defendant's power line. The jury awarded plaintiffs actual...

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