HONEYCUTT v. CITY OF WICHITA

No. 64,179

247 Kan. 250 (1990)

796 P.2d 549

JEREMY HONEYCUTT, a minor, by and through his Guardian, DANIEL H. PHILLIPS, Appellee, v. CITY OF WICHITA, WICHITA PUBLIC SCHOOL SYSTEM U.S.D. No. 259, UNION PACIFIC RAILROAD CORPORATION, and MISSOURI PACIFIC RAILROAD CO., Appellants.

Supreme Court of Kansas.

Opinion filed July 23, 1990.


Attorney(s) appearing for the Case

Debra J. Arnett, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Barbara S. Girard, of the same firm, was with her on the briefs for appellant Wichita Public School System U.S.D. No. 259.

Michael B. Buser, of Union Pacific Railroad Company of North Kansas City, Missouri, argued the cause and was on the briefs for appellants Union Pacific Railroad Corporation and Missouri Pacific Railroad Co.

Douglas J. Moshier, assistant city attorney, argued the cause and was on the briefs for appellant City of Wichita.

Bradley J. Prochaska, of Bradley J. Prochaska & Associates, of Wichita, argued the cause, and Gerard C. Scott and Michael L. Snider, of the same firm, were with him on the brief for appellee.

Randall E. Fisher, of Michaud, Hutton & Bradshaw, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.

Kerry M. Gasper, of Topeka, was on the brief for amicus curiae Kansas Association of School Boards.


The opinion of the court was delivered by

MILLER, C.J.:

This is an interlocutory appeal from an order of the Sedgwick County District Court, finding as a matter of law that the six-year-old plaintiff, Jeremy Honeycutt, could not be comparatively at fault because of his age and granting partial summary judgment. Defendants, the City of Wichita, U.S.D. No. 259, Union Pacific Railroad Corporation, and Missouri Pacific...

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