STATE FARM MUT. AUTO. INS. CO. v. WINNEY

No. 74,069.

22 Kan. App.2d 833 (1996)

923 P.2d 517

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. YANA WINNEY, Defendant, and BUDGET RENT-CAR OF MISSOURI, INC., Garnishee/Appellee.

Court of Appeals of Kansas.

Opinion filed September 13, 1996.


Attorney(s) appearing for the Case

Paul Hasty, Jr., and Chad K. Gillam, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellant.

W. Robert King and Jason R. Brown, of Couch, Strausbaugh, Pierce & King, Chartered, of Overland Park, for garnishee/appellee.

Before GREEN, P.J., RULON, J., and DAN D. BOYER, District Judge, assigned.


BOYER, J.:

State Farm Mutual Automobile Insurance Company (State Farm) contends that the trial court erred in dividing liability for damages sustained in a automobile accident equally between State Farm and Budget Rent-a-Car (Budget). We agree.

While driving a car rented from Budget, Yana Winney struck a car driven by Melissa Wood. Wood was insured by State Farm. State Farm paid Wood for her damages and then State Farm was awarded its claim for those damages...

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