KUHL v. ATCHISON, TOPEKA & SANTA FE RWY. CO.

No. 65,704

250 Kan. 332 (1992)

827 P.2d 1

NORMAN KUHL and BILLY D. VAN AKEN, Appellees, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a corporation; WILLA WRIGHT; and GREEN COUNTRY INN OF MERRIAM, L.P., a Kansas Limited Partnership, as owner of Oak Tree Inn, Appellants, and JUAN REYES and CURTIS CANSECO, Appellees.

Supreme Court of Kansas.

Opinion filed February 28, 1992.


Attorney(s) appearing for the Case

Bradley S. Russell, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Michael J. Dutton, of the same firm, was with him on the brief for appellants Willa Wright and Green Country Inn.

William P. Coates, Jr., of McAnany, Van Cleave & Phillips, P.A., of Lenexa, argued the cause, and Douglas M. Greenwald, of the same firm, was with him on the brief for appellant Atchison, Topeka & Santa Fe Railway Company.

Jon G. Carlson, of Jon G. Carlson & Associates, P.C., of Edwardsville, Illinois, argued the cause, and Davy C. Walker, of Kansas City, was with him on the brief for appellees Norman Kuhl and Billy D. Van Aken.

Susan S. Baker, of Payne & Jones, Chartered, of Overland Park, was on the brief for appellee Juan Reyes.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is a personal injury action arising out of a motor vehicle accident. The plaintiffs Norman Kuhl and Billy D. Van Aken were employees of the defendant, Atchison, Topeka & Santa Fe Railway Company (ATSF). Defendant Willa Wright was employed at the Oak Tree Inn, a motel owned by defendant Green Country Inn, and she was driving Kuhl and Van Aken to work when the motel's van was struck from behind...

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