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NICHOLS v. U.S.D. NO. 400

No. 63,023

246 Kan. 93 (1990)

785 P.2d 986

JEFFREY T. NICHOLS, Appellant, v. UNIFIED SCHOOL DISTRICT No. 400, Appellee.

Supreme Court of Kansas.

Opinion filed January 19, 1990.

Attorney(s) appearing for the Case

Tim R. Karstetter, of Flory, Karstetter, Flory & Klenda, of McPherson, argued the cause and was on the brief for appellant.

John W. Mize, of Clark, Mize & Linville, Chartered, of Salina, argued the cause and Lawton M. Nuss, of the same firm, was with him on the briefs for appellee.

Daniel J. Sevart, of Sevart & Sevart, of Wichita, and James T. McIntyre, of Depew, Gillen & Rathbun, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.

The opinion of the court was delivered by

HERD, J.:

This is a personal injury case involving the Kansas Tort Claims Act. K.S.A. 75-6101 et seq.

The facts are undisputed. Jeffrey Nichols was practicing football with the Smoky Valley High School football team on the night he was injured. The head football coach directed the players to run to the locker room from the practice field after a nighttime practice on August 23, 1985. Between the football...

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