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ROGERS v. OMEGA CONCRETE SYSTEMS, INC.

No. 69,800

20 Kan. App. 2d 1 (1994)

EDITH M. ROGERS, LINDA K. BUCKLINGER, and GEORGE EARL ROGERS, JR., Individually and as Heirs at Law of GEORGE EARL ROGERS and MATTHEW L. ROGERS, and EDITH M. ROGERS, as Administratrix of the Estates of GEORGE EARL ROGERS and MATTHEW L. ROGERS, Appellants, v. OMEGA CONCRETE SYSTEMS, INC., a Kansas Corporation, Appellee.

Court of Appeals of Kansas.

Opinion filed June 17, 1994.

Attorney(s) appearing for the Case

Tim J. Moore, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for the appellants.

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

Before LEWIS, P.J., GREEN, J., and JAMES J. SMITH, District Judge, assigned.

LEWIS, J.:

George Earl Rogers and Matthew Rogers were father and son. Matthew, at the time of his death, was employed by Omega Concrete Systems, Inc. (Omega). Since Matthew did not have a driver's license, George drove him to work nearly every day for several years. In order to deliver Matthew to the Omega job site, the parties had to travel over a private road on land owned by the Union Pacific Railroad Company (UP). This road was accessed by traveling down highway...

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