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PEOPLES BANK OF PRATT v. INTEGRAL INS. CO.

No. 67,241

251 Kan. 809 (1992)

840 P.2d 503

THE PEOPLES BANK OF PRATT, as Conservator of the Estates of Jon R. Grossman and Ryan K. Grossman, children and heirs at law of Richard J. Grossman; and KAREN S. GROSSMAN, as an heir at law of Richard J. Grossman, Appellees/Cross-appellants, v. INTEGRAL INSURANCE COMPANY and SOUTHWEST TRANSPORTATION, INC., Appellants/Cross-appellees.

Supreme Court of Kansas.

Opinion filed October 30, 1992.

Attorney(s) appearing for the Case

Kenneth L. Weltz, of Curfman, Harris, Rose & Weltz, of Wichita, argued the cause, and Craig A. Kreiser, of the same firm, was with him on the briefs for appellants/cross-appellees.

Albert L. Kamas, of Render, Kamas & Hammond, of Wichita, argued the cause and was on the brief for appellees/cross-appellants.

The opinion of the court was delivered by

McFARLAND, J.:

This is a wrongful death action brought on behalf of the estate and heirs of Richard Grossman. The jury assessed 70 percent of the fault against defendants and 30 percent against the deceased. The defendants appealed and the plaintiffs filed a cross-appeal.

The facts may be summarized as follows. On June 29, 1989, Grossman was moving some of his cattle from one pasture to another. He was accompanied...

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