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MCCLEARY v. BOSS

No. 77,287.

24 Kan. App.2d 791 (1997)

955 P.2d 127

MARY MCCLEARY, individually and as Special Administratrix for the Estate of CHRISTOPHER LEECH, deceased, Appellant, v. JEREMY L. BOSS, BOARD OF COUNTY COMMISSIONERS OF LABETTE COUNTY, and RAY and GLADYS CHASTAIN, Appellees.

Court of Appeals of Kansas.

Opinion filed December 19, 1997.

Attorney(s) appearing for the Case

Patrick C. Smith, of Spigarelli, McLane & Short, of Pittsburg, for appellant.

M. Doug Bell, of Hall, Levy, DeVore, Bell & Ott, of Coffeyville, for appellee Jeremy L. Boss.

Lynn D. Preheim and Stephanie N. Scheck, of Morrison & Hecker, L.L.P., of Wichita, for appellee Board of County Commissioners of Labette County.

Zachery E. Reynolds and Patricia A. Miklos, of The Reynolds Law Firm, of Fort Scott, for appellees Ray and Gladys Chastain.

Before BRAZIL, C.J., ELLIOTT and LEWIS, JJ.

ELLIOTT, J.:

Mary McCleary filed this wrongful death suit for the death of her son, Christopher Leech, who was killed when the all-terrain vehicle (ATV) he was riding struck a pickup truck at a county road intersection.

McCleary sued Jeremy L. Boss, driver of the truck; adjoining landowners Ray and Gladys Chastain; and the Labette County Commissioners. McCleary appeals the trial court's order granting summary...

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