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LAY v. KANSAS DEPT. OF TRANSPORTATION

No. 74,560.

23 Kan. App.2d 211 (1996)

928 P.2d 920

DWIGHT D. LAY, Appellant, v. STATE OF KANSAS, DEPARTMENT OF TRANSPORTATION, and SECRETARY OF TRANSPORTATION, E. DEAN CARLSON, Appellees.

Court of Appeals of Kansas.

Opinion filed December 20, 1996.

Attorney(s) appearing for the Case

Dan Lykins, of Bryan, Lykins & Hejtmanek, P.A., of Topeka, for the appellant. Vicky S. Johnson, of the Kansas Department of Transportation, for the appellee.

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

PIERRON, J.:

Dwight D. Lay appeals the district court's granting of summary judgment to the Kansas Department of Transportation (KDOT) in this personal injury case. We affirm.

Plaintiff was driving his 1982 Datsun automobile west on Jackson County Road 142. He was very seriously injured when he rolled his car after failing to negotiate a curve east of the intersection of Jackson County Road 142 and State Highway 75.

There is a hill and curve on County...

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