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FOUNTAIN v. SE-KAN ASPHALT SERVICES, INC.

No. 67,072

17 Kan. App. 2d 323 (1992)

837 P.2d 835

MARKA L. FOUNTAIN, INDIVIDUALLY, AS HEIR AT LAW OF DAVID L. FOUNTAIN, DECEASED, AND AS NATURAL GUARDIAN AND NEXT FRIEND OF MEGAN L. FOUNTAIN, A MINOR, AND MORGAN L. FOUNTAIN, A MINOR, Appellants, v. SE-KAN ASPHALT SERVICES, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed August 7, 1992.

Attorney(s) appearing for the Case

Zackery E. Reynolds and Blake Hudson, of Hudson, Mullies & Reynolds, of Fort Scott, for appellants.

Michael J. Dutton, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for appellee.

Before RULON, P.J., LEWIS, J., and DAVID J. KING, District Judge, assigned.

Petition for review denied 251 Kan. 937 (1992).

LEWIS, J.:

This is an appeal of a wrongful death action filed by the widow and surviving children of David L. Fountain. Fountain was killed when his truck collided with a dump truck hauling asphalt on a rural, dusty, Miami County road. The plaintiffs sued Miami County (County), the road contractor, Se-Kan Asphalt Services, Inc. (Se-Kan), a subcontractor who owned the dump truck, and the driver of that truck....

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