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GAMBLIAN v. CITY OF PARSONS

No. 76,085.

261 Kan. 541 (1997)

931 P.2d 1238

CLARA GAMBLIAN, as Administrator of the Estate of CHARLES R. "RICK" GAMBLIAN, Deceased, and as mother and next friend of CHARLES STOVER (GAMBLIAN) and STEVEN GAMBLIAN, minor children, and RACHELLE RILES, as mother and next friend of KRYSTAL GAMBLIAN, minor child, Appellants, v. THE CITY OF PARSONS, KANSAS, and THE STATE OF KANSAS, KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1997.

Attorney(s) appearing for the Case

Frederick R. Smith, of Pittsburg, argued the cause and was on the brief for appellants.

Patrick G. Reavey, of Fisher, Patterson, Sayler & Smith, L.L.P., of Overland Park, argued the cause, and Michael K. Seck, of the same firm, was with him on the brief for appellee City of Parsons.

Michael George, associate general counsel, argued the cause, and Beth Lange Engle, staff counsel, was with him on the brief for appellee Kansas Department of Social and Rehabilitation Services.

The opinion of the court was delivered by

ABBOTT, J.:

This is a wrongful death case filed on behalf of three minor children whose father, Charles R. "Rick" Gamblian, died as a result of a tractor accident while working for the City of Parsons, Kansas, pursuant to a contract with the Kansas Department of Social and Rehabilitation Services (SRS).

The trial court granted summary judgment to the defendants, SRS...

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