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MARSHALL v. MAYFLOWER TRANSIT, INC.

No. 64,877

249 Kan. 620 (1991)

822 P.2d 591

MARY F. MARSHALL, et al., Plaintiffs/Appellees, v. MAYFLOWER TRANSIT, INC., Appellant, and KANSAS TURNPIKE AUTHORITY, et al., Defendants.

Supreme Court of Kansas.

Opinion filed December 6, 1991.

Attorney(s) appearing for the Case

Hal D. Meltzer, of Turner and Boisseau, Chartered, of Overland Park, argued the cause and was on the brief for appellant.

Charles S. Fisher, Jr., of Fisher, Cavanaugh & Smith, P.A., of Topeka, argued the cause, and Patrick C. Smith, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

After a multi-vehicle accident on the Kansas Turnpike caused the death of Thomas Marshall, Sr., his family filed a wrongful death and survival action. All of the defendants settled with the Marshalls prior to trial except Mayflower Transit, Inc. (Mayflower). The jury awarded $2,914,087.27 and attributed 30 percent of the fault to Mayflower and 5 percent to Marshall. The verdict was reduced pursuant to K...

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