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SAMSEL v. WHEELER TRANSPORT SERVICES, INC.

No. 62,983

244 Kan. 726 (1989)

771 P.2d 71

DOUGLAS SAMSEL, Plaintiff, v. WHEELER TRANSPORT SERVICES, INC., DON C. HILGENFELD, and GREAT WEST CASUALTY COMPANY, Defendants.

Supreme Court of Kansas.

Opinion filed March 30, 1989.

Attorney(s) appearing for the Case

Jerry R. Palmer, of Palmer, Marquardt & Snyder, P.A., of Topeka, argued the cause and was on the briefs for the plaintiff.

Edwin Dudley Smith, of Fisher, Patterson, Sayler & Smith, of Topeka, and Steve R. Fabert, of the same firm, argued the cause and were on the briefs for the defendants.

G. Gordon Atcheson, of Shamberg, Johnson, Bergman & Morris, Chartered, of Overland Park, was on the brief amicus curiae for the Kansas Trial Lawyers Association.

The opinion of the court was delivered by:

MILLER, C.J.:

This action for damages for personal injury arose out of a motor vehicle collision which occurred on May 16, 1988, in Riley County, Kansas. There being diversity of citizenship, the action was commenced in the United States District Court for the District of Kansas. Among the claims of plaintiff is a claim for damages for pain and suffering.

The 1987 Kansas Legislature enacted L. 1987, ch. 217...

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