SMITH v. PRINTUP

No. 67,591

254 Kan. 315 (1993)

866 P.2d 985

BARRY L. SMITH, Administrator of the Estate of Glen C. Smith, deceased, et al., Appellants/Cross-Appellees, v. ALBERT PRINTUP AND AMERICAN RED BALL TRANSIT COMPANY, INC., Appellees/Cross-Appellants, and SOUTHWEST MOVERS, INC., AMERICAN STATES INSURANCE CO., and HARTFORD ACCIDENT & INDEMNITY CO., Appellees, and KANSAS TURNPIKE AUTHORITY; MYERS CONSTRUCTION COMPANY; AND ALLIED LABORATORIES, Defendants.

Supreme Court of Kansas.

Opinion filed December 30, 1993.


Attorney(s) appearing for the Case

Randall E. Fisher, of Michaud, Hutton & Bradshaw, of Wichita, argued the cause and was on the briefs for appellants/cross-appellees.

Dennis D. Webb, of Shultz, Webb & Lonker, of Wichita, argued the cause and was on the briefs for appellee/cross-appellant Albert Printup.

Stephen M. Kerwick, of Foulston & Siefkin, of Wichita, argued the cause, and Jay F. Fowler and Craig W. West, of the same firm, were with him on the briefs for appellee/cross-appellant American Red Ball Transit Company, Inc.

Vince P. Wheeler, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Randy J. Troutt, of the same firm, was with him on the briefs for appellees Southwest Movers, Inc., and American States Insurance Co.

Philip L. Bowman, Michael T. Metcalf, and Teresa J. James, of Adams, Jones, Robinson & Malone, Chartered, of Wichita, were on the brief for appellee Hartford Accident and Indemnity Co.

Robert E. Keeshan, of Hamilton, Peterson, Tipton & Keeshan, of Topeka, was on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

DAVIS, J.:

This appeal arises out of a punitive damage award in a wrongful death and survivor action. None of the issues involve the award of compensatory damages.

The facts giving rise to the cause of action are as follows.

Near midnight on September 15, 1987, defendant Albert Printup was driving a moving van southeast in the right lane on the Kansas Turnpike near the Andover exit. He lost control...

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