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BURNEY v. KANSAS DEPT. OF SRS

No. 75,228.

23 Kan. App.2d 394 (1997)

931 P.2d 26

LARRY W. BURNEY, Appellee, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant.

Court of Appeals of Kansas.

Opinion filed January 17, 1997.

Attorney(s) appearing for the Case

Matthew W. Boddington, of Kansas Department of Social and Rehabilitation Services, of Topeka, for the appellant.

Kirk D. Auston, of Prairie Village, for the appellee.

Before MARQUARDT, P.J., LEWIS and GREEN, JJ.

LEWIS, J.:

Larry W. Burney filed suit against the Kansas Department of Social and Rehabilitation Services (SRS) for negligence and malicious prosecution. The jury returned a verdict in favor of Burney in the amount of $18,250, as adjusted after application of comparative fault. SRS appeals from that verdict. We reverse.

Burney was employed as a substitute teacher at Washington High School in Kansas City. While conducting the sixth hour class at that school...

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