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KEMNA v. KANSAS DEPT. OF TRANSPORTATION

No. 69,991

19 Kan. App. 2d 846 (1994)

877 P.2d 462

BARBARA J. KEMNA, HAROLD M. KEMNA, GARY F. WIEBELHAUS, JUDITH F. WIEBELHAUS, and SUSAN M. DALY, Appellees, v. KANSAS DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Kansas.

Opinion filed July 15, 1994.

Attorney(s) appearing for the Case

Vicky S. Johnson, of Kansas Department of Transportation, for appellant.

Forrest E. Short, of Short, Gentry & Bishop, of Fort Scott, for appellees.

Before ELLIOTT, P.J., GERNON and PIERRON, JJ.

GERNON, J.:

The Kansas Department of Transportation (KDOT) appeals from a jury verdict awarding damages to several plaintiffs whose properties were damaged by floodwaters in 1986. It contends the trial court erred in failing to grant its motion for a directed verdict on the issues of causation and whether it had a duty to design its highway improvements in order to accommodate the flood in the present case. We affirm.

On October 2 and 3, 1986, the area around...

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