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WATKINS v. HARTSOCK

No. 63,271

245 Kan. 756 (1989)

783 P.2d 1293

KENNETH D. WATKINS and TAMMY L. WATKINS, heirs at law of JESSICA L. WATKINS, deceased; and TAMMY L. WATKINS, an individual, Appellees, v. JIMMY W. HARTSOCK, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1989.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Kenton M. Hall, of the same firm, was with him 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.

Ricky E. Bailey, of Focht, Hughey, Hund & Calvert, of Wichita, was on the amicus curiae brief for the Kansas Trial Lawyers Association.

Nicholas S. Dailey, of Foulston & Siefkin, of Wichita, was on the amicus curiae brief for the Kansas Association of Defense Counsel.

The opinion of the court was delivered by

LOCKETT, J.:

This is an interlocutory appeal from the trial court's ruling that evidence of the misuse of a child safety seat may not be considered in determining comparative fault under K.S.A. 1988 Supp. 60-258a.

On October 20, 1987, three-month-old Jessica Watkins was killed in an automobile accident. The accident involved two cars: one driven by Tammy Watkins, Jessica...

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