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WOODRUFF v. CITY OF OTTAWA

No. 77,490.

263 Kan. 557 (1997)

951 P.2d 953

REBECCA WOODRUFF, Individually, MAX WOODRUFF, Individually, and REBECCA and MAX WOODRUFF, for and on behalf of MORGAN ELIZABETH WOODRUFF, Deceased, Appellants, v. THE CITY OF OTTAWA, KANSAS, a Kansas municipality, Appellee, and THE CITY OF OTTAWA POLICE DEPARTMENT, JEFF HERRMAN, in his Representative Capacity as Police Chief for the CITY OF OTTAWA POLICE DEPARTMENT, Defendants.

Supreme Court of Kansas.

Opinion filed December 30, 1997.

Attorney(s) appearing for the Case

Ronald P. Pope, of Eugene B. Ralston & Associates, of Topeka, argued the cause and was on the brief for appellant.

Michael K. Seck, of Fisher, Patterson, Sayler & Smith, L.L.P., of Overland Park, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Plaintiffs Rebecca and Max Woodruff brought an action against the City of Ottawa, Kansas, (City) for wrongful death and personal injury arising when the Woodruffs' car was struck by an automobile driven by Douglas A. Totton, who was operating his vehicle under the influence of alcohol. At the time of the accident, Rebecca Woodruff was pregnant with a daughter...

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