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GONZALES v. BOARD OF SHAWNEE COUNTY COMM'RS

No. 64,428

247 Kan. 423 (1990)

799 P.2d 491

AUGUSTINE GONZALES, AS ADMINISTRATOR OF THE ESTATE OF RODERICK E. GONZALES, DECEASED, and AUGUSTINE GONZALES and DOLORES GONZALES, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed October 26, 1990.

Attorney(s) appearing for the Case

Kevin M. Fowler, of Frieden, Haynes & Forbes, of Topeka, argued the cause, and Randall J. Forbes, of the same firm, was with him on the brief for appellants.

Douglas F. Martin, county counselor, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This summary judgment case is before us as an interlocutory appeal on transfer from the Court of Appeals.

At issue is whether K.S.A. 75-6104(o), a subsection of the Kansas Tort Claims Act, insulates Shawnee County from liability for negligent injury to a person who paid an admission fee to use an enclosed swimming beach and drowned.

A survival and wrongful death action has been filed by the...

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